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S T A T E O F R H O D E I S L A N D |
IN GENERAL ASSEMBLY |
JANUARY SESSION, A.D. 2022 |
A N A C T
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2023
Introduced By: Representative Marvin L. Abney |
Date Introduced: January 20, 2022 |
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 2023 |
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 CAPITAL DEVELOPMENT PROGRAM |
6 | ARTICLE 6 | RELATING TO TAXES AND REVENUES |
7 | ARTICLE 7 | RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF |
8 | FY 2022 | |
9 | ARTICLE 8 | RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND |
10 | OPERATING SPACE | |
11 | ARTICLE 9 | RELATING TO ECONOMIC DEVELOPMENT |
12 | ARTICLE 10 | RELATING TO EDUCATION |
13 | ARTICLE 11 | RELATING TO COURTS AND STATE HOSPITALS |
14 | ARTICLE 12 | RELATING TO MEDICAL ASSISTANCE |
15 | ARTICLE 13 | RELATING TO HUMAN SERVICES |
16 | ARTICLE 14 | RELATING TO EFFECTIVE DATE |
======== LC004149/SUB A
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art.001/7/001/6/001/5/001/4/001/3/001/2/001/1
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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2023
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2023.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
his or her orders upon the general treasurer for the payment of such sums or such portions thereof
as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
Administration
Central Management
General Revenues 4,896,389
Provided that $2,000,000 shall be allocated to support a state workforce compensation and
classification study, of which all unexpended or unencumbered balances, at the end of the fiscal
year, shall be reappropriated to the ensuing fiscal year and made immediately available for the same
purposes.
Federal Funds 108,998,500
Federal Funds - State Fiscal Recovery Fund
Nonprofit Assistance 20,000,000
Public Health Response Warehouse Support 2,000,000
Health Care Facilities 77,500,000
Ongoing COVID-19 Response 73,000,000
Total - Central Management 286,394,889
Legal Services
General Revenues 2,374,193
Accounts and Control
General Revenues 5,211,103
Federal Funds
Federal Funds - Capital Projects Fund
1 CPF Administration | 349,497 |
2 Federal Funds - State Fiscal Recovery Fund | |
3 Pandemic Recovery Office | 4,948,839 |
4 Restricted Receipts - OPEB Board Administration | 137,905 |
5 Restricted Receipts - Grants Management Administration | 2,130,371 |
6 Total - Accounts and Control | 12,777,715 |
7 Office of Management and Budget | |
8 General Revenues | 8,354,324 |
9 Federal Funds | 101,250 |
10 Restricted Receipts | 300,000 |
11 Other Funds | 1,228,111 |
12 Total - Office of Management and Budget | 9,983,685 |
13 Purchasing | |
14 General Revenues | 3,830,668 |
15 Restricted Receipts | 381,474 |
16 Other Funds | 550,989 |
17 Total - Purchasing | 4,763,131 |
18 Human Resources | |
19 General Revenues | 755,922 |
20 Personnel Appeal Board | |
21 General Revenues | 143,059 |
22 Information Technology | |
23 General Revenues | 721,340 |
24 Restricted Receipts | 54,589,160 |
25 Provided that of the total available in the Information Technology Investment Fund as of
26 July 1, 2022, $22.4 million shall be made available for the development and implementation of an
electronic medical records system for the state hospitals, $19.4 million for the replacement and
modernization of the legacy department of labor and training mainframe system, $6.7 million for
RIBridges Mobile and Childcare Tracking, $2.5 million for Blockchain Digital Identity, $2.2
million to support implementation of the Enterprise Resource Planning System, $5.8 million for
the department of environmental management’s online permit and licensing systems for fish and
wildlife, commercial fishing, and boating registrations, $3.3 million for Wi-Fi and Technology at
the Adult Correctional Institutions, and $2.3 million for the tax modernization system.
Total - Information Technology 55,310,500
1 Library and Information Services | |
2 General Revenues | 1,796,514 |
3 Federal Funds | 2,088,205 |
4 Restricted Receipts | 6,990 |
5 Total - Library and Information Services | 3,891,709 |
6 Planning | |
7 General Revenues | 840,855 |
8 Federal Funds | 3,050 |
9 Other Funds | |
10 Air Quality Modeling | 24,000 |
11 Federal Highway - PL Systems Planning | 3,813,016 |
12 State Transportation Planning Match | 592,033 |
13 FTA - Metro Planning Grant | 1,340,126 |
14 Total - Planning | 6,613,080 |
15 General | |
16 General Revenues | |
17 Miscellaneous Grants/Payments | 130,000 |
18 Provided that this amount be allocated to City Year for the Whole School Whole Child | |
19 Program, which provides individualized support to at-risk students. | |
20 Torts - Courts/Awards | 675,000 |
21 Resource Sharing and State Library Aid | 10,991,049 |
22 Library Construction Aid | 1,859,673 |
23 Historic Tax Credits | 28,000,000 |
24 RICAP Transfer | 15,000,000 |
25 Federal Funds | |
26 Federal Funds - State Fiscal Recovery Fund | |
27 Aid to the Convention Center | 5,000,000 |
28 Federal Funds - Capital Projects Fund | |
29 Municipal and Higher Ed Matching Grant Program | 23,360,095 |
30 RIC Student Services Center | 5,000,000 |
31 Restricted Receipts | 700,000 |
32 Other Funds | |
33 Rhode Island Capital Plan Funds | |
34 Security Measures State Buildings | 500,000 |
1 Energy Efficiency Improvements | 1,250,000 |
2 Cranston Street Armory | 750,000 |
3 State House Renovations | 2,083,000 |
4 Zambarano Buildings and Campus | 6,070,000 |
5 Replacement of Fueling Tanks | 680,000 |
6 Environmental Compliance | 400,000 |
7 Big River Management Area | 427,000 |
8 Shepard Building Upgrades | 1,500,000 |
9 RI Convention Center Authority | 7,350,000 |
10 Accessibility - Facility Renovations | 1,000,000 |
11 DoIT Enterprise Operations Center | 3,300,000 |
12 BHDDH MH & Community Facilities - Asset Protection | 750,000 |
13 BHDDH DD & Community Homes - Fire Code | 325,000 |
14 BHDDH DD Regional Facilities - Asset Protection | 1,700,000 |
15 BHDDH Substance Abuse Asset Protection | 500,000 |
16 BHDDH Group Homes | 1,250,000 |
17 Statewide Facility Master Plan | 1,700,000 |
18 Cannon Building | 1,150,000 |
19 Old State House | 100,000 |
20 State Office Building | 100,000 |
21 State Office Reorganization & Relocation | 250,000 |
22 William Powers Building | 2,700,000 |
23 Pastore Center Non-Hospital Buildings Asset Protection | 6,250,000 |
24 Washington County Government Center | 500,000 |
25 Chapin Health Laboratory | 500,000 |
26 560 Jefferson Blvd Asset Protection | 150,000 |
27 Arrigan Center | 825,000 |
28 Dunkin Donuts Center | 8,150,000 |
29 Pastore Center Building Demolition | 1,000,000 |
30 Veterans Auditorium | 765,000 |
31 Pastore Center Hospital Buildings Asset Protection | 500,000 |
32 Pastore Campus Infrastructure | 11,050,000 |
33 Community Facilities Asset Protection | 450,000 |
34 Zambarano LTAC Hospital | 1,177,542 |
1 Medical Examiners New Facility | 4,500,000 |
2 Total - General | 162,368,359 |
3 Debt Service Payments | |
4 General Revenues | 153,991,095 |
5 Out of the general revenue appropriations | for debt service, the General Treasurer is |
authorized to make payments for the I-195 Redevelopment District Commission loan up to the
maximum debt service due in accordance with the loan agreement.
Other Funds
9 Transportation Debt Service | 40,548,738 |
10 Investment Receipts - Bond Funds | 100,000 |
11 Total - Debt Service Payments | 194,639,833 |
12 Energy Resources | |
13 Federal Funds | |
14 Federal Funds | 981,791 |
15 Federal Funds - State Fiscal Recovery Fund | |
16 Electric Heat Pump Grant Program | 5,000,000 |
17 Restricted Receipts | 14,779,659 |
18 Total - Energy Resources | 20,761,450 |
19 Rhode Island Health Benefits Exchange | |
20 General Revenues | 4,077,880 |
21 Federal Funds | |
22 Federal Funds | 12,392,493 |
23 Federal Funds - State Fiscal Recovery Fund | |
24 Auto-Enrollment Program | 1,288,710 |
25 Restricted Receipts | 15,010,294 |
26 Total - Rhode Island Health Benefits Exchange | 32,769,377 |
27 Office of Diversity, Equity & Opportunity | |
28 General Revenues | 1,508,606 |
29 Other Funds | 119,807 |
30 Total - Office of Diversity, Equity & Opportunity | 1,628,413 |
31 Capital Asset Management and Maintenance | |
32 General Revenues | 9,810,315 |
33 Statewide Personnel and Operations | |
34 General Revenues |
1 FEMA Contingency Reserve | 15,000,000 |
2 General Officer Transition Costs | 350,000 |
3 Total - Statewide Personnel and Operations | 15,350,000 |
4 Grand Total - Administration | 820,335,630 |
| 3,801,190 |
| 1,942,687 |
10 Restricted Receipts | 63,000 |
11 Total - Banking Regulation | 2,005,687 |
| 863,630 |
14 Restricted Receipts | 15,000 |
15 Total - Securities Regulation | 878,630 |
| 4,419,316 |
18 Restricted Receipts | 2,041,662 |
19 Total - Insurance Regulation | 6,460,978 |
| 3,777,735 |
Provided that $1,500,000 is used to conduct a comprehensive analysis of all state licensed
and contracted social and human service providers, to include review of rates, eligibility, utilization,
and accountability standards pursuant to Rhode Island General Law, Section 42-14.5-3(t).
25 Federal Funds | 372,887 |
26 Restricted Receipts | 532,817 |
27 Total - Office of the Health Insurance Commissioner | 4,683,439 |
28 Board of Accountancy | |
29 General Revenues | 5,490 |
30 Commercial Licensing and Gaming and Athletics Licensing | |
31 General Revenues | 1,167,550 |
32 Restricted Receipts | 914,932 |
33 Total - Commercial Licensing and Gaming and Athletics Licensing | 2,082,482 |
34 Building, Design and Fire Professionals |
1 General Revenues | 8,852,699 |
2 Federal Funds | 318,300 |
3 Restricted Receipts | 2,200,455 |
4 Other Funds | |
5 Quonset Development Corporation | 69,727 |
6 Rhode Island Capital Plan Funds | |
7 Fire Academy Expansion | 675,000 |
8 Total - Building, Design and Fire Professionals | 12,116,181 |
9 Office of Cannabis Regulation | |
10 General Revenues | 1,440,464 |
11 Restricted Receipts | 5,021,772 |
12 Total - Office of Cannabis Regulation | 6,462,236 |
13 Grand Total - Business Regulation | 38,496,313 |
| |
16 General Revenues | 2,356,175 |
17 Housing and Community Development | |
18 General Revenues | 1,522,293 |
19 Federal Funds | |
20 Federal Funds | 16,124,699 |
21 Federal Funds - State Fiscal Recovery Fund | |
22 OHCD Predevelopment and Capacity Fund | 500,000 |
23 Development of Affordable Housing | 30,000,000 |
24 Homelessness Assistance Program | 7,000,000 |
25 Site Acquisition | 3,000,000 |
26 Down Payment Assistance | 10,000,000 |
27 Workforce Housing | 12,000,000 |
28 Affordable Housing Predevelopment Program | 2,500,000 |
29 Home Repair and Community Revitalization | 15,000,000 |
30 Statewide Housing Plan | 2,000,000 |
31 Homelessness Infrastructure | 15,000,000 |
32 Restricted Receipts | 7,664,150 |
33 Total - Housing and Community Development | 122,311,142 |
34 Quasi-Public Appropriations |
General Revenues
Rhode Island Commerce Corporation 7,947,778
Airport Impact Aid 1,010,036
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation
shall make an impact payment to the towns or cities in which the airport is located based on this
calculation. Each community upon which any part of the above airports is located shall receive at
12 | least $25,000. | |
13 STAC Research Alliance | 900,000 | |
14 Innovative Matching Grants/Internships | 1,000,000 | |
15 I-195 Redevelopment District Commission | 961,000 | |
16 Polaris Manufacturing Grant | 450,000 | |
17 East Providence Waterfront Commission | 50,000 | |
18 Urban Ventures | 140,000 | |
19 Chafee Center at Bryant | 476,200 | |
20 Municipal Infrastructure Grant Program | 2,500,000 | |
21 OSCAR Program – Infrastructure Bank | 4,000,000 | |
22 Federal Funds - State Fiscal Recovery Fund | ||
23 Port of Davisville | 6,000,000 | |
24 Other Funds | ||
25 Rhode Island Capital Plan Funds | ||
26 I-195 Redevelopment District Commission | 805,000 | |
27 Total - Quasi-Public Appropriations | 26,240,014 | |
28 Economic Development Initiatives Fund | ||
29 General Revenues | ||
30 Innovation Initiative | 1,000,000 | |
31 Rebuild RI Tax Credit Fund | 13,500,000 | |
32 Small Business Promotion | 300,000 | |
33 Small Business Assistance | 650,000 | |
34 Federal Funds |
1 Federal Funds | 20,000,000 |
2 Federal Funds - State Fiscal Recovery Fund | |
3 Destination Marketing | 1,500,000 |
4 Total - Economic Development Initiatives Fund | 36,950,000 |
5 Commerce Programs | |
6 General Revenues | |
7 Wavemaker Fellowship | 3,200,000 |
8 Air Service Development Fund | 2,250,000 |
9 Main Streets Revitalization | 5,000,000 |
10 Federal Funds - State Fiscal Recovery Fund | |
11 Minority Business Accelerator | 2,000,000 |
12 Blue Economy Investments | 10,000,000 |
13 Bioscience Investments | 5,000,000 |
14 South Quay Marine Terminal | 12,000,000 |
15 Federal Funds - Capital Projects Fund | |
16 Broadband | 15,383,000 |
17 Total - Commerce Programs | 54,833,000 |
18 Grand Total - Executive Office of Commerce | 242,690,331 |
| |
21 General Revenues | 1,065,747 |
22 Restricted Receipts | 379,215 |
23 Total - Central Management | 1,444,962 |
24 Workforce Development Services | |
25 General Revenues | 1,103,105 |
26 Federal Funds | 19,464,609 |
27 Other Funds | 8,026 |
28 Total - Workforce Development Services | 20,575,740 |
29 Workforce Regulation and Safety | |
30 General Revenues | 4,240,619 |
31 Income Support | |
32 General Revenues | 3,949,058 |
33 Federal Funds | |
34 Federal Funds | 57,711,996 |
Federal Funds - State Fiscal Recovery Fund
Unemployment Insurance Trust Fund Contribution 100,000,000
Restricted Receipts 2,076,599
Other Funds
Temporary Disability Insurance Fund 215,049,696
Employment Security Fund 177,075,000
Total - Income Support 555,862,349
Injured Workers Services
Restricted Receipts 11,403,127
Labor Relations Board
General Revenues 452,822
Governor’s Workforce Board
General Revenues 12,031,000
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
pursuant to Rhode Island General Laws, Section 23-17.5-36.
Federal Funds - State Fiscal Recovery Fund
Enhanced Real Jobs 10,000,000
Restricted Receipts 18,443,377
Total - Governor’s Workforce Board 40,474,377
Grand Total - Labor and Training 634,453,996
Department of Revenue
Director of Revenue
General Revenues 2,257,475
Office of Revenue Analysis
General Revenues 970,638
Lottery Division
29 Other Funds 435,992,155
Rhode Island Capital Plan Funds
Lottery Building Enhancements 850,000
Total - Lottery Division 436,842,155
Municipal Finance
General Revenues 1,738,044
1 Federal Funds | 131,957,594 |
2 Total - Municipal Finance | 133,695,638 |
3 Taxation | |
4 General Revenues | 34,793,050 |
5 Restricted Receipts | 2,156,890 |
6 Other Funds | |
7 Motor Fuel Tax Evasion | 155,000 |
8 Total - Taxation | 37,104,940 |
9 Registry of Motor Vehicles | |
10 General Revenues | 39,062,598 |
Provided that all unexpended or unencumbered balances as of June 30, 2023 relating to
license plate reissuance are hereby reappropriated to the following fiscal year.
Federal Funds 220,000
Restricted Receipts 3,494,403
| 42,777,001 12,384,458 |
19 Payment in Lieu of Tax Exempt Properties | 48,433,591 |
20 Motor Vehicle Excise Tax Payments | 230,508,157 |
21 Property Revaluation Program | 414,947 |
22 Restricted Receipts | 995,120 |
23 Total - State Aid | 292,736,273 |
| 887,668 |
26 Grand Total - Revenue | 947,271,788 |
| 48,542,952 |
29 Restricted Receipts | 1,919,241 |
30 Grand Total - Legislature | 50,462,193 |
| 1,353,568 |
|
1 General Revenues | 4,049,383 | |
2 Corporations | ||
3 General Revenues | 2,687,784 | |
4 State Archives | ||
5 General Revenues | 178,651 | |
6 Restricted Receipts | 520,197 | |
7 Total - State Archives | 698,848 | |
8 Elections and Civics | ||
9 General Revenues | 3,439,462 | |
10 Federal Funds | 1,621,565 | |
11 Total - Elections and Civics | 5,061,027 | |
12 State Library | ||
13 General Revenues | 825,475 | |
14 Provided that $125,000 be | allocated to support the Rhode Island Historical Society | |
15 pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the | ||
16 Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2. | ||
17 Office of Public Information | ||
18 General Revenues | 686,260 | |
19 Receipted Receipts | 25,000 | |
20 Total - Office of Public Information | 711,260 | |
21 Grand Total - Secretary of State | 14,033,777 | |
22 General Treasurer | ||
23 Treasury | ||
24 General Revenues | 2,709,016 | |
25 Federal Funds | 350,752 | |
26 Other Funds | ||
27 Temporary Disability Insurance Fund | 289,491 | |
28 Tuition Savings Program - Administration | 404,401 | |
29 Total -Treasury | 3,753,660 | |
30 State Retirement System | ||
31 Restricted Receipts | ||
32 Admin Expenses - State Retirement System | 12,382,831 | |
33 Retirement - Treasury Investment Operations | 2,000,963 | |
34 Defined Contribution - Administration | 314,124 |
1 Total - State Retirement System | 14,697,918 |
2 Unclaimed Property | |
3 Restricted Receipts | 2,570,182 |
4 Crime Victim Compensation Program | |
5 General Revenues | 849,616 |
6 Federal Funds | 422,493 |
7 Restricted Receipts | 555,000 |
8 Total - Crime Victim Compensation Program | 1,827,109 |
9 Grand Total - General Treasurer | 22,848,869 |
10 Board of Elections | |
11 General Revenues | 6,249,463 |
12 Rhode Island Ethics Commission | |
13 General Revenues | 2,035,145 |
| |
16 General Revenues | 7,002,280 |
17 Contingency Fund | 150,000 |
18 Grand Total - Office of Governor | 7,152,280 |
| 1,744,334 |
21 Federal Funds | 408,411 |
22 Grand Total - Commission for Human Rights | 2,152,745 |
23 Public Utilities Commission | |
24 Federal Funds | 582,689 |
25 Restricted Receipts | 12,987,076 |
26 Grand Total - Public Utilities Commission | 13,569,765 |
27 Office of Health and Human Services | |
28 Central Management | |
29 General Revenues | 49,502,266 |
Provided that $250,000 shall be for the children’s cabinet, established under Rhode Island
General Law, Chapter 42-72.5, to assist with the planning for an early childhood governance
structure of and for the transition of established early childhood programs to such an office.
Federal Funds
Federal Funds 167,520,158
Federal Funds - State Fiscal Recovery Fund
Butler Hospital Short Term Stay Unit 8,000,000
Pediatric Recovery 7,500,000
Early Intervention Recovery 5,500,000
Certified Community Behavioral Health Clinics 30,000,000
Restricted Receipts 56,342,012
Total - Central Management 324,364,436
Medical Assistance
General Revenues
Managed Care 407,937,888
11 Hospitals 86,155,276
Of the general revenue funding, $2.5 million shall be provided for Graduate Medical
Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,
$1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million
for the new residential training program at Landmark Hospital.
Nursing Facilities 137,967,876
Home and Community Based Services 61,269,551
Other Services 145,656,911
19 Pharmacy 87,283,555
Rhody Health 221,107,421
Federal Funds
Managed Care 552,907,484
23 Hospitals 128,123,193
Nursing Facilities 173,656,008
Home and Community Based Services 76,979,162
Other Services 863,680,790
Pharmacy 116,445
Rhody Health 275,845,422
Other Programs 44,798,580
Restricted Receipts 24,750,000
Total - Medical Assistance 3,288,235,562
Grand Total - Office of Health and Human Services 3,612,599,998
Children, Youth and Families
Central Management
General Revenues 14,033,990
The director of the department of children, youth and families shall provide to the speaker
of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,
a report on its progress implementing the accreditation plan filed in accordance with Rhode Island
General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The
report shall, at minimum, provide data regarding recruitment and retention efforts including
attaining and maintaining a diverse workforce, documentation of newly filled and vacated
positions, and progress towards reducing worker caseloads.
Federal Funds
Federal Funds 5,222,426
Federal Funds - State Fiscal Recovery Fund
Foster Home Lead Abatement & Fire Safety 1,500,000
Provider Workforce Stabilization 2,500,000
Other Funds
Rhode Island Capital Plan Funds
DCYF Headquarters 250,000
DCYF Transitional Housing 500,000
Total - Central Management 24,006,416
Children's Behavioral Health Services
General Revenues 8,684,693
Federal Funds
Federal Funds 9,445,069
Federal Funds - State Fiscal Recovery Fund
Psychiatric Residential Treatment Facility 12,000,000
Total - Children's Behavioral Health Services 30,129,762
Juvenile Correctional Services
General Revenues 22,098,188
Federal Funds 416,972
Restricted Receipts 317,386
Other Funds
Rhode Island Capital Plan Funds
Training School Asset Protection 250,000
Total - Juvenile Correctional Services 23,082,546
Child Welfare
General Revenues 161,584,128
Federal Funds 74,035,823
Restricted Receipts 1,467,772
Total - Child Welfare 237,087,723
Higher Education Incentive Grants
General Revenues 200,000
Grand Total - Children, Youth and Families 314,506,447
Health
Central Management
General Revenues 2,965,099
Federal Funds 4,322,005
Restricted Receipts 26,202,867
Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
in this line item that are derived from grants authorized under The Coronavirus Preparedness and
Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the
Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021
(P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management
and Budget. No obligation or expenditure of these funds shall take place without such approval.
Total - Central Management 33,489,971
Community Health and Equity
General Revenues 1,588,431
Federal Funds
Federal Funds 81,169,548
Federal Funds – State Fiscal Recovery Fund
Public Health Clinics 4,000,000
Restricted Receipts 41,511,977
Total - Community Health and Equity 128,269,956
Environmental Health
General Revenues 6,088,320
Federal Funds 8,549,060
Restricted Receipts 967,543
Total - Environmental Health 15,604,923
1 Health Laboratories and Medical Examiner | |
2 General Revenues | 10,980,589 |
3 Federal Funds | 2,756,028 |
4 Other Funds | |
5 Rhode Island Capital Plan Funds | |
6 Health Laboratories & Medical Examiner Equipment | 400,000 |
7 Total - Health Laboratories and Medical Examiner | 14,136,617 |
8 Customer Services | |
9 General Revenues | 8,198,687 |
10 Federal Funds | 6,369,584 |
11 Restricted Receipts | 4,024,890 |
12 Total - Customer Services | 18,593,161 |
13 Policy, Information and Communications | |
14 General Revenues | 958,580 |
15 Federal Funds | 2,876,367 |
16 Restricted Receipts | 1,266,247 |
17 Total - Policy, Information and Communications | 5,101,194 |
18 Preparedness, Response, Infectious Disease & Emergency Services | |
19 General Revenues | 2,092,672 |
20 Federal Funds | 24,921,020 |
21 Total - Preparedness, Response, Infectious Disease & Emergency Services | 27,013,692 |
22 COVID-19 | |
23 Federal Funds | 131,144,016 |
24 Grand Total - Health | 373,353,530 |
| |
27 General Revenues | 7,586,208 |
Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide
direct services through the Coalition Against Domestic Violence, $350,000 to support Project
Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and
supportive services through Day One, $450,000 is for food collection and distribution through the
Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study
and Practice of Nonviolence’s Reduction Strategy, $50,000 is to support services provided to the
immigrant and refugee population through Higher Ground International, and $50,000 is for services
provided to refugees through the Refugee Dream Center. An additional $750,000 is for enhanced
support to the RI Alliance of Boys and Girls Clubs to assist students with academic, mental health,
and workforce readiness needs, and $1,400,000 is for the Community Action Fund for support to
individuals and families affected by the pandemic.
The director of the department of human services shall provide to the speaker of the house,
president of the senate, and chairs of the house and senate finance committees at least every sixty
(60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer
serving staff. The report shall include: documentation of newly filled and vacated positions,
including lateral transfers, position titles, civil service information, including numbers of eligible
and available candidates, plans for future testing and numbers of eligible and available candidates
resulting from such testing, impacts on caseload backlogs and call center wait times, as well as
13 other pertinent information as determined by the director. | |
14 Federal Funds | 5,425,851 |
15 Restricted Receipts | 300,000 |
16 Total - Central Management | 13,312,059 |
17 Child Support Enforcement | |
18 General Revenues | 3,678,142 |
19 Federal Funds | 8,773,784 |
20 Restricted Receipts | 3,575,448 |
21 Total - Child Support Enforcement | 16,027,374 |
22 Individual and Family Support | |
23 General Revenues | 46,264,236 |
24 Federal Funds | |
25 Federal Funds | 123,929,840 |
26 Federal Funds - State Fiscal Recovery Fund | |
27 Child Care Support | 21,283,000 |
28 Restricted Receipts | 250,255 |
29 Other Funds | |
30 Rhode Island Capital Plan Funds | |
31 Blind Vending Facilities | 165,000 |
32 Total - Individual and Family Support | 191,892,331 |
33 Office of Veterans Services | |
34 General Revenues | 32,402,204 |
1 Of this amount, $200,000 is to provide support services through Veterans’ organizations.
2 Federal Funds | 12,647,664 |
3 Restricted Receipts | 759,968 |
4 Other Funds | |
5 Rhode Island Capital Plan Funds | |
6 Veterans Home Asset Protection | 400,000 |
7 Veterans Memorial Cemetery Asset Protection | 200,000 |
8 Total - Office of Veterans Services | 46,409,836 |
9 Health Care Eligibility | |
10 General Revenues | 9,969,089 |
11 Federal Funds | 16,052,510 |
12 Total - Health Care Eligibility | 26,021,599 |
13 Supplemental Security Income Program | |
14 General Revenues | 17,886,000 |
15 Rhode Island Works | |
16 General Revenues | 8,681,937 |
17 Federal Funds | 94,526,638 |
18 Total - Rhode Island Works | 103,208,575 |
19 Other Programs | |
20 General Revenues | |
21 General Revenues | 1,347,120 |
22 Of this appropriation, $90,000 shall be used for hardship contingency payments. | |
23 Retail SNAP Incentives Pilot Program | 11,500,000 |
24 Federal Funds | 435,426,342 |
25 Restricted Receipts | 8,000 |
26 Total - Other Programs | 448,281,462 |
27 Office of Healthy Aging | |
28 General Revenues | 12,781,431 |
Of this amount, $325,000 is to provide elder services, including respite, through the
Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term
Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for
housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and
$1,000,000 is for Senior Services Support and $580,000 is for elderly nutrition, of which $530,000
is for Meals on Wheels.
1 Federal Funds | 21,108,383 |
2 Restricted Receipts | 61,000 |
| 4,593,213 |
5 Total - Office of Healthy Aging | 38,544,027 |
6 Grand Total - Human Services | 901,583,263 |
| 4,900,015 |
10 Federal Funds | 609,732 |
11 Total - Central Management | 5,509,747 |
| 2,791,946 |
14 Federal Funds | 796,646 |
15 Restricted Receipts | 261,029 |
16 Total - Hospital and Community System Support | 3,849,621 |
| 173,368,833 |
Provided that of this general revenue funding, $15,170,870 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct
support staff and residential or other community-based setting must first receive the approval of
BHDDH.
Provided further that of this general revenue funding, $4,748,600 shall be expended on a
Transformation Fund to be used for integrated day activities and supported employment services
for individuals with intellectual and developmental disabilities, of which $2,000,000 shall be
expended specifically on those who self-direct for creation of regional service advisement models
and pool of substitute staff. An additional $458,100 shall be expended on technology acquisition
for individuals within the developmental disabilities system. An additional $42,100 shall be
expended on technical assistance for the aforementioned technology acquisition. An additional
$450,000 shall be expended on creating a statewide workforce initiative focused on recruiting,
creating pipelines, and credentialing. For these two designations of general revenue funding, all
unexpended or unencumbered balances at the end of the fiscal year shall be reappropriated to the
ensuing fiscal year and made immediately available for the same purpose.
Federal Funds 208,693,092
Provided that of this federal funding, $19,105,835 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct
support staff and residential or other community-based setting must first receive the approval of
BHDDH.
Provided further that of this federal funding, $4,748,600 shall be expended on a
Transformation Fund to be used for integrated day activities and supported employment services
for individuals with intellectual and developmental disabilities, of which $2,000,000 shall be
expended specifically on those who self-direct for creation of regional service advisement models
and pool of substitute staff. An additional $458,100 shall be expended on technology acquisition
for individuals within the developmental disabilities system. An additional $42,100 shall be
expended on technical assistance for the aforementioned technology acquisition. An additional
$450,000 shall be expended on creating a statewide workforce initiative focused on recruiting,
creating pipelines, and credentialing. For these two designations of federal funding, all unexpended
or unencumbered balances at the end of the fiscal year shall be reappropriated to the ensuing fiscal
year and made immediately available for the same purpose.
Restricted Receipts 1,275,700
Other Funds
Rhode Island Capital Plan Funds
DD Residential Support 100,000
Total - Services for the Developmentally Disabled 383,437,625
Behavioral Healthcare Services
General Revenues 2,969,495
Federal Funds 45,702,498
Provided that $250,000 from Social Services Block Grant funds is awarded to The
Providence Center to coordinate with Oasis Wellness and Recovery for its support and services
program offered to individuals with behavioral health issues.
Federal Funds - State Fiscal Recovery Fund
Crisis Intervention Trainings 550,000
33 9-8-8 Hotline 1,875,000
34 Restricted Receipts 3,640,116
Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the
seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each
Task Force.
Total - Behavioral Healthcare Services 54,737,109
Hospital and Community Rehabilitative Services
General Revenues 88,307,069
Federal Funds 30,232,988
Restricted Receipts 25,000
Other Funds
Rhode Island Capital Plan Funds
Hospital Equipment 300,000
Total - Hospital and Community Rehabilitative Services 118,865,057
State of RI Psychiatric Hospital
General Revenue 30,662,874
Grand Total - Behavioral Healthcare,
Developmental Disabilities and Hospitals 597,062,033
Office of the Child Advocate
General Revenues 1,494,065
The Department of Administration shall hold a public hearing, in accordance with Rhode
Island General Law, Sections 36-4-16 and 36-4-16.2, by September 1, 2022 to consider revisions
to the Office’s unclassified service classification and pay plan consistent with the additional
appropriation provided.
Commission on the Deaf and Hard of Hearing
General Revenues 716,876
Restricted Receipts 100,000
Grand Total - Comm. On Deaf and Hard-of-Hearing 816,876
Governor’s Commission on Disabilities
General Revenues
General Revenues 766,858
Livable Home Modification Grant Program 985,743
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the Executive Office of Health and Human Services. All
unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the
| 378,658 |
3 Restricted Receipts | 84,235 |
4 Grand Total - Governor’s Commission on Disabilities | 2,215,494 |
| 973,329 |
| 26,401,820 |
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
support child opportunity zones through agreements with the Department of Elementary and
Secondary Education to strengthen education, health and social services for students and their
families as a strategy to accelerate student achievement.
Federal Funds
Federal Funds 291,417,789
Provided that $684,000 from the Department’s administrative share of Individuals with
Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
support the Rhode Island Vision Education and Services Program.
20 Federal Funds - State Fiscal Recovery Fund | |
21 Adult Education Investment | 2,000,000 |
22 Restricted Receipts | |
23 Restricted Receipts | 2,271,670 |
24 HRIC Adult Education Grants | 3,500,000 |
25 Total - Admin. of the Comprehensive Ed. Strategy | 325,591,279 |
26 Davies Career and Technical School | |
27 General Revenues | 14,772,019 |
28 Federal Funds | 1,872,920 |
29 Restricted Receipts | 4,525,049 |
30 Other Funds | |
31 Rhode Island Capital Plan Funds | |
32 Davies School HVAC | 1,150,000 |
33 Davies School Asset Protection | 500,000 |
34 Davies School Healthcare Classroom Renovations | 6,500,000 |
1 Total - Davies Career and Technical School | 29,319,988 |
2 RI School for the Deaf | |
3 General Revenues | 7,940,337 |
4 Federal Funds | 420,053 |
5 Restricted Receipts | 605,166 |
6 Other Funds | |
7 School for the Deaf Transformation Grants | 59,000 |
8 Rhode Island Capital Plan Funds | |
9 School for the Deaf Asset Protection | 100,000 |
10 Total - RI School for the Deaf | 9,124,556 |
11 Metropolitan Career and Technical School | |
12 General Revenues | 9,790,163 |
13 Federal Funds | 4,125,711 |
14 Other Funds | |
15 Rhode Island Capital Plan Funds | |
16 MET School Asset Protection | 800,000 |
17 Total - Metropolitan Career and Technical School | 14,715,874 |
Education Aid
General Revenues 1,062,739,374
Provided that the criteria for the allocation of early childhood funds shall prioritize
prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
23 with higher concentrations of low performing schools. | |
24 Federal Funds | 200,042,202 |
25 Restricted Receipts | 36,719,278 |
26 Other Funds | |
27 Permanent School Fund | 300,000 |
28 Total - Education Aid | 1,299,800,854 |
29 Central Falls School District | |
30 General Revenues | 48,961,338 |
31 Federal Funds | 20,845,329 |
32 Total - Central Falls School District | 69,806,667 |
33 School Construction Aid | |
34 General Revenues |
General Revenues
School Housing Aid 88,536,507
School Building Authority Capital Fund 50,000,000
Total - School Construction Aid 138,536,507
Teachers' Retirement
General Revenues 130,855,471
Grand Total - Elementary and Secondary Education 2,017,751,196
Public Higher Education
Office of Postsecondary Commissioner
General Revenues 18,597,940
Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode
Island to support its programs for children with developmental and intellectual disabilities, and
$200,000 shall be allocated to the Rhode Island School for Progressive Education to support access
to higher education opportunities for teachers of color. It is also provided that $7,900,543 shall be
allocated to the Rhode Island Promise Scholarship program and $147,000 shall be used to support
Rhode Island’s membership in the New England Board of Higher Education.
Federal Funds
Federal Funds 3,604,422
Guaranty Agency Administration 400,000
Guaranty Agency Operating Fund - Scholarships & Grants 4,000,000
Restricted Receipts 4,045,406
Other Funds
Tuition Savings Program - Dual Enrollment 2,300,000
Tuition Savings Program - Scholarships and Grants 5,595,000
Nursing Education Center - Operating 2,891,398
Rhode Island Capital Plan Funds
Higher Education Centers 2,932,500
Provided that the state fund no more than 50.0 percent of the total project cost.
Total - Office of Postsecondary Commissioner 44,366,666
University of Rhode Island
General Revenues
General Revenues 91,170,252
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the Small Business Development Center and that $50,000 shall be
allocated to Special Olympics Rhode Island to support its mission of providing athletic
opportunities for individuals with intellectual and developmental disabilities.
Debt Service 29,049,378
RI State Forensics Laboratory 1,516,015
Other Funds
University and College Funds 707,626,466
Debt - Dining Services 999,983
Debt - Education and General 5,402,219
Debt - Health Services 991,794
Debt - Housing Loan Funds 12,965,597
Debt - Memorial Union 2,053,787
Debt - Ryan Center 2,375,073
Debt - Parking Authority 1,294,923
URI Restricted Debt Service - Energy Conservation 546,271
URI Debt Service - Energy Conservation 2,071,504
Rhode Island Capital Plan Funds
Asset Protection 11,350,000
Mechanical, Electric, and Plumbing Improvements 4,694,533
Fire Protection Academic Buildings 1,706,802
Bay Campus 6,000,000
Total - University of Rhode Island 881,814,597
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2023 relating to the University of Rhode Island are hereby
reappropriated to fiscal year 2024.
Rhode Island College
General Revenues
General Revenues 62,341,287
Debt Service 6,002,565
Other Funds
University and College Funds 108,584,424
Debt - Education and General 879,474
Debt - Housing 371,105
Debt - Student Center and Dining 155,000
1 Debt - Student Union | 208,800 |
2 Debt - G.O. Debt Service | 1,640,931 |
3 Debt - Energy Conservation | 699,575 |
4 Rhode Island Capital Plan Funds | |
5 Asset Protection | 9,618,000 |
6 Infrastructure Modernization | 4,900,000 |
7 Total - Rhode Island College | 195,401,161 |
8 Notwithstanding the provisions of section 35-3-15 of the general laws, all | unexpended or |
| to | Rhode | Island | College are hereby |
11 Community College of Rhode Island | ||||
12 General Revenues | ||||
13 General Revenues | 55,693,282 | |||
14 Debt Service | 1,405,299 | |||
15 Federal Funds | 1,818,835 | |||
16 Restricted Receipts | 804,787 | |||
17 Other Funds | ||||
18 University and College Funds | 121,625,011 | |||
19 Rhode Island Capital Plan Funds | ||||
20 Asset Protection | 3,246,000 | |||
21 Knight Campus Renewal | 2,896,182 | |||
22 Data, Cabling, and Power Infrastructure | 1,803,000 | |||
23 Flanagan Campus Renovations | 1,982,000 | |||
24 CCRI Renovation and Modernization Phase I | 5,000,000 | |||
25 Total - Community College of RI | 196,274,396 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2023 relating to the Community College of Rhode Island
are hereby reappropriated to fiscal year 2024.
29 Grand Total - Public Higher Education | 1,317,856,820 |
| |
32 Operating Support | 1,033,276 |
33 Grants | 1,165,000 |
34 Provided that $375,000 be provided | to support the operational costs of WaterFire |
1 Providence art installations. | |
2 Federal Funds | 1,331,719 |
3 Restricted Receipts | 50,000 |
4 Other Funds | |
5 Art for Public Facilities | 585,000 |
6 Grand Total - RI State Council on the Arts | 4,164,995 |
7 RI Atomic Energy Commission | |
8 General Revenues | 1,146,763 |
9 Restricted Receipts | 25,036 |
10 Other Funds | |
11 URI Sponsored Research | 314,597 |
12 Rhode Island Capital Plan Funds | |
13 Asset Protection | 50,000 |
14 Grand Total - RI Atomic Energy Commission | 1,536,396 |
15 RI Historical Preservation and Heritage Commission | |
16 General Revenues | 1,572,452 |
17 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration | |
18 activities. | |
19 Federal Funds | 1,359,283 |
20 Restricted Receipts | 424,100 |
21 Other Funds | |
22 RIDOT Project Review | 156,901 |
23 Grand Total - RI Historical Preservation and Heritage Comm. | 3,512,736 |
24 Attorney General | |
25 Criminal | |
26 General Revenues | 20,115,052 |
27 Federal Funds | 2,884,123 |
28 Restricted Receipts | 603,772 |
29 Total - Criminal | 23,602,947 |
30 Civil | |
31 General Revenues | 6,778,199 |
32 Restricted Receipts | 1,431,698 |
33 Total - Civil | 8,209,897 |
34 Bureau of Criminal Identification |
1 General Revenues | 2,042,239 |
2 Restricted Receipts | 1,187,466 |
3 Total - Bureau of Criminal Identification | 3,229,705 |
| 4,570,478 |
| 1,890,000 |
9 Total - General | 6,460,478 |
10 Grand Total - Attorney General | 41,503,027 |
| 20,060,213 |
| 1,438,337 |
| 141,448,395 |
18 Federal Funds | 1,149,582 |
19 Total - Custody and Security | 142,597,977 |
| 23,108,898 |
| 5,125,000 |
25 Correctional Facilities - Renovations | 250,000 |
26 Total - Institutional Support | 28,483,898 |
| 11,773,097 |
| Crossroads Rhode Island for sex offender |
The director of the department of corrections shall provide to the speaker of the house and
president of the senate at least every ninety (90) days beginning September 1, 2022, a report on
efforts to modernize the correctional industries program. The report shall, at minimum, provide
data on the past ninety (90) days regarding program participation, changes made in programming
to more closely align with industry needs, new or terminated partnerships with employers,
nonprofits, and advocacy groups, current program expenses and revenues, and the employment
status of all persons on the day of discharge from department care who participated in the
correctional industries program.
Federal Funds 625,118
Restricted Receipts 64,600
7 Total - Institutional Based Rehab/Population Mgt. | 12,462,815 |
| 28,149,588 |
10 Restricted Receipts | 2,868,614 |
11 Total - Healthcare Services | 31,018,202 |
| 19,872,087 |
14 Federal Funds | 369,417 |
15 Restricted Receipts | 11,107 |
16 Total - Community Corrections | 20,252,611 |
17 Grand Total - Corrections | 256,314,053 |
| 32,346,588 |
Provided however, that no more than $1,302,057 in combined total shall be offset to the
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
Department of Children, Youth and Families, and the Department of Public Safety for square-
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
29 Defense of Indigents | 5,075,432 |
30 Federal Funds | 338,402 |
31 Restricted Receipts | 4,051,045 |
32 Other Funds | |
33 Rhode Island Capital Plan Funds | |
34 Garrahy Courtroom Restoration | 750,000 |
1 Judicial Complexes - HVAC | 1,000,000 |
2 Judicial Complexes Asset Protection | 1,500,000 |
3 Judicial Complexes Fan Coil Unit Replacements | 750,000 |
4 Licht Judicial Complex Restoration | 750,000 |
5 McGrath Judicial Complex | 225,000 |
6 Total - Supreme Court | 46,786,467 |
169,767 | |
26,708,059 | |
11 Federal Funds | 236,617 |
12 Restricted Receipts | 665,000 |
13 Total - Superior Court | 27,609,676 |
25,436,666 | |
16 Federal Funds | 3,984,190 |
17 Total - Family Court | 29,420,856 |
16,059,965 | |
20 Federal Funds | 586,167 |
21 Restricted Receipts | 60,000 |
22 Total - District Court | 16,706,132 |
10,728,771 | |
10,020,945 | |
27 Grand Total - Judiciary | 141,442,614 |
3,365,511 | |
30 Federal Funds | 34,311,530 |
55,000 | |
Judicial Tenure and Discipline
General Revenues
Superior Court
General Revenues
Family Court
General Revenues
District Court
General Revenues
Traffic Tribunal
General Revenues
Workers' Compensation Court
Restricted Receipts
Military Staff
General Revenues
Restricted Receipts
RI Military Family Relief Fund
Other Funds
Rhode Island Capital Plan Funds
Aviation Readiness Center 138,272
AMC Roof 366,500
Asset Protection 1,290,000
Quonset Airport Runway Reconstruction 275,000
Sun Valley Armory 788,161
Grand Total - Military Staff 40,589,974
Public Safety
Central Management
General Revenues 16,437,445
Provided that $15,000,000 shall be allocated as the state contribution for the Statewide
Body-worn Camera Program, subject to all program and reporting rules, regulations, policies, and
guidelines prescribed in the Rhode Island General Laws. No money appropriated shall be
distributed for Rhode Island police department body-worn camera expenses prior to the
promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the
general laws, all unexpended or unencumbered balances as of June 30, 2023, from this
appropriation are hereby reappropriated to fiscal year 2024.
Federal Funds 10,840,576
Federal Funds - State Fiscal Recovery Fund
Support for Survivors of Domestic Violence 3,500,000
Restricted Receipts 186,121
Total - Central Management 30,964,142
E-911 Emergency Telephone System
Restricted Receipts 8,468,710
Security Services
General Revenues 29,858,676
Municipal Police Training Academy
General Revenues 281,456
Federal Funds 608,963
Total - Municipal Police Training Academy 890,419
State Police
General Revenues 89,727,365
Federal Funds 6,413,954
Restricted Receipts 935,739
Other Funds
1 Airport Corporation Assistance | 168,211 |
2 Road Construction Reimbursement | 2,871,108 |
3 Weight and Measurement Reimbursement | 437,860 |
4 Rhode Island Capital Plan Funds | |
5 DPS Asset Protection | 1,000,000 |
6 Portsmouth Barracks | 1,650,000 |
7 Southern Barracks | 13,000,000 |
8 Training Academy Upgrades | 1,386,380 |
9 Statewide Communications System Network | 230,929 |
10 Total - State Police | 117,821,546 |
11 Grand Total - Public Safety | 188,003,493 |
12 Office of Public Defender | |
13 General Revenues | 14,708,807 |
14 Federal Funds | 65,665 |
15 Grand Total - Office of Public Defender | 14,774,472 |
16 Emergency Management Agency | |
17 General Revenues | 4,308,154 |
18 Federal Funds | 29,462,797 |
19 Restricted Receipts | 457,420 |
20 Other Funds | |
21 Rhode Island Capital Plan Funds | |
22 RI Statewide Communications Network | 1,494,400 |
23 State Emergency Ops Center | 524,657 |
24 RI Statewide Communications Infrastructure | 1,134,400 |
25 Grand Total - Emergency Management Agency | 37,381,828 |
26 Environmental Management | |
27 Office of the Director | |
28 General Revenues | 8,857,872 |
29 Of this general revenue amount, $50,000 is appropriated to the Conservation Districts. | |
30 Federal Funds | 65,100 |
31 Restricted Receipts | 4,126,794 |
32 Total - Office of the Director | 13,049,766 |
33 Natural Resources | |
34 General Revenues | 29,057,514 |
1 Federal Funds | 23,181,039 |
2 Restricted Receipts | 5,699,215 |
762,000 | |
5 Blackstone Bike Path Design | 1,000,000 |
244,191 | |
8 Dam Repair | 824,238 |
9 Fort Adams Rehabilitation | 300,000 |
10 Port of Galilee | 9,348,461 |
11 Recreation Facility Asset Protection | 500,000 |
12 Recreational Facilities Improvement | 3,400,000 |
13 Natural Resources Office and Visitor's Center | 250,000 |
14 Fish & Wildlife Maintenance Facilities | 100,000 |
15 Total - Natural Resources | 74,666,658 |
15,081,859 | |
18 Federal Funds | 11,503,721 |
19 Restricted Receipts | 7,569,654 |
30,986 | |
22 Total - Environmental Protection | 34,186,220 |
23 Grand Total - Environmental Protection | 121,902,644 |
3,327,275 | |
26 Federal Funds | 1,980,304 |
250,000 1,900,000 | |
31 Pawcatuck Resiliency | 50,000 |
32 Little Narragansett Bay | 50,000 |
33 Grand Total - Coastal Resources Mgmt. Council | 7,557,579 |
34 Transportation |
Other Funds
DOT Recreational Projects
Rhode Island Capital Plan Funds
Blackstone Park Improvements
Environmental Protection
General Revenues
Other Funds
Transportation MOU
Coastal Resources Management Council
General Revenues
Restricted Receipts
Other Funds
Rhode Island Capital Plan Funds
South Coast Restoration Project
1 Central Management | |
2 Federal Funds | 16,577,046 |
3 Other Funds | |
4 Gasoline Tax | 9,118,769 |
5 Total - Central Management | 25,695,815 |
6 Management and Budget | |
7 Other Funds | |
8 Gasoline Tax | 3,761,946 |
9 Infrastructure Engineering | |
10 Federal Funds | |
11 Federal Funds | 415,019,330 |
12 Federal Funds – State Fiscal Recovery Fund | |
13 RI Turnpike and Bridge Authority – Safety Barriers Study | 1,000,000 |
14 RI Public Transit Authority – R-Line Free Service Pilot | 2,500,000 |
15 Restricted Receipts | 5,949,070 |
16 Other Funds | |
17 Gasoline Tax | 74,421,610 |
18 Provided that the Rhode Island Public Transit Authority uses a portion of its gasoline tax | |
19 allocation to fund a statewide transit access study for passengers with disabilities. | |
20 Toll Revenue | 33,614,329 |
21 Land Sale Revenue | 9,260,141 |
22 Rhode Island Capital Plan Funds | |
23 Highway Improvement Program | 55,465,000 |
24 Bike Path Asset Protection | 400,000 |
25 RIPTA - Land and Buildings | 12,889,628 |
26 RIPTA - URI Mobility Hub | 250,000 |
27 RIPTA – Pawtucket/Central Falls Bus Hub Passenger Facility | 4,000,000 |
28 RIPTA - Providence High-Capacity Transit Corridor Study | 225,000 |
29 Total - Infrastructure Engineering | 614,994,108 |
30 Infrastructure Maintenance | |
31 Federal Funds | 21,456,198 |
32 Other Funds | |
33 Gasoline Tax | 23,708,688 |
34 Rhode Island Highway Maintenance Account | 102,647,711 |
Rhode Island Capital Plan Funds
Maintenance Capital Equipment Replacement 1,500,000
Maintenance Facilities Improvements 500,000
Welcome Center 200,000
Salt Storage Facilities 1,900,000
Train Station Asset Protection 350,000
Total - Infrastructure Maintenance 152,262,597
Grand Total - Transportation 796,714,466
Statewide Totals
General Revenues 5,040,570,488
11 Federal Funds 5,706,217,313
12 Restricted Receipts 453,536,893
13 Other Funds 2,398,392,497
Statewide Grand Total 13,598,717,191
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3. Upon the transfer of any function of a department or agency to another
department or agency, the Governor is hereby authorized by means of executive order to transfer
or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when
the duties or administrative functions of government are designated by law to be performed within
a particular department or agency, no transfer of duties or functions and no re-allocation, in whole
or part, or appropriations and full-time equivalent positions to any other department or agency shall
be authorized.
SECTION 4. From the appropriation for contingency shall be paid such sums as may be
required at the discretion of the Governor to fund expenditures for which appropriations may not
exist. Such contingency funds may also be used for expenditures in the several departments and
agencies where appropriations are insufficient, or where such requirements are due to unforeseen
conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
for the payment of bills incurred due to emergencies or to any offense against public peace and
property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
amended. All expenditures and transfers from this account shall be approved by the Governor.
SECTION 5. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner, promote efficient use of services by making agencies pay the full costs
associated with providing the services, and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
expenditure limitations:
Account Expenditure Limit
State Assessed Fringe Benefit Internal Service Fund 37,370,321
Administration Central Utilities Internal Service Fund 27,355,205
State Central Mail Internal Service Fund 7,303,550
State Telecommunications Internal Service Fund 3,513,931
State Automotive Fleet Internal Service Fund 12,869,107
Surplus Property Internal Service Fund 3,000
Health Insurance Internal Service Fund 272,697,174
Other Post-Employment Benefits Fund 63,858,483
Capitol Police Internal Service Fund 1,380,836
Corrections Central Distribution Center Internal Service Fund 7,524,912
Correctional Industries Internal Service Fund 8,472,206
Secretary of State Record Center Internal Service Fund 1,143,730
Human Resources Internal Service Fund 15,991,654
DCAMM Facilities Internal Service Fund 47,011,910
Information Technology Internal Service Fund 50,789,409
SECTION 6. Legislative Intent - The General Assembly may provide a written "statement
of legislative intent" signed by the chairperson of the House Finance Committee and by the
chairperson of the Senate Finance Committee to show the intended purpose of the appropriations
contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the
House Finance Committee and in the Senate Finance Committee.
At least twenty (20) days prior to the issuance of a grant or the release of funds, which
grant or funds are listed on the legislative letter of intent, all department, agency and corporation
directors, shall notify in writing the chairperson of the House Finance Committee and the
chairperson of the Senate Finance Committee of the approximate date when the funds are to be
released or granted.
SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds
required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund
and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2023.
SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated
pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed
for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2023.
SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of
paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2023.
SECTION 10. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated
to the Office of the General Treasurer designated funds received under the CollegeBoundSaver
program for transfer to the Division of Higher Education Assistance within the Office of the
Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,
15 2023.
SECTION 11. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the Governor or designee, Speaker of the House of
Representatives or designee, and the President of the Senate or designee may authorize an
adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
detailed written recommendation to the Governor, the Speaker of the House, and the President of
the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,
and the Senate Fiscal Advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2023 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 662.7
Provided that no more than 429.5 of the total authorization would be limited to positions
that support internal service fund programs.
3 Business Regulation | 181.0 |
4 Executive Office of Commerce | 20.0 |
5 Labor and Training | 461.7 |
6 Revenue | 575.5 |
7 Legislature | 298.5 |
8 Office of the Lieutenant Governor | 8.0 |
9 Office of the Secretary of State | 59.0 |
10 Office of the General Treasurer | 89.0 |
11 Board of Elections | 13.0 |
12 Rhode Island Ethics Commission | 12.0 |
13 Office of the Governor | 45.0 |
14 Commission for Human Rights | 15.0 |
15 Public Utilities Commission | 54.0 |
16 Office of Health and Human Services | 204.0 |
17 Children, Youth and Families | 702.5 |
18 Health | 535.4 |
19 Human Services | 773.0 |
20 Office of Veterans Services | 263.0 |
21 Office of Healthy Aging | 31.0 |
22 Behavioral Healthcare, Developmental Disabilities and Hospitals | 1,200.4 |
23 Office of the Child Advocate | 10.0 |
24 Commission on the Deaf and Hard of Hearing | 4.0 |
25 Governor’s Commission on Disabilities | 5.0 |
26 Office of the Mental Health Advocate | 6.0 |
27 Elementary and Secondary Education | 143.1 |
28 School for the Deaf | 60.0 |
29 Davies Career and Technical School | 123.0 |
30 Office of Postsecondary Commissioner | 34.0 |
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 11.0 would be available only for positions at the State’s Higher
Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for
positions at the Nursing Education Center.
University of Rhode Island 2,555.0
Provided that 357.8 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island College 949.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 849.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 9.6
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 15.6
Office of the Attorney General 249.1
Corrections 1,427.0
Judicial 739.3
Military Staff 93.0
Emergency Management Agency 35.0
Public Safety 632.2
Office of the Public Defender 100.0
Environmental Management 417.0
Coastal Resources Management Council 32.0
Transportation 755.0
23 Total 15,455.5
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
Director of Administration acting upon positive recommendations by the Budget Officer and the
Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the Director of Administration acting upon
the positive recommendations of the State Budget Officer and the Personnel Administrator and 30
days after a public hearing.
SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
Island Capital Plan funds for fiscal year 2023 and supersede appropriations provided for FY 2023
within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.
The following amounts are hereby appropriated out of any money in the State’s Rhode
Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
3 June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. These amounts supersede
appropriations provided within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.
For the purposes and functions hereinafter mentioned, the State Controller is hereby
authorized and directed to draw his or her orders upon the General Treasurer for the payment of
such sums and such portions thereof as may be required by him or her upon receipt of properly
8 | authenticated vouchers. | ||||
9 | FY Ending | FY Ending | FY Ending | FY Ending | |
10 | Project | 06/30/2024 | 06/30/2025 | 06/30/2026 | 06/30/2027 |
11 | DOA - 560 Jefferson Boulevard | 150,000 | 1,550,000 | 1,050,000 | 50,000 |
12 | DOA - Accessibility Facility Renovations | 1,000,000 | 1,000,000 | 1,000,000 | 1,000,000 |
13 | DOA - Arrigan Center | 125,000 | 75,000 | 200,000 | 200,000 |
14 | DOA - Cannon Building | 3,725,000 | 4,125,000 | 4,025,000 | 0 |
15 | DOA - Cranston Street Armory | 2,250,000 | 3,250,000 | 1,600,000 | 100,000 |
16 | DOA - DoIT Enterprise | ||||
17 | Operations Center | 2,050,000 | 1,150,000 | 1,050,000 | 300,000 |
18 | DOA - Dunkin Donuts Center | 6,212,500 | 2,100,000 | 2,300,000 | 2,300,000 |
19 | DOA - Pastore Building | ||||
20 | Demolition | 1,000,000 | 1,000,000 | 1,000,000 | 1,000,000 |
21 | DOA - Pastore Center | ||||
22 | Non-Hospital Buildings | 5,500,000 | 4,500,000 | 4,000,000 | 4,000,000 |
23 | DOA - Pastore Campus Infrastructure | 33,200,000 | 38,900,000 | 32,600,000 | 5,050,000 |
24 | DOA - RI Convention Center Authority | 10,237,500 | 3,340,000 | 2,500,000 | 2,500,000 |
25 | DOA - Shepard Building | 1,500,000 | 0 | 0 | 0 |
26 | DOA - State House Renovations | 3,079,000 | 16,629,000 | 15,379,000 | 15,379,000 |
27 | DOA - William Powers Building | 2,750,000 | 2,400,000 | 2,200,000 | 2,000,000 |
28 | DOA - Zambarano Buildings and Campus | 1,515,000 | 1,040,000 | 1,300,000 | 1,275,000 |
29 | DOA - Zambarano Long Term | ||||
30 | Acute Care Hospital | 6,569,677 | 26,185,740 | 26,067,041 | 23,804,439 |
31 | EOC - I-195 Commission | 805,000 | 0 | 0 | 0 |
32 | DCYF - Female Youth Facility | 15,000,000 | 15,000,000 | 15,000,000 | 0 |
33 | DOH - Health Laboratories and Medical | ||||
34 | Examiner Equipment | 400,000 | 400,000 | 400,000 | 400,000 |
1 DHS - Veterans Cemetery Asset Protection 750,000 | 250,000 | 300,000 | 250,000 |
2 ELSEC - MET School Asset Protection 2,000,000 | 2,000,000 | 250,000 | 250,000 |
3 URI - Asset Protection 11,494,395 | 12,006,225 | 12,606,536 | 13,236,863 |
4 URI - Mechanical, Electric, and Plumbing | |||
5 Improvements 13,205,467 | 0 | 0 | 0 |
6 URI - Bay Campus 6,000,000 | 0 | 12,500,000 | 12,500,000 |
7 URI - Fire Protection | |||
8 Academic Phase II 3,081,532 | 3,311,666 | 0 | 0 |
9 URI -– Fine Arts Center Renovations & | |||
10 Addition Phase I 0 | 8,000,000 | 8,000,000 | 0 |
11 RIC - Asset Protection 5,431,657 | 5,785,000 | 5,950,000 | 6,025,000 |
12 RIC - Infrastructure Modernization 5,275,000 | 5,675,000 | 5,675,000 | 5,675,000 |
13 RIC - Clarke Science 0 | 10,000,000 | 5,000,000 | 0 |
14 CCRI - Asset Protection 2,653,124 | 2,719,452 | 2,719,452 | 2,719,452 |
15 CCRI - Data, Cabling, and | |||
16 Power Infrastructure 3,300,000 | 3,700,000 | 4,650,000 | 0 |
17 CCRI - Flanagan Campus Renewal 2,000,000 | 6,000,000 | 2,500,000 | 0 |
18 CCRI - Knight Campus Renewal 1,390,000 | 0 | 0 | 0 |
19 CCRI - Renovation and Modernization 9,000,000 | 14,000,000 | 12,000,000 | 0 |
20 DOC - Asset Protection 4,100,000 | 4,100,000 | 4,100,000 | 4,100,000 |
21 Military Staff - Aviation Readiness 0 | 1,125,800 | 1,599,115 | 0 |
22 Military Staff - Quonset Airport | |||
23 Runway Reconstruction 1,663,612 | 926,505 | 0 | 0 |
24 EMA - RI Statewide | |||
25 Communications Network 1,494,400 | 1,494,400 | 0 | 0 |
26 DPS - Southern Barracks 13,000,000 | 0 | 0 | 0 |
27 DPS - Training Academy Upgrades 900,000 | 1,920,000 | 715,000 | 150,000 |
28 DPS - RISCON Microwave | |||
29 Replacement 230,929 | 230,929 | 230,929 | 0 |
30 DEM - Dam Repair 1,805,000 | 3,065,000 | 2,000,000 | 2,000,000 |
31 DEM - Port of Galilee 5,491,817 | 11,500,000 | 17,500,000 | 11,500,000 |
32 DEM - Natural Resources Offices | |||
33 and Visitor's Center 250,000 | 2,500,000 | 2,000,000 | 0 |
34 DEM - Recreational Facilities |
1 Improvements | 4,745,578 | 4,050,000 | 2,290,000 | 3,050,000 |
2 DOT - Highway Improvement | ||||
3 Program | 94,308,800 | 32,404,560 | 27,200,000 | 27,200,000 |
4 DOT - Salt Storage Facilities | ||||
5 Improvement | 1,000,000 | 1,150,000 | 1,150,000 | 1,150,000 |
6 DOT - Maintenance | ||||
7 Capital Equipment Replacement | 1,800,000 | 1,800,000 | 1,800,000 | 1,800,000 |
8 DOT - RIPTA | ||||
9 Land and Building Enhancements | 12,627,012 | 500,000 | 500,000 | 500,000 |
10 DOT - RIPTA - Pawtucket/Central Falls | ||||
11 Bus Hub Passenger Facility | 1,000,000 | 0 | 0 | 0 |
SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
purpose. However, any such reappropriations are subject to final approval by the General
Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five
hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
SECTION 14. For the Fiscal Year ending June 30, 2023, the Rhode Island Housing and
Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support
of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the
amount of funding provided to this program, as well as information on the number of units of
housing provided as a result to the Director of Administration, the Chair of the Housing Resources
Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance
Committee and the State Budget Officer.
SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of
Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year
ending June 30, 2023, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of
the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax
revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode
Island General Laws), for the purposes of paying debt service on bonds, funding debt service
reserves, paying costs of infrastructure improvements in and around the ballpark district, arts
district, and the growth center district, funding future debt service on bonds, and funding a
redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island
General Laws.
SECTION 16. The appropriations from federal funds contained in Section 1 shall not be
construed to mean any federal funds or assistance appropriated, authorized, allocated or
apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects
Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2023
except for those instances specifically designated.
The following amounts are hereby appropriated out of any money available in the State
Fiscal Recovery Fund and Capital Projects Fund for the fiscal years ending June 30, 2024, June 30,
8 2025, June 30, 2026, and June 30, 2027.
9 For the purposes and functions hereinafter mentioned, the State Controller is hereby
authorized and directed to draw his or her orders upon the General Treasurer for payment of such
sums and such portions thereof as may be required by him or her upon receipt of properly
authenticated vouchers.
FY Ending FY Ending FY Ending FY Ending
14 | 06/30/2024 | 06/30/2025 | 06/30/2026 | 06/30/2027 |
15 State Fiscal Recovery Fund - Federal Funds | ||||
16 Project | ||||
17 DOA - Administration 1,621,728 | 1,621,728 | 1,621,728 | 125,449 | |
18 DOA - Electric Heat Pump Grant | ||||
19 Program 10,000,000 | 10,000,000 | 0 | 0 | |
20 DOA - Ongoing COVID-19 Response 75,052,439 | 38,819,129 | 0 | 0 | |
21 DLT - Enhanced Real Jobs 10,000,000 | 10,000,000 | 0 | 0 | |
22 EOC - Minority Business Accelerator 4,000,000 | 0 | 0 | 0 | |
23 EOC - Destination Marketing 1,500,000 | 0 | 0 | 0 | |
24 EOC - Blue Economy Investments 40,000,000 | 20,000,000 | 0 | 0 | |
25 EOC - Bioscience Investments 15,000,000 | 9,000,000 | 1,000,000 | 0 | |
26 EOC - South Quay Marine Terminal 23,000,000 | 0 | 0 | 0 | |
27 RIH - Development of Affordable | ||||
28 Housing 30,000,000 | 25,000,000 | 0 | 0 | |
29 RIH - Site Acquisition 5,000,000 | 5,000,000 | 0 | 0 | |
30 RIH - Down Payment Assistance 10,000,000 | 10,000,000 | 0 | 0 | |
31 RIH - Workforce Housing 8,000,000 | 0 | 0 | 0 | |
32 RIH - Affordable Housing | ||||
33 Predevelopment Program 2,500,000 | 2,500,000 | 2,500,000 | 0 | |
34 RIH - Home Repair and Community |
1 Revitalization | 10,000,000 | 0 | 0 | 0 |
2 OHCD - Predevelopment and Capacity | ||||
3 Building | 500,000 | 0 | 0 | 0 |
4 OHCD - Homelessness Assistance | ||||
5 Program | 7,000,000 | 6,000,000 | 0 | 0 |
6 QDC - Port of Davisville | 19,360,000 | 27,000,000 | 7,640,000 | 0 |
7 DCYF - Foster Home Lead Abatement | ||||
8 & Fire Safety | 375,000 | 0 | 0 | 0 |
9 DHS - Childcare Support | 1,217,000 | 500,000 | 0 | 0 |
10 BHDDH - Crisis Intervention | ||||
11 Trainings | 550,000 | 550,000 | 550,000 | 0 |
12 ELSEC - Adult Education | 1,500,000 | 1,500,000 | 0 | 0 |
13 DPS - Support for Survivors of | ||||
14 Domestic Violence | 3,500,000 | 3,500,000 | 0 | 0 |
15 Capital Projects Fund - Federal Funds | ||||
16 Project | ||||
17 DOA - CPF Administration | 2,807,250 | 2,442,616 | 0 | 0 |
18 DOA - Municipal and Higher Ed | ||||
19 Matching Grant Program | 23,360,095 | 0 | 0 | 0 |
20 DOA - RIC Student Services Center | 15,000,000 | 15,000,000 | 0 | 0 |
21 EOC - Broadband | 5,160,500 | 4,413,000 | 0 | 0 |
The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be
made in support of the following projects:
Federal Funds - State Fiscal Recovery Fund
Department of Administration (DOA)
DOA – Aid to the Convention Center. These funds shall provide operating support to the
Rhode Island convention center authority.
DOA - Electric Heat Pump Grant Program. These funds shall support a grant program
within the office of energy resources to assist homeowners and small-to-mid-size business owners
with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on
families in environmental justice communities, minority-owned businesses, and community
organizations who otherwise cannot afford this technology. The office of energy resources shall
report to the Speaker of the House and Senate President no later than April 1 of each year the results
of this program, including but not limited to, the number of grants issued, amount of each grant and
the average grant amount, and the expected cumulative carbon emissions reductions associated
with heat pumps that received a grant.
DOA – Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic
Recovery Office established within the Department of Administration.
DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-
19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,
to be administered by the director of administration, in consultation with the director of health and
the secretary of health and human services.
DOA - Health Care Facilities. These funds shall address the ongoing needs of hospitals,
nursing facilities and community health centers related to the COVID-19 public health emergency
totaling $77.5 million. This includes $45.0 million that shall be allocated to hospitals, or systems
if hospitals are members of one, to include a base payment equivalent to $1.0 million per hospital
with the remaining based on a hospital’s pro rata share of operating expenses from the 2021 cost
reports and $30.0 million for distribution to nursing facilities based on the number of Medicaid
beds days from the 2020 facility cost reports. There is $2.5 million to be distributed to the
community health centers through the Rhode Island Health Center Association.
DOA - Public Health Response Warehouse Support. These funds shall be allocated to the
proper of PPE and other necessary COVID-19 response related supplies.
DOA - Nonprofit Assistance. These funds shall be allocated to the Rhode Island
Foundation to distribute to nonprofit organizations to address needs that have been exacerbated by
COVID-19, including housing and food insecurity, and behavioral health issues, among others.
DOA - Auto-Enrollment Program. These funds shall support a program for automatically
enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19
public health emergency into qualified health plans to avoid gaps in coverage, administered by
HealthSource RI.
Department of Labor and Training (DLT)
DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and
training shall allocate these appropriations to the employment security fund prior to determining
the experience rate for each eligible employer for calendar year 2023.
DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program
in the development of job partnerships, connecting industry employers adversely impacted by the
pandemic to individuals enrolled in workforce training programs.
Executive Office of Commerce (EOC)
EOC - Destination Marketing. These funds shall be used for destination tourism marketing
in support of airline routes to T.F. Green Airport. The Commerce Corporation is required to supply
equivalent matching funds out of its portion of the state hotel tax.
EOC - Statewide Broadband Planning and Mapping. These funds shall be allocated to
develop a statewide broadband strategic plan to provide broadband access to unserved and
underserved households and businesses, to support a state broadband director at the Commerce
Corporation, and to conduct mapping in support of future state broadband investment.
EOC - Minority Business Accelerator. These funds shall support a program to invest
additional resources to enhance the growth of minority business enterprises as defined in chapter
14.1 of title 37. The initiative will support a range of assistance and programming, including
financial and technical assistance, entrepreneurship training, space for programming and co-
working, and assistance accessing low-interest loans. Commerce shall work with minority small
business associations, including the Rhode Island Black Business Association (RIBBA), to advance
this program. Of the amount allocated for FY 2023, five hundred thousand dollars ($500,000) shall
support the Rhode Island Black Business Association and three hundred thousand dollars
($300,000) shall support the Roger Williams University Business Start-Up Clinic.
EOC - Blue Economy Investments. These funds shall support a program to invest in the
state’s blue economy industries consistent with the University of Rhode Island Research
Foundation’s Blue Economy Technology Cluster grant application. These funds shall only be
allocated and spent after a commitment of at least thirty five million dollars ($35,000,000) in federal
matching funds is secured from the economic development administration for Rhode Island. Funds
shall be used for purposes and amounts specified in the grant approval.
EOC - Bioscience Investments. These funds shall support a program to invest in the state’s
life science industries consistent with Northeastern University’s BioConnects New England grant
application. These funds shall only be allocated and spent after a commitment of at least fifteen
million dollars ($15,000,000) in federal matching funds is secured from the economic development
administration for Rhode Island. Funds shall be used for purposes and amounts specified in the
grant approval.
EOC - South Quay Marine Terminal. These funds shall support the development of an
integrated and centralized hub of intermodal shipping designed to support the offshore wind
industry along memorial parkway in the East Providence waterfront special development district.
Funds may be used for design and development of the waterfront portion of the terminal into a
marine-industrial facility.
Rhode Island Housing (RIH)
RIH - Development of Affordable Housing. These funds shall expand a program at the
Rhode Island housing and mortgage finance corporation to provide additional investments in the
development of affordable housing units in conjunction with general obligation bond funds and
other sources of available financing according to guidelines approved by the Coordinating
Committee of the Housing Resources Commission. Of this amount, ten million ($10,000,000) shall
be available to Rhode Island housing and mortgage finance corporation to establish a pilot program
that shall direct funds to support low income and public housing through project-based rental
assistance vouchers and financing for pre-development, improvement, and housing production
costs. Within eighteen (18) months, any money available for the pilot that is not yet allocated to
viable projects, or which has been awarded to public housing authorities which are unable to
demonstrate substantial completion of all work within eighteen (18) months of receipt of any such
funds, shall be returned to this program and no longer be included in the pilot. Determination of
viability and substantial completion under the pilot shall be at the sole discretion of the deputy
secretary of commerce for housing.
RIH - Site Acquisition. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation toward the acquisition of properties for redevelopment as affordable
and supportive housing to finance projects that include requirements for deed restrictions not less
than thirty (30) years, and a non-recourse structure.
RIH - Down Payment Assistance. Administered by the Rhode Island housing and mortgage
finance corporation, these funds shall be allocated to a program to provide $17,500 in down
payment assistance to eligible first-time home buyers to promote homeownership.
RIH - Workforce Housing. These funds shall be allocated to the Rhode Island housing and
mortgage finance corporation to support a program to increase the housing supply for families
earning up to 120 percent of area median income.
RIH - Affordable Housing Predevelopment Program. These funds shall be allocated to the
Rhode Island housing mortgage finance corporation to support predevelopment work, for proposed
affordable housing developments to build a pipeline of new projects and build the capacity of
affordable housing developers in the state to expand affordable housing production.
RIH - Home Repair and Community Revitalization. These funds shall expand the
acquisition and revitalization program administered by the Rhode Island housing and mortgage
finance corporation to finance the acquisition and redevelopment of blighted properties to increase
the number of commercial and community spaces in disproportionately impacted communities and
or to increase the development of affordable housing. Residential development will serve
households earning no more than 80 percent of area median income. Commercial and community
spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the
residents are low-and moderate-income persons.
Office of Housing and Community Development (OHCD)
OHCD - Predevelopment and Capacity Building. These funds shall support a program to
increase contract staffing capacity to administer proposed affordable housing projects. These funds
will support research and data analysis, stakeholder engagement, and the expansion of services for
people experiencing homelessness.
OHCD - Homelessness Assistance Program. These funds shall support a program to
expand housing navigation, behavioral health, and stabilization services to address pandemic-
related homelessness. The program will support both operating subsidies for extremely low-income
housing units and services for people transitioning from homelessness to housing, including
individuals transitioning out of the adult correctional institutions.
OHCD - Homelessness Infrastructure. These funds shall be used to support a program to
respond to pandemic-related homelessness, including but not limited to, acquisition or construction
of temporary or permanent shelter and other housing solutions, of which ten million ($10,000,000)
shall support Crossroads Rhode Island sponsored housing development-based and/or housing-
based solutions, wrap-around services and administrative costs of implementation.
OHCD - Statewide Housing Plan. These funds shall be allocated to the development of a
statewide comprehensive housing plan to assess current and future housing needs, consider barriers
to home ownership and affordability, and identify services needed for increased investments toward
disproportionately impacted individuals and communities. These funds shall be used to support
municipal planning efforts to identify and cultivate viable sites and housing projects.
Quonset Development Corporation (QDC)
QDC - Port of Davisville. These funds shall be allocated to expand a program developing
port infrastructure and services at the Port of Davisville in Quonset in accordance with the
corporation’s master plan.
Executive Office of Health and Human Services (EOHHS)
EOHHS - Pediatric Recovery. These funds shall support a program to provide relief to
pediatric providers in response to the decline in visitation and enrollment caused by the public
health emergency and incentivize providers to increase developmental and psychosocial behavioral
screenings.
EOHHS - Early Intervention Recovery. These funds shall support a program to provide
relief to early intervention providers in response to a decline in enrollment for early intervention,
family home visiting and screening programs. This program will also provide performance bonuses
for providers who hit certain targets, such as recovering referral numbers and achieving reduced
staff turnover.
EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a
program to support certified community behavioral health clinics to bolster behavioral health
supports, medical screening and monitoring, and social services to particularly vulnerable
populations in response to a rise in mental health needs during the public health emergency.
EOHHS – Butler Hospital Short Term Stay Unit. These funds shall be allocated to support
construction of a 25-bed short stay unit at Butler Hospital to provide behavioral health care services,
crisis intervention and other related services.
Department of Children, Youth and Families (DCYF)
DCYF - Provider Workforce Stabilization. These funds shall be allocated to support
workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care
and supporting care staff of contracted service providers.
DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing
provider Psychiatric Residential Treatment Facility capacity to provide intensive residential
treatment options for adolescent girls and young women who face severe and complex behavioral
health challenges.
DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to
provide financial assistance to foster families for lead remediation and fire suppression upgrades.
Department of Health (DOH)
DOH - Public Health Clinics. Of these funds, $2.0 million shall be allocated to the RI
Free Clinic to improve statewide access and quality of primary care for uninsured adults; to increase
access to dental care for uninsured adults integrated into medical care at the clinic; and, to build
infrastructure for telehealth and electronic medical records, and $2.0 million shall be allocated to
Open Door Health to expand services to address issues for people who are disproportionally
impacted by the COVID-19 pandemic.
Department of Human Services (DHS)
DHS - Child Care Support. To address the adverse impact the pandemic has had on the
child care sector, the funds allocated to this program will provide retention bonuses for direct care
staff at child care centers and licensed family providers in response to pandemic-related staffing
shortages and start up and technical assistance grants for family child care providers. Retention
bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.
The director of the department of human services and the director of the department of children,
youth and families may waive any fees otherwise assessed upon child care provider applicants who
have been awarded the family child care provider incentive grant. The allocation to this program
will also support quality improvements, the creation of a workforce registry and additional funds
for educational opportunities for direct care staff.
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
(BHDDH)
BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-
health related calls reported by police departments, these funds shall be allocated to the crisis
intervention training program to provide training every three years for law enforcement as well as
continuing education opportunities.
BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline
to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal
Communications Commission-adopted rules to assure that all citizens receive a consistent level of
9-8-8 and crisis behavioral health services.
Rhode Island Department of Elementary and Secondary Education (ELSEC)
RIDE - Adult Education Providers. These funds shall be directly distributed through the
Office of Adult Education to nonprofit adult education providers to expand access to educational
programs and literary services.
Department of Public Safety (DPS)
DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest
in the nonprofit community to provide additional housing, clinical and mental health services to
victims of domestic violence and sexual assault. This includes increased investments for therapy
and counseling, housing assistance, job training, relocation aid and case management.
Department of Transportation
DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode
Island Public Transit Authority (RIPTA) to provide free fare bus route service along the “R Line”
for a twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and
submit a report to the Speaker of the House, the President of the Senate, and the Governor no later
than March 1, 2024.
DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used
by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to
prevent and address the risk of suicide on bridges under its purview. The selection of a vendor to
conduct the study shall be done through a request for proposals process.
Federal Funds - Capital Projects Fund
Department of Administration (DOA)
DOA - CPF Administration. These funds shall be allocated to the department of
administration to oversee the implementation of the Capital Projects Fund award from the
American Rescue Plan Act.
DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated
to a matching fund program for cities and towns that renovate or build a community wellness center
that meets the work, education and health monitoring requirements identified by the U.S.
Department of the Treasury.
DOA - RIC Student Services Center. These funds shall support the development of a
centralized hub at Rhode Island College, where students can complete essential tasks.
Executive Office of Commerce (EOC)
EOC - Broadband. These funds shall be allocated to the executive office of commerce to
invest in middle-mile and last-mile projects to provide high-speed, reliable internet to all Rhode
Islanders. The secretary of commerce, in partnership with the director of business regulation, will
run a series of requests for proposals for broadband infrastructure projects, providing funds to
municipalities, public housing authorities, business cooperatives and local internet service
providers for projects targeted at those unserved and underserved by the current infrastructure as
defined by national telecommunications and information administration standards. This investment
shall be used to match federal funds for broadband investment made available through the
Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide
broadband strategic plan and may not be obligated nor expended prior to its submission in
accordance with Chapter 42-162.
SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital
Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered
federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be
reappropriated in the ensuing fiscal year and made available for the same purposes. However, any
such reappropriations are subject to final approval by the General Assembly as part of the
supplemental appropriations act.
SECTION 18. State Fiscal Recovery Fund and Capital Projects Fund Compliance and
Reporting. The pandemic recovery office shall be established within the department of
administration to oversee all programs financed by the State Fiscal Recovery Fund or Capital
Projects Fund to ensure compliance with the rules, regulations, and other guidance issued by the
U.S. Department of the Treasury in accordance with the provisions of Section 9901, Subsections
602 and 604 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2. The pandemic recovery
office shall be responsible for submission of all reports required by the U.S. Department of the
Treasury for the State Fiscal Recovery Fund and Capital Projects Fund.
In consultation with the pandemic recovery office, the budget officer shall establish an
allotment system such that distributions of State Fiscal Recovery Fund and Capital Projects Fund
shall be made contingent upon recipients’ compliance with all state and federal rules, regulations,
and guidance.
SECTION 19. This article shall take effect as of July 1, 2022, except as otherwise provided
herein.
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RELATING TO STATE FUNDS
SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Council on
Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is
hereby amended to read as follows:
(a) The general assembly shall annually appropriate any sums it deems necessary for
support and maintenance of higher education in the state and the state controller is authorized and
directed to draw his or her orders upon the general treasurer for the payment of the appropriations
or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him
or her of proper vouchers as the council on postsecondary education may by rule provide. The
council shall receive, review, and adjust the budget for the office of postsecondary commissioner
and present the budget as part of the budget for higher education under the requirements of § 35-3-
14 4.
(b) The office of postsecondary commissioner and the institutions of public higher
education shall establish working capital accounts.
(c) Any tuition or fee increase schedules in effect for the institutions of public higher
education shall be received by the council on postsecondary education for allocation for the fiscal
year for which state appropriations are made to the council by the general assembly; provided that
no further increases may be made by the board of education or the council on postsecondary
education for the year for which appropriations are made. Except that these provisions shall not
apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode
Island, Rhode Island college, and the community colleges including student fees as described in
P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257
as amended.
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher
learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay
operating expenses, including principal and interest on debt services, and overhead expenses for
the facilities, with the exception of the mandatory fees covered by the Rhode Island promise
scholarship program as established by § 16-107-3. Any debt-service costs on general obligation
bonds presented to the voters in November 2000 and November 2004 or appropriated funds from
the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and
Rhode Island college shall not be subject to this self-supporting requirement in order to provide
funds for the building construction and rehabilitation program. The institutions of public higher
education will establish policies and procedures that enhance the opportunity for auxiliary facilities
to be self-supporting, including that all faculty provide timely and accurate copies of booklists for
required textbooks to the public higher educational institution's bookstore.
(e) The additional costs to achieve self-supporting status shall be by the implementation of
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
operating expenses, principal, and interest on debt services, and overhead expenses.
(f) The board of education is authorized to establish two (2) restricted-receipt accounts for
the higher education and industry centers established throughout the state: one to collect lease
payments from occupying companies, and fees from room and service rentals, to support the
operation and maintenance of the facilities; and one to collect donations to support construction,
operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.
(g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to
the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode
Island health and educational building corporation or outstanding lease certificates of participation,
in either case, issued for the benefit of the university of Rhode Island, the community college of
Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions
of any such bonds or certificates of participation, the general assembly shall annually appropriate
any such sums it deems necessary from educational and general revenues (including, but not limited
to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the
community college of Rhode Island and Rhode Island college, to be allocated by the council on
postsecondary education or by the board of trustees of the university of Rhode Island, as
appropriate, in accordance with the terms of the contracts with such bondholders or certificate
holders.
(h) The board of education is authorized to establish a restricted-receipt account for income
generated by the Rhode Island nursing education center through the rental of classrooms,
laboratories, or other facilities located on the Providence campus of the nursing education center.
All such revenues shall be deposited to the restricted receipt account.
(i) The board of education is authorized to establish a restricted-receipt account for the
receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose
of financing scholarships relating to studying science, technology, engineering, or mathematics at
an accredited educational institution. This account shall be housed within the budget of the office
of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-
3 4-27.
SECTION 2. Section 21-28.11-13 of the General Laws in Chapter 21-28.11 entitled "The
Rhode Island Cannabis Act" is hereby amended to read as follows:
6 21-28.11-13. Taxes.
(a) The following taxes are imposed on the retail sale of adult use cannabis pursuant to the
provisions of this chapter.
(1) Sales tax pursuant to the provisions of § 44-18-18;
(2) A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in
11 § 44-18-8; and
12 (3) A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in
13 § 44-18-8.
(b) The assessment, collection and enforcement of the sales tax pursuant to § 44-18-18, the
state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of
chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the
manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this
chapter to the sales price or charge, and when added, the taxes constitute a part of the price or
charge, is a debt from the consumer or user to the state, and is recoverable at law in the same manner
as other debts.
(c) All sums received by the division of taxation under this section as local cannabis excise
tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to
timely report or pay the local cannabis excise tax shall be distributed at least quarterly and credited
and paid by the state treasurer to the city or town where the cannabis is delivered.
(d) There is created within the general fund a restricted receipt account known as the
"marijuana trust fund." Revenue collected from the state cannabis excise tax or associated amounts
as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the state
cannabis excise tax shall be deposited into this account and used to fund programs and activities
related to program administration; revenue collection and enforcement; substance use disorder
prevention for adults and youth; education and public awareness campaigns, including awareness
campaigns relating to driving under the influence of cannabis; treatment and recovery support
services; public health monitoring, research, data collection, and surveillance; law enforcement
training and technology improvements, including grants to local law enforcement; and such other
related uses that may be deemed necessary.
(e) Revenue collected from the sales tax shall be deposited into the general fund.
(f) The budget officer is hereby authorized to create restricted receipt accounts entitled
"marijuana trust fund allocation" in any department or agency of state government wherein monies
from the marijuana trust fund are appropriated by the general assembly for the programmatic
purposes set forth in subsection (d) of this section.
SECTION 3. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions
Act" is hereby amended by adding thereto the following section:
There is hereby established within the department of health, a restricted receipt account
entitled "Hospital Conversion Monitoring." This account shall be used for the sole purpose to fund
monitoring activities associated with hospital conversions pursuant to § 23-17.14-28(d)(1), (2), (3),
and (4). Funds held in non-state escrow, whether currently existing or prospective, through
agreement between the department of health and the conversion acquiror may be deposited into the
restricted receipt account and disbursed, as necessary, to conduct the monitoring activities
15 associated with § 23-17.14-28(d) (1), (2), (3), and (4).
SECTION 4. Section 35-1.1-5 of the General Laws in Chapter 35-1.1 entitled "Office of
Management and Budget" is hereby amended to read as follows:
(a) The controller shall be responsible for managing federal grant applications; providing
administrative assistance to agencies regarding reporting requirements; providing technical
assistance; and approving agreements with federal agencies pursuant to § 35-1-1. The controller
shall:
(1) Establish state goals and objectives for maximizing the utilization of federal aid
programs;
(2) Ensure that the state establishes and maintains statewide federally mandated grants
management processes and procedures as mandated by the federal Office of Management and
Budget;
(3) Promulgate procedures and guidelines for all state departments, agencies, advisory
councils, instrumentalities of the state, and public higher education institutions covering
applications for federal grants;
(4) Require, upon request, any state department, agency, advisory council, instrumentality
of the state, or public higher education institution receiving a grant of money from the federal
government to submit a report to the controller of expenditures and program measures for the fiscal
period in question;
(5) Ensure state departments and agencies adhere to the requirements of § 42-41-5
regarding legislative appropriation authority and delegation thereof;
(6) Manage and oversee the disbursements of federal funds in accordance with § 35-6-42;
(7) Prepare the statewide cost allocation plan and serve as the monitoring agency to ensure
that state departments and agencies are working within the guidelines contained in the plan; and
(8) Provide technical assistance to agencies to ensure resolution and closure of all single
state audit findings and recommendations made by the auditor general related to federal funding.
(b) The division of accounts and control shall serve as the state clearinghouse for purposes
of coordinating federal grants, aid, and assistance applied for and/or received by any state
department, agency, advisory council, or instrumentality of the state. Any state department, agency,
advisory council, or instrumentality of the state applying for federal funds, aids, loans, or grants
shall file a summary notification of the intended application with the controller.
(1) When as a condition to receiving federal funds, the state is required to match the federal
funds, a statement shall be filed with the notice of intent or summary of the application stating:
(i) The amount and source of state funds needed for matching purposes;
(ii) The length of time the matching funds shall be required;
(iii) The growth of the program;
(iv) How the program will be evaluated;
(v) What action will be necessary should the federal funds be canceled, curtailed, or
restricted; and
(vi) Any other financial and program management data required by the office or by law.
(2) Except as otherwise required, any application submitted by an executive agency for
federal funds, aids, loans, or grants which will require state matching or replacement funds at the
time of application or at any time in the future, must be approved by the director of the office of
management and budget, or his or her designated agents, prior to its filing with the appropriate
federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or
grants which will require state matching or replacement funds at the time of application or at any
time in the future, when funds have not been appropriated for that express purpose, must be
approved by the general assembly in accordance with § 42-41-5. When the general assembly is not
in session, the application shall be reported to and reviewed by the director pursuant to rules and
regulations promulgated by the director.
(3) When any federal funds, aids, loans, or grants are received by any state department,
agency, advisory council, or instrumentality of the state, a report of the amount of funds received
shall be filed with the office; and this report shall specify the amount of funds that would reimburse
an agency for indirect costs, as provided for under federal requirements.
(4) The controller may refuse to issue approval for the disbursement of any state or federal
funds from the state treasury as the result of any application that is not approved as provided by
this section, or in regard to which the statement or reports required by this section were not filed.
(5) The controller shall be responsible for the orderly administration of this section and
for issuing the appropriate guidelines and regulations from each source of funds used.
(c) There is hereby created in the general fund and housed within the budget of the
department of administration a restricted receipt account entitled "Grants Management
Administration." This account shall be used to fund centralized services relating to managing
federal grant applications; providing administrative assistance to agencies regarding reporting
requirements; providing technical assistance; approving agreements with federal agencies pursuant
to § 35-1-1; and, may include costs associated with the development, implementation, and ongoing
operation of a grants management information technology system. Every state department and
agency, as defined in § 35-1-4, that receives federal assistance funds, excluding awards made
directly to Rhode Island College, the Community College of Rhode Island, and the University of
Rhode Island, shall set aside an amount of the funds received equal to a percentage as determined
annually by the state controller multiplied by federal funds received. The state controller shall
determine this rate annually in proportion with budgeted expenditures for uses consistent with the
purpose of this subsection within the department of administration.
For federal awards in response to the COVID-19 pandemic and subsequent stimulus
awards, there is hereby authorized an additional assessment that shall be deposited into the
restricted receipt account established by this subsection and shall be equal to a uniform percentage
of the amount of stimulus and other awards received, excluding Medicaid and all awards made
directly to Rhode Island College, the Community College of Rhode Island, and the University of
Rhode Island, associated with the COVID-19 pandemic and subsequent stimulus acts. The state
controller shall calculate the rate of this additional assessment, not to exceed one percent (1%) of
the total awards received during a fiscal year, in proportion with budgeted expenditures necessary
to finance the planning, oversight, compliance, and reporting functions within the department of
administration related to federal awards issued in response to the pandemic and subsequent stimulus
awards in addition to the costs of planning, development, and implementation of a grants
management information technology system. The Grants Management Administration account
shall not include an allocation of the State Fiscal Recovery Fund or the Coronavirus Capital Projects
Fund. For the additional assessment related to federal awards issued in response to the pandemic
and subsequent stimulus awards no funds shall be deposited into the restricted receipt account after
1 December 31, 2026 the federally determined end of performance period. All funds set aside and
designated to be used for grants management shall be deposited into the restricted receipt account
established in this subsection.
Prior to any deposits being made into the restricted receipt account established by this
subsection and thereafter prior to the commencement of each fiscal year, the state controller shall
provide a report to the director of administration and the chairpersons of the house and senate
finance committees that includes the rate and calculation thereof for the following fiscal year.
SECTION 5. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"
is hereby amended to read as follows:
Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions
from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on
federal grant funds; or (3) Through transfers from state agencies to the department of administration
for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,
unless prohibited by federal law or regulation, court order, or court settlement. The following
restricted receipt accounts shall not be subject to the provisions of this section:
Executive Office of Health and Human Services
Organ Transplant Fund
HIV Care Grant Drug Rebates
Health System Transformation Project
Rhode Island Statewide Opioid Abatement Account
HCBS Support- ARPA
HCBS Admin Support- ARPA
Department of Human Services
Veterans' home — Restricted account
Veterans' home — Resident benefits
Pharmaceutical Rebates Account
Demand Side Management Grants
Veteran's Cemetery Memorial Fund
Donations — New Veterans' Home Construction
Department of Health
Pandemic medications and equipment account
Miscellaneous Donations/Grants from Non-Profits
State Loan Repayment Match
Healthcare Information Technology
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Eleanor Slater non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Commission on the Deaf and Hard of Hearing
Emergency and public communication access account
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks registration fees
De Coppet Estate Fund
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund — Interest revenue
Department of Public Safety
E-911 Uniform Emergency Telephone System
Forfeited property — Retained
Forfeitures — Federal
Forfeited property — Gambling
Donation — Polygraph and Law Enforcement Training
Rhode Island State Firefighter's League Training Account
Fire Academy Training Fees Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Forfeited property — Gambling
Department of Administration
OER Reconciliation Funding
Health Insurance Market Integrity Fund
RI Health Benefits Exchange
Information Technology Investment Fund
Restore and replacement — Insurance coverage
Convention Center Authority rental payments
Investment Receipts — TANS
OPEB System Restricted Receipt Account
Car Rental Tax/Surcharge-Warwick Share
Grants Management Administration
Executive Office of Commerce
Housing Resources Commission Restricted Account
Housing Production Fund
Department of Revenue
DMV Modernization Project
Jobs Tax Credit Redemption Fund
Legislature
Audit of federal assisted programs
Department of Children, Youth and Families
Children's Trust Accounts — SSI
Military Staff
RI Military Family Relief Fund
RI National Guard Counterdrug Program
Treasury
Admin. Expenses — State Retirement System
Retirement — Treasury Investment Options
Defined Contribution — Administration - RR
Violent Crimes Compensation — Refunds
Treasury Research Fellowship
Business Regulation
Banking Division Reimbursement Account
Office of the Health Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement Account
Insurance Division Reimbursement Account
Historic Preservation Tax Credit Account
Marijuana Trust Fund
Social Equity Assistance Fund
Judiciary
Arbitration Fund Restricted Receipt Account
Third-Party Grants
RI Judiciary Technology Surcharge Account
Department of Elementary and Secondary Education
Statewide Student Transportation Services Account
School for the Deaf Fee-for-Service Account
School for the Deaf — School Breakfast and Lunch Program
Davies Career and Technical School Local Education Aid Account
Davies — National School Breakfast & Lunch Program
School Construction Services
Office of the Postsecondary Commissioner
Higher Education and Industry Center
IGT STEM Scholarships
Department of Labor and Training
Job Development Fund
Rhode Island Council on the Arts
Governors' Portrait Donation Fund
Statewide records management system account
SECTION 6. Section 39-1-42 of the General Laws in Chapter 39-1 entitled "Public Utilities
Commission" is hereby amended to read as follows:
(a) The public utilities commission shall establish, administer, and promote an information
accessibility service that includes:
(1) A statewide telephone relay service and, through the competitive bidding process,
contract for the administration and operation of such a relay system for utilization of the
telecommunications network by deaf, hard-of-hearing and speech-impaired persons;
(2) The adaptive telephone equipment loan program capable of servicing the needs of
persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular
impairments for use with a single-party telephone line, or wireless telephone, to any subscriber who
is certified as deaf, hard of hearing, severely speech impaired, or with neuromuscular impairments
by a licensed physician, audiologist, speech pathologist, or a qualified state agency, pursuant to
chapter 23 of this title; and
(3) A telephone access to the text of newspaper programs to residents who are blind, deaf
or blind, visually impaired, or reading impaired with a single-party telephone line.
(b) The commission shall establish, by rule or regulation, an appropriate funding
mechanism to recover the costs of providing this service from each residence and business
telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and
each service line or trunk, and upon each user interface number or extension number or similarly
identifiable line, trunk, or path to or from a digital network. Notwithstanding the foregoing, there
shall not be any additional funding mechanism used to charge each residence and business
telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and
each service line or trunk, or upon each user interface number or extension number or similarly
identifiable line, trunk, or path to or from a digital network, to recover the costs of providing the
services outlined in subsection (a)(1), (2) or (3) above.
(c) The commission, with the assistance of the state commission on the deaf and hard of
hearing, shall also develop the appropriate rules, regulations, and service standards necessary to
implement the provisions of subsection (a)(1). At a minimum, however, the commission shall
require, under the terms of the contract, that the relay service provider:
(1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including
holidays;
(2) Hire only qualified salaried operators with deaf language skills; and
(3) Maintain the confidentiality of all communications.
(d) The commission shall collect from the telecommunications service providers the
amounts of the surcharge collected from their subscribers and remit to the department of human
services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005 for
the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the
department of human services for the establishment of a new telephone access to the text of
newspaper programs. In addition, eighty thousand dollars ($80,000) one hundred thousand dollars
($100,000) shall annually be remitted to the Rhode Island commission on the deaf and hard of
hearing for an emergency and public communication access program, pursuant to § 23-1.8-4. The
surcharge referenced hereunder shall be generated from existing funding mechanisms and shall not
be generated as a result of any new funding mechanisms charged to each residence and business
telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and
each service line or trunk, or upon each user interface number or extension number or similarly
identifiable line, trunk, or path to or from a digital network.
SECTION 7. Section 42-7.2-10 of the General Laws in Chapter 42-7.2 entitled "Office of
Health and Human Services" is hereby amended to read as follows:
(a) The general assembly shall annually appropriate such sums as it may deem necessary
for the purpose of carrying out the provisions of this chapter. The state controller is hereby
authorized and directed to draw his or her orders upon the general treasurer for the payment of such
sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her
of proper vouchers approved by the secretary of the executive office of health and human services,
or his or her designee.
(b) For the purpose of recording federal financial participation associated with qualifying
healthcare workforce development activities at the state's public institutions of higher education,
and pursuant to the Rhode Island designated state health programs (DSHP), as approved by the
Centers for Medicare & Medicaid Services (CMC) October 20, 2016, in the 11-W-00242/1
amendment to Rhode Island's section 1115 Demonstration Waiver, there is hereby established a
restricted-receipt account entitled "Health System Transformation Project" in the general fund of
the state and included in the budget of the office of health and human services.
(c) There are hereby created within the general fund of the state and housed within the
budget of the office of health and human services two restricted receipt accounts, respectively
entitled "HCBS Support-ARPA" and HCBS Admin Support-ARPA". Amounts deposited into these
accounts are equivalent to the general revenue savings generated by the enhanced federal match
received on eligible home and community-based services between April 1, 2021 and March 31,
2022, allowable under Section 9817 of the American Rescue Plan Act of 2021, P.L. 117-2. Funds
deposited into the "HCBS Support- ARPA" account will used to finance the state share of newly
eligible medicaid expenditures by the office of health and human services and its sister agencies,
including the department of children, youth, and families, the department of health, and the
department of behavioral healthcare, developmental disabilities and hospitals. Funds deposited into
the "HCBS Admin Support-ARPA" account will be used to finance the state share of allowable
administrative expenditures attendant to the implementation of these newly eligible medicaid
expenditures. The accounts created under this subsection shall be exempt from the indirect cost
recovery provisions of § 35-4-27 of the Rhode Island general laws.
(d) There is hereby created within the general fund of the state and housed within the budget
of the office of health and human services a restricted receipt account entitled "Rhode Island
Statewide Opioid Abatement Account" for the purpose of receiving and expending monies from
settlement agreements with opioid manufacturers, pharmaceutical distributors, pharmacies, or their
affiliates, as well as monies resulting from bankruptcy proceedings of the same entities. The
executive office of health and human services shall deposit any revenues from such sources that
are designated for opioid abatement purposes into the restricted receipt account. Funds from this
account shall only to be used for forward-looking opioid abatement efforts as defined and limited
by any settlement agreements, state-city and town agreements, or court orders pertaining to the use
of such funds. By January 1 of each calendar year, the secretary of health and human services shall
report to the governor, the speaker of the house of representatives, the president of the senate, and
the attorney general on the expenditures that were funded using monies from the Rhode Island
statewide opioid abatement account and the amount of funds spent. The account created under this
subsection shall be exempt from the indirect cost recovery provisions of § 35-4-27 of the Rhode
Island General Laws. No governmental entity has the authority to assert a claim against the entities
with which the attorney general has entered into settlement agreements concerning the
manufacturing, marketing, distributing, or selling of opioids that are the subject of the Rhode Island
Memorandum of Understanding Between the State and Cities and Towns Receiving Opioid
Settlement Funds executed by every city and town and the attorney general and wherein every city
and town agreed to release all such claims against these settling entities, and any amendment
thereto. Governmental entity means any state or local governmental entity or sub-entity and
includes, but is not limited to, school districts, fire districts, and any other such districts. The claims
that shall not be asserted are the released claims, as that term is defined in the settlement agreements
executed by the attorney general, or, if not defined therein, the claims sought to be released in such
settlement agreements.
SECTION 8. Section 7 of this Article shall take effect as of July 1, 2021. Sections 1 through
6 of this Article shall take effect as of July 1, 2022.
art.003/12/003/11/003/10/003/9/003/8/003/7/003/6/003/5/003/4/003/1
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RELATING TO GOVERNMENT REFORM AND REORGANIZATION
SECTION 1. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail
Licenses" is hereby amended to read as follows:
(a) A caterer licensed by the department of health and the division of taxation shall be
eligible to apply for a Class P license from the department of business regulation. The department
of business regulation is authorized to issue all caterers' licenses. The license will be valid
throughout this state as a state license and no further license will be required or tax imposed by any
city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued shall
pay to the department of business regulation an annual fee of five hundred dollars ($500) for the
license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the state
treasury. The department is authorized to promulgate rules and regulations for the implementation
of this license. In promulgating said rules, the department shall include, but is not limited to, the
following standards:
(1) Proper identification will be required for individuals who look thirty (30) years old or
younger and who are ordering alcoholic beverages;
(2) Only valid ID's as defined by these titles are acceptable;
(3) An individual may not be served more than two (2) drinks at a time;
(4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals;
(5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period
per event;
(6) Only a licensee, or its employees, may serve alcoholic beverages at the event;
(7) The licensee will deliver and remove alcoholic beverages to the event; and
(8) No shots or triple alcoholic drinks will be served.
(b) Any bartender employed by the licensee shall be certified by a nationally recognized
alcohol beverage server training program.
(c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A
alcohol retail establishment located in the state, provided, however, any licensee who also holds a
Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase
alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred
dollars ($500) for this violation and shall be subject to license revocation. The provisions of this
section shall be enforced in accordance with this title.
(d) Violation of subsection (a) of this section is punishable upon conviction by a fine of
not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the
department of business regulation.
SECTION 2. Sections 5-2-1, 5-2-2, 5-2-3 and 5-2-9 of the General Laws in Chapter 5-2
entitled "Bowling Alleys, Billiard Tables, and Shooting Galleries" are hereby amended to read as
follows:
The town and city councils of the several towns and cities may tax, regulate, and, if they
find it expedient, prohibit and suppress, bowling alleys and establishments with three (3) or more
billiard tables in their respective cities and towns, conforming to law.
The keeper of any bowling alley, box ball alley, or establishment with three (3) or more
billiard table tables who refuses or neglects to comply with an order or decree relating to it, which
any city or town council is authorized to make, shall be fined fifty dollars ($50.00).
The owner or occupant of the premises on which any bowling alley, box ball alley, or three
(3) or more billiard table is tables are situated is deemed the keeper of that bowling alley, box ball
alley, or (3) or more billiard table tables, within the meaning of the provisions of this chapter.
(a) Town or city councils or licensing authorities in any city or town may permit licensees
operating bowling alleys, or persons paying a tax for the operation of a bowling alley, to operate
rooms or places where bowling, or playing of billiards, or pocket billiards at establishments with
three (3) or more billiard tables for a fee or charge may be engaged in by patrons of those rooms or
places on the first day of the week, subject to any restrictions and regulations that the city or town
council or licensing authority designates; provided, that the operation of bowling alleys or rooms
or places where bowling, playing of billiards, or pocket billiards at establishments with three (3) or
more billiard tables for a fee or charge is permitted on the first day of the week only between the
hours of one o'clock (1:00) p.m. and twelve o'clock (12:00) midnight; and provided, that no bowling
alley or rooms or places where bowling, playing of billiards, or pocket billiards for a fee or charge
is operated on the first day of the week within two hundred feet (200') of a place of public worship
used for public worship.
(b) The operation of any bowling alley, room, or place between any hour on the last day of
the week and one o'clock (1:00) a.m. on the first day of the week is not a violation of this section.
SECTION 3. Chapter 5-2 of the General Laws entitled "Bowling Alleys, Billiard Tables,
and Shooting Galleries" is hereby amended by adding thereto the following section:
As used in this chapter, the term "billiard table" means and shall include billiard tables,
pool tables, and pocket billiard tables.
SECTION 4. Chapter 5-12 of the General Laws entitled "Hide and Leather Inspection" is
hereby repealed.
5-12-1. Town and city inspectors.
There may be annually elected by the town councils of the several towns and by the city
councils of Providence and Newport an officer to be denominated "inspector of hides and leather,"
who shall be sworn to the faithful discharge of his or her duties.
5-12-2. Inspection and stamping of hides and leather.
City and town inspectors of hides and leather shall examine and inspect all hides and leather
that they may be called upon to inspect, within their towns or cities, and stamp upon the inspected
hides or leather their quality, as rated in the hides and leather trade, together with the name of the
inspector and date of inspection.
5-12-3. Inspection fees.
The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each hour
actually employed, paid by the person employing him or her; provided, that not more than five (5)
hours shall be paid for by one employer for the same day.
5-12-4. Misconduct by inspectors.
Every inspector appointed under the provisions of this chapter who willfully stamps any
hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit and
pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to any
person injured from the action.
SECTION 5. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of
Interpreters for the Deaf" is hereby amended to read as follows:
(a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,
the applicant must submit written evidence on forms furnished by the department, verified by oath,
that the applicant meets all of the following requirements:
(1) Is of good moral character;
(2) Meets the screened requirements as defined in regulations promulgated by the
department or meets the certification requirements set forth by RID or its successor agency
approved by the department in consultation with the board;
(3) Pays the department a license fee as set forth in § 23-1-54;
(4) Adheres to the National Association of the Deaf (NAD) and the Registry of Interpreters
for the Deaf, Inc. (RID) code of professional conduct; and
(5) Provides verification of a background check with the bureau of criminal investigation
in the office of attorney general at the time of the initial application for license.
(b) To be eligible for licensure by the board as an educational interpreter for the deaf, the
applicant must meet all of the requirements as described in subsection (a) and must further present
proof of successful completion of the educational interpreter performance assessment (EIPA),
written and performance tests, or a similar test as approved by the board, at a performance level
established by the board.
(c) An individual whose license, certification, permit, or equivalent form of permission
issued within another state has been revoked, suspended, or currently placed on probation shall not
be eligible for consideration for licensure unless they have first disclosed to the department about
such disciplinary actions.
SECTION 6. Sections 9-5-10.1, 9-5-10.5 and 9-5-10.6 of the General Laws in Chapter 9-
5 entitled "Writs, Summons and Process" are hereby amended to read as follows:
(a) (1) A person at least twenty-one (21) years of age who complies with the statute and
the requirements set forth in any regulations promulgated by the department of business regulation
26 may file an application with the department requesting that the applicant be certified as a constable.
Once issued by the department, the certification shall be effective for a period of two (2) years or
until the approval is withdrawn by the department. A certified constable shall be entitled to serve
or execute writs and process in such capacity for any court of the state, anywhere in the state,
subject to any terms and limitations as set forth by the court, and in such number as determined by
the chief judge of the district court.
(2) A person to be certified as a constable shall provide documentation and evidence
satisfactory to the department of business regulations that the person possesses the specified
minimum qualifications to include:
(i) Sixty (60) hours of earned credit from an accredited college, university, or institution;
or
(ii) Four (4) years of honorable military service; or
(iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement
agency; and
(iv) United State citizenship; and
(v) Possession of a valid motor vehicle operator's license; and
(vi) Successful completion of unlawful drug use screening; and
(vii) Successful completion of psychological testing approved by the department of
business regulation.
(b) Certification process.
(1) Application.
(i) Any person seeking certification pursuant to this section shall complete an application
and submit it to the department of business regulation in the form designated by the department for
such applications.
(ii) The application shall include information determined by the department to be relevant
to licensure and shall include a national criminal background check.
(2) Referral to certified constables' board. Once the applicant has provided a completed
application, the department shall refer the applicant to the certified constables' board by providing
a copy of the application to the board and to the chief judge of the district court.
(3) Training.
(i) Following review of the application, the board shall determine whether the applicant
should be recommended for training by the board to be conducted by a volunteer training constable.
If the board determines that training is appropriate, the applicant shall be assigned to a training
constable who shall be a constable in good standing for a minimum of ten (10) years and who is
approved by the chief judge of the district court to train prospective constables department.
(ii) Training shall consist of a minimum of ninety (90) hours to be completed no sooner
than ninety (90) days from the date of the referral by the board. The department may waive the
training requirement of this section for an applicant who has graduated from a certified police or
law enforcement academy and who has a minimum of twenty (20) years of honorable service as a
police or law enforcement officer.
(iii) Within thirty (30) days from the conclusion of training, a written report shall be
submitted by the training constable to the board with a copy to the department that reflects the dates
and times of training and comments on the aptitude of the trainee.
(iv) If the board concludes that training is not appropriate or if the report of the training
constable concludes that the applicant does not have the aptitude to perform the duties of a
constable, the board shall so inform the department which shall deny the application on that basis.
(4) Oral and written tests.
(i) Upon the successful completion of the training period and recommendation from the
training constable, within ninety (90) days, the applicant shall complete an oral examination on the
legal and practical aspects of certified constables' duties that shall be created and administered by
the board.
(ii) Upon the successful completion of the oral examination, within sixty (60) days the
applicant must complete a written test created by the board and approved by the chief judge of the
district court department that measures the applicant's knowledge of state law and court procedure.
(iii) If the board concludes that the applicant has not successfully passed either the oral or
written test, the board shall so inform the department which shall deny the application on that basis.
(5) Final review. The department shall review the application, training record, test scores,
and such other information or documentation as required and shall determine whether the applicant
shall be approved for certification and the person authorized to serve process in the state.
(c) Any person certified as a constable on the effective date of this act shall continue to be
certified without complying with the certification requirements prescribed by this act.
(a) Upon the receipt of a written complaint, request of the board, request of a judge of any
court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a
hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her
designee, has the power to refuse a certification for cause or to suspend or revoke a certification or
place an applicant on probation for any of the following reasons:
(1) The certification was obtained by false representation or by fraudulent act or conduct;
(2) Failure to report to the department any of the following within thirty (30) days of the
occurrence:
(i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the
initial complaint filed and any other relevant legal documents;
(ii) Any change of name, address or other contact information;
(iii) Any administrative action taken against the constable in any jurisdiction by any
government agency within or outside of this state. The report shall include a copy of all relevant
legal documents.
(3) Failure to respond to the department within ten (10) days to any written inquiry from
the department;
(4) Where a certified constable, in performing or attempting to perform any of the acts
mentioned in this section, is found to have committed any of the following:
(i) Inappropriate conduct that fails to promote public confidence, including failure to
maintain impartiality, equity, and fairness in the conduct of his or her duties;
(ii) Neglect, misfeasance, or malfeasance of his or her duties;
(iii) Failure to adhere to court policies, rules, procedures, or regulations;
(iv) Failure to maintain the highest standards of personal integrity, honesty, and
truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or
conviction of a crime.
(5) A copy of the determination of the director of department of business regulation, or his
or her designee, shall be forwarded to the chief judge of the district court within ten (10) business
days.
(b) Nothing herein shall be construed to prohibit the chief of any court from suspending
the certification of a constable to serve process within his or her respective court pending the
outcome of an investigation consistent with the provisions of chapter 35 of title 42.
(c) The department is authorized to levy an administrative penalty not exceeding one
thousand dollars ($1,000) for each violation for failure to comply with the provisions of this chapter
or with any rule or regulation promulgated by the department.
(a) There shall be created a certified constables' board that shall review each applicant and
recommend him or her for training, conduct the oral examination of each applicant, and that shall
serve as a resource to the chief judge and the department in the consideration of the practical aspects
of constable practice. The board shall consist of five (5) members appointed by the governor: two
(2) who shall be constables in good standing who have served for at least ten (10) years, one of
whom shall be appointed recommended by the Rhode Island Constables, Inc. and one appointed
recommended by the Rhode Island Constables Association; and three (3) attorneys who shall be
licensed to practice law by the supreme court in good standing who shall be appointed by the chief
judge of the district court. Members of the constables' board shall serve for terms of five (5) years
until a successor is appointed and qualified.
(b) A representative of the board may attend hearings in order to furnish advice to the
department. The board may also consult with the department of business regulation from time to
time on matters relating to constable certification.
SECTION 7. Chapter 28.10 of the General Laws entitled "Opioid Stewardship Act" is
hereby amended by adding thereto the following section:
The employee responsible for performing fiscal functions associated with the management
of the opioid stewardship fund within the department of health shall be transferred to the executive
office.
6 SECTION 8. Sections 21-28.10-1, 21-28.10-2, 21-28.10-3, 21-28.10-4, 21-28.10-5, 21-
7 28.10-6, 21-28.10-7, 21-28.10-8, 21-28.10-9, 21-28.10-10, 21-28.10-11 and 21-28.10-13 of the
General Laws in Chapter 28.10 entitled "Opioid Stewardship Act" are hereby amended to read as
follows:
10 21-28.10-1. Definitions.
Unless the context otherwise requires, the following terms shall be construed in this chapter
to have the following meanings:
(1) "Department" means the Rhode Island department of health.
(2) "Director" means the director of the Rhode Island department of health.
(3)(1) "Distribute" means distribute as defined in § 21-28-1.02.
(4)(2) "Distributor" means distributor as defined in § 21-28-1.02.
(5)(3) "Executive Office" means the executive office of health and human services.
(5)(4) "Manufacture" means manufacture as defined in § 21-28-1.02.
(6)(5) "Manufacturer" means manufacturer as defined in § 21-28-1.02.
(7)(6) "Market share" means the total opioid stewardship fund amount measured as a
percentage of each manufacturer's, distributor's and wholesaler's gross, in-state opioid sales in
dollars from the previous calendar year as reported to the U.S. Drug Enforcement Administration
(DEA) on its Automation of Reports and Consolidated Orders System (ARCOS) report.
(7) "Secretary" means the secretary of the executive office of health and human services.
(8) "Wholesaler" means wholesaler as defined in § 21-28-1.02.
All manufacturers, distributors, and wholesalers licensed or registered under this title or
chapter 19.1 of title 5 (hereinafter referred to as "licensees"), that manufacture or distribute opioids
shall be required to pay an opioid registration fee. On an annual basis, the director secretary shall
certify the amount of all revenues collected from opioid registration fees and any penalties imposed,
to the general treasurer. The amount of revenues so certified shall be deposited annually into the
opioid stewardship fund restricted receipt account established pursuant to § 21-28.10-10.
(1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000)
annually, subject to downward adjustments pursuant to § 21-28.10-7.
(2) Each manufacturer's, distributor's, and wholesaler's annual opioid registration fee shall
be based on that licensee's in-state market share.
(3) The following sales will not be included when determining a manufacturer's,
distributor's, or wholesaler's market share:
(i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;
(ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment
programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title
10 23;
(iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of
delivery or sale is outside of Rhode Island;
(iv) Any sales of anesthesia or epidurals as defined in regulation by the department; and
(v) Any in-state intracompany transfers of opioids between any division, affiliate,
subsidiary, parent, or other entity under complete and common ownership and control.
(4) The department executive office shall provide to the licensee, in writing, on or before
17 October 15, 2019 annually, the licensee's market share for the 2018 previous calendar year.
18 Thereafter, tThe department executive office shall notify the licensee, in writing, on or before
19 October 15 of each year, of its market share for the prior calendar year based on the opioids sold
or distributed for the prior calendar year.
(a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute
opioids in the state of Rhode Island shall provide to the director secretary a report detailing all
opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such
report shall include:
(1) The manufacturer's, distributor's, or wholesaler's name, address, phone number, DEA
registration number, and controlled substance license number issued by the department;
(2) The name, address, and DEA registration number of the entity to whom the opioid was
sold or distributed;
(3) The date of the sale or distribution of the opioids;
(4) The gross receipt total, in dollars, of all opioids sold or distributed;
(5) The name and National Drug Code of the opioids sold or distributed;
(6) The number of containers and the strength and metric quantity of controlled substance
in each container of the opioids sold or distributed; and
(7) Any other elements as deemed necessary or advisable by the director secretary.
(b) Initial and future reports. This information shall be reported annually to the department
executive office via ARCOS or in such other form as defined or approved by the director secretary;
provided, however, that the initial report provided pursuant to subsection (a) shall consist of all
opioids sold or distributed in the state of Rhode Island for the 2018 calendar year, and shall be
submitted by September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each
year based on the actual opioid sales and distributions of the prior calendar year.
The licensee shall make payments annually to the department executive office with the first
payment of its market share due on December 31, 2019; provided, that the amount due on December
31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent
payments to be due and owing on the last day of every year thereafter.
In any year for which the director secretary determines that a licensee failed to report
information required by this chapter, those licensees complying with this chapter shall receive a
reduced assessment of their market share in the following year equal to the amount in excess of any
overpayment in the prior payment period.
(a) A licensee shall be afforded an opportunity to submit information to the department
secretary documenting or evidencing that the market share provided to the licensee (or amounts
paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The
department executive office may consider and examine such additional information that it
determines to be reasonably related to resolving the calculation of a licensee's market share, which
24 may require the licensee to provide additional materials to the department executive office. If the
department executive office determines thereafter that all or a portion of such market share, as
determined by the director secretary pursuant to § 21-28.10-3(4), is not warranted, the department
executive office may:
(1) Adjust the market share;
(2) Adjust the assessment of the market share in the following year equal to the amount in
excess of any overpayment in the prior payment period; or
(3) Refund amounts paid in error.
(b) Any person aggrieved by a decision of the department executive office relating to the
calculation of market share may appeal that decision to the superior court, which shall have power
to review such decision, and the process by which such decision was made, as prescribed in chapter
35 of title 42.
(c) A licensee shall also have the ability to appeal its assessed opioid registration fee if the
assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of
products described in § 21-28.10-3. The department executive office may, exercising discretion as
it deems appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can
demonstrate that the correctly assessed payment will pose undue hardship to the licensee's
continued activities in state. The department executive office shall be allowed to request, and the
licensee shall furnish to the department, any information or supporting documentation validating
the licensee's request for waiver or reduction under this subsection. Fees waived under this section
shall not be reapportioned to other licensees which have payments due under this chapter.
By January of each calendar year, the department of health, the department of behavioral
healthcare, developmental disabilities and hospitals (BHDDH), the executive office of health and
human services (EOHHS), the department of children, youth and families (DCYF), the Rhode
Island department of education (RIDE), the Rhode Island office of veterans services, the
department of corrections (DOC), the department of labor and training (DLT), and any other
department or agency receiving opioid stewardship funds shall report annually to the governor, the
speaker of the house, and the senate president which programs in their respective departments were
funded using monies from the opioid stewardship fund and the total amount of funds spent on each
program.
21 21-28.10-9. Penalties.
(a) The department executive office may assess a civil penalty in an amount not to exceed
one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter.
(b) (1) In addition to any other civil penalty provided by law, where a licensee has failed
to pay its market share in accordance with § 21-28.10-5, the department executive office may also
assess a penalty of no less than ten percent (10%) and no greater than three hundred percent (300%)
of the market share due from such licensee.
(2) In addition to any other criminal penalty provided by law, where a licensee has failed
to pay its market share in accordance with § 21-28.10-5, the department executive office may also
assess a penalty of no less than ten percent (10%) and no greater than fifty percent (50%) of the
market share due from such licensee.
(a) There is hereby established, in the custody of the department, executive office, a
restricted-receipt account to be known as the "opioid stewardship fund."
(b) Monies in the opioid stewardship fund shall be kept separate and shall not be
commingled with any other monies in the custody of the department executive office.
(c) The opioid stewardship fund shall consist of monies appropriated for the purpose of
such account; monies transferred to such account pursuant to law; contributions consisting of
promises or grants of any money or property of any kind or value, or any other thing of value,
including grants or other financial assistance from any agency of government; and monies required
by the provisions of this chapter or any other law to be paid into or credited to this account.
(d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,
recovery, prevention, education services, and other related programs, subject to appropriation by
the general assembly.
(e) The budget officer is hereby authorized to create restricted receipt accounts entitled
"opioid stewardship fund allocation" in any department or agency of state government wherein
monies from the opioid stewardship fund are appropriated by the general assembly for the
programmatic purposes set forth in subsection (d) of this section.
15 21-28.10-11. Allocation.
The monies, when allocated, shall be paid out of the opioid stewardship fund and subject
to the approval of the director secretary and the approvals of the directors of the departments of
health and behavioral healthcare, developmental disabilities and hospitals (BHDDH), pursuant to
the provisions of this chapter.
The director secretary may prescribe rules and regulations, not inconsistent with law, to
carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when
reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of
its proper interpretation. Such rules and regulations may be amended, suspended, or revoked, from
time to time and in whole or in part, by the director secretary. The director secretary may prescribe,
and may furnish, any forms necessary or advisable for the administration of this chapter.
27 SECTION 9. Sections 23-26-7.1, 23-26-11, 23-26-12, 23-26-13, 23-26-15, 23-26-25, 23-
26-26, 23-26-27, 23-26-30 and 23-26-31 of the General Laws in Chapter 23-26 entitled "Bedding
and Upholstered Furniture" are hereby amended to read as follows:
(a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding
or any item of bedding of any type manufactured in whole or in part from secondhand material,
including their component parts or wiping rags, unless such material has been sterilized, disinfected
and cleaned, by a method approved by the department of business regulation; provided, further,
that any product used for sterilization or disinfection of secondhand bedding must be registered as
consumer and health benefit products and labeled for use on bedding and upholstered furniture by
the EPA in accordance with § 23-25-6 of this title. The department of business regulation shall
promulgate rules and regulations consistent with the provisions of this chapter.
(b) No person shall use in the manufacture, repair and renovation of bedding of any type
any material which has been used by a person with an infectious or contagious disease, or which is
filthy, oily or harbors loathsome insects or pathogenic bacteria.
(c) No person shall sell, or offer for sale or include in a sale any material or bedding which
under the provisions of this chapter or regulations requires treatment unless there is securely
attached in accordance with regulations, a yellow tag not less than twelve square inches in size,
made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed,
in black ink, in the English language, a statement showing:
(1) That the item or material has been treated by a method approved by the department of
business regulation, and the method of treatment applied.
(2) The lot number and the tag number of the item treated.
(3) The license registration number of the person applying treatment.
(4) The name and address of the person for whom treated.
(d) The tag required by this section shall be in addition to any other tag required pursuant
to the provisions of this chapter. Holders of licenses registrations to apply sterilization, disinfection
or disinfestation treatment shall be required to keep an accurate record of all materials which have
been subjected to treatment, including the source of material, date of treatment, and the name and
address of the receiver of each. Such records shall be available for inspection at any time by
authorized representatives of the department.
(e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars
25 ($500).
No person shall have in his or her possession or shall make, use, or sell any counterfeit or
colorable imitation of the inspection stamp or permit registration required by this chapter. Each
counterfeited or imitated stamp or permit registration made, used, sold, offered for sale, delivered,
or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense.
Any sterilization process, before being used in connection with this chapter, must receive
the approval of the director. Every person, firm, or corporation desiring to operate the sterilization
process shall first obtain a numbered permit registration from the director and shall not operate the
process unless the permit registration is kept conspicuously posted in the establishment. Fee for
original permit registration shall be eighty-four dollars ($84.00). Application for the permit
registration shall be accompanied by specifications in duplicate, in such form as the director shall
require. Each permit registration shall expire one year from date of issue. Fee for annual renewal
of a sterilizing permit registration shall be one-half (1/2) the original fee.
Every article of bedding made for sale, sold, or offered for sale shall have attached thereto
a tag which shall state the name of the material used, that the material used is new, or second-hand
and, when required to be sterilized, that the material has been sterilized, and the number of the
sterilizing permit registration. The tag shall also contain the name and address of the maker or the
vendor and the registry number of the maker. All tags attached to new articles shall be legibly
stamped or marked by the retail vendor with the date of delivery to the customer.
Any shipment or delivery, however contained, of material used for filling articles of
bedding shall have firmly and conspicuously attached thereto a tag which shall state the name of
the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of the
contents and whether the contents are new or second-hand, and, if sterilized, the number of the
sterilizing permit registration.
(a) The director is hereby authorized and empowered to make general rules and regulations
and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto
and not inconsistent herewith. The director may suspend or revoke any permit or registration for
violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant
to the authority granted by this chapter. (b) The director of the department of health shall investigate
and enforce the provisions of § 23-26-3.1, and promulgate rules and regulations deemed necessary
to enforce it.
Any person aggrieved by the action of the director in denying an application for a permit
or for registration, or in revoking or suspending any permit or registration, or by any order or
decision of the director, shall have the right to appeal to the supreme court and the procedure in
case of the appeal shall be the same as that provided in § 42-35-15.
Any person who:
(1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or
lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this chapter;
or
(2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in
preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in
any public or private hospital, or that has been used by or about any person having an infectious or
contagious disease, and that after such use has not been sterilized and approved for use, by the
director of business regulation; or
(3) Counterfeits or imitates any stamp or permit registration issued under this chapter shall
be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or
by imprisonment for not more than six (6) months or both.
(4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be civilly
fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand
dollars ($10,000) for each subsequent violation.
No person shall be engaged: (1) as a manufacturer of articles of bedding for sale at
wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer; (4)
as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she has
obtained the appropriate numbered license registration therefor from the director, who is hereby
empowered to issue the license registration. Application for the license registration shall be made
on forms provided by the director and shall contain such information as the director may deem
material and necessary. Based on the information furnished in the application and on any
investigation deemed necessary by the director, the applicant's classification shall be determined.
Each license registration issued by the director pursuant to this section shall be conspicuously
posted in the establishment of the person to whom issued. The director may withhold the issuance
of a license registration to any person who shall make any false statement in the application for a
license registration under this chapter. The director shall promulgate rules and regulations
mandating the term of license registration for each category of license registration issued pursuant
to this chapter; however, no license registration shall remain in force for a period in excess of three
(3) years. The fee for the initial issuance or renewal of a license registration shall be determined by
multiplying the per annum fee by the number of years in the term of the license registration. The
entire fee must shall be paid in full for the total number of years of license registration prior to the
issuance of the license registration.
1 23-26-31. Fees.
(a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-30
shall be as follows:
(1) Every applicant classified as a manufacturer of articles of bedding for sale at wholesale
or retail or as a supply dealer shall pay, prior to the issuance of a general license registration, a per
annum fee of two hundred ten dollars ($210) and the licensee registrant may be engaged in any or
all of the following:
(i) Manufacture of articles of bedding for sale at wholesale;
(ii) Manufacture of articles of bedding for sale at retail;
(iii) Supply dealer;
(iv) Repairer-renovator.
(2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of
bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of sixty
dollars ($60.00), and the licensee registrant may be engaged in any or all of the following:
(i) Repairer-renovator;
(ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee
registrant is reclassified from one category to another which calls for a higher license registration
fee, he or she shall pay a pro rata share of the higher license registration fee for the unexpired period
and shall be issued a new license registration to expire on the expiration date of the original license
registration.
(b) If, through error, a licensee registrant has been improperly classified as of the date of
issue of his or her current license registration, the proper fee for the entire period shall be payable.
Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed to any
licensee registrant who has discontinued business, or whose license registration has been revoked
or suspended or who has been reclassified to a category calling for a greater or lesser
licenseregistration fee, except as provided herein. The fee shall be paid to the director of business
regulation. For reissuing a revoked or expired license registration the fee shall be the same as for
an original license registration.
(c) All payments for registration fees, sterilization process, permits, fines and penalties,
and other money received under this chapter shall constitute inspection fees for the purpose of
enforcing this chapter.
SECTION 10. Section 23-90-5 of the General Laws in Chapter 23-90 entitled "Responsible
Recycling, Reuse and Disposal of Mattresses" is hereby amended to read as follows:
(a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress
stewardship plan for the establishment of a mattress stewardship program to the corporation
director for approval.
(b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is
technologically feasible and economically practical:
(1) Identify each producer's participation in the program;
(2) Describe the fee structure for the program and propose a uniform stewardship fee that
is sufficient to cover the costs of operating and administering the program;
(3) Establish performance goals for the first two (2) years of the program;
(4) Identify proposed recycling facilities to be used by the program, such facilities shall not
require a solid waste management facilities license;
(5) Detail how the program will promote the recycling of discarded mattresses;
(6) Include a description of the public education program;
(7) Describe fee-disclosure language that retailers will be required to prominently display
that will inform consumers of the amount and purpose of the fee; and
(8) Identify the methods and procedures to facilitate implementation of the mattress
stewardship program in coordination with the corporation director and municipalities.
(c) Not later than ninety (90) days after submission of the plan pursuant to this section, the
corporation shall make a determination whether to:
(1) Approve the plan as submitted; or
(2) Deny the plan.
(d) The corporation director shall approve the plan for the establishment of the mattress
stewardship program, provided such plan reasonably meets the requirements of this section. Prior
to making such determination, the corporation director shall post the plan for at least thirty (30)
days, in accordance with the "Administrative Procedures Act" as set forth in chapter 35 of title 42
on the corporation's website and solicit public comments on the plan to be posted on the website.
(e) In the event that the corporation director denies the plan, the corporation director shall
provide a notice of determination to the council, within sixty (60) days, detailing the reasons for
the disapproval. The council shall revise and resubmit the plan to the corporation director not later
than forty-five (45) days after receipt of notice of the corporation director's denial notice. Not later
than forty-five (45) days after receipt of the revised plan, the corporation director shall review and
approve or deny the revised plan. The council may resubmit a revised plan to the corporation
director for approval on not more than two (2) occasions. If the council fails to submit a plan that
is acceptable to the corporation director, because it does not meet the criteria pursuant to
subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan
and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant
to this section, the council shall implement the mattress stewardship program.
(f) It is the responsibility of the council to:
(1) Notify the corporation director whenever there is a proposed substantial change to the
program. If the corporation director takes no action on a proposed substantial change within ninety
(90) days after notification of the proposed change, the proposed change shall be deemed approved.
For the purposes of this subdivision, "substantial change" shall include, but not be limited to:
(i) A change in the processing facilities to be used for discarded mattresses collected
pursuant to the program; or
(ii) A material change to the system for collecting mattresses.
(2) Not later than October 1, 2017, the council shall submit to the corporation director for
review, updated performance goals that are based on the experience of the program during the first
two (2) years of the program.
(g) The council shall notify the corporation director of any other changes to the program
on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation
director for approval. Such changes shall include, but not be limited to, a change in the composition,
officers, or contact information of the council.
(h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose
a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform
fee more frequently than once every two (2) years if the council determines such change is needed
to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent
auditor to ensure that such assessment does not exceed the costs of the mattress stewardship
program described in subsection (b) of this section and to maintain financial reserves sufficient to
operate the program over a multi-year period in a fiscally prudent and responsible manner. Not
later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall
render an opinion to the corporation director as to whether the proposed mattress stewardship fee
is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress
stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90)
days after the auditor notifies the corporation director that the fee is reasonable. If the auditor
concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council
with written notice explaining the auditor's opinion. Specific documents or information provided
to the auditor by the council, along with any associated internal documents or information held by
the council, shall be made available to the corporation for its review upon request but shall not be
made public if the documents and information contain trade secrets or commercial or financial
information of a privileged or confidential nature, pursuant to chapter 2 of title 38 ("access to public
records"). Not later than fourteen (14) days after the council's receipt of the auditor's opinion, the
council may either propose a new mattress stewardship fee, or provide written comments on the
auditor's opinion. If the auditor concludes that the fee is not reasonable, the corporation director
shall decide, based on the auditor's opinion and any comments provided by the council, whether to
approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The
cost of any work performed by such auditor pursuant to the provisions of this subsection and
subsection (i) of this section shall be funded by the council.
(i)(1) On and after the implementation of the mattress stewardship program, each retailer
shall add the amount of the fee established pursuant to subsection (b) of this section and described
in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee
shall be remitted by the retailer to the council. The council may, subject to the corporation director's
approval, establish an alternative, practicable means of collecting or remitting such fee.
(2) On and after the implementation date of the mattress stewardship program, no producer,
distributor or retailer shall sell or offer for sale a mattress to any person in the state if the producer
is not a member of the council.
(3) No retailer or distributor shall be found to be in violation of the provisions of this
section, if, on the date the mattress was ordered from the producer or its agent, the producer of said
mattress was listed on the corporation's website in accordance with the provisions of this chapter.
(j) Not later than October 1, 2016, and annually thereafter, the council shall submit an
annual report to the corporation director. The corporation director shall post such annual report on
the corporation's website. Such report shall include, but not be limited to:
(1) The weight of mattresses collected pursuant to the program from:
(i) Municipal and/or transfer stations;
(ii) Retailers; and
(iii) All other covered entities;
(2) The weight of mattresses diverted for recycling;
(3) Identification of the mattress recycling facilities to which mattresses were delivered for
recycling;
(4) The weight of discarded mattresses recycled, as indicated by the weight of each of the
commodities sold to secondary markets;
(5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:
(i) Rhode Island resource recovery corporation; and
(ii) Any other facilities;
(6) Samples of public education materials and methods used to support the program;
(7) A description of efforts undertaken and evaluation of the methods used to disseminate
such materials;
(8) Updated performance goals and an evaluation of the effectiveness of the methods and
processes used to achieve performance goals of the program; and
(9) Recommendations for any changes to the program.
(k) Two (2) years after the implementation of the program and upon the request of the
corporation director, but not more frequently than once a year, the council shall cause an audit of
the program to be conducted by the auditor described in subsection (h) of this section. Such audit
shall review the accuracy of the council's data concerning the program and provide any other
information requested by the corporation director. Such audit shall be paid for by the council. The
council shall maintain all records relating to the program for not less than three (3) years.
(l) No covered entity that participates in the program shall charge for receipt of mattresses
generated in the state. Covered entities may charge a fee for providing the service of collecting
mattresses and may restrict the acceptance of mattresses by number, source or physical condition.
(m) Covered entities that, upon the date of this act's passage, have an existing program for
recycling discarded mattresses may continue to operate such program without coordination of the
council, so long as the entities are able to demonstrate, in writing, to the corporation director that
the facilities to which discarded mattresses are delivered are engaged in the business of recycling
said mattresses and the corporation director approves the written affirmation that the facility
engages in mattress recycling of mattresses received by the covered entity. A copy of the written
affirmation and the corporation's approval shall be provided to the council by the corporation
director in a timely manner.
(e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly
on the operation of the statewide system for collection, transportation and recycling of mattresses.
SECTION 11. Section 31-2-6 of the General Laws in Chapter 31-2 entitled "Division of
Motor Vehicles" is hereby amended to read as follows:
29 31-2-6. Offices.
The administrator shall maintain offices in those places in the state that he or she may deem
necessary to properly carry out the powers and duties vested in the division of motor vehicles. The
administrator shall maintain branch offices provide direct, in-person services in the towns of
Warren and Westerly and keep the services in Warren office open available for business at least
three (3) days per week and keep the services in Westerly office open available at least one day per
week.
SECTION 12. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit
System" is hereby amended to read as follows:
(a) In the month of March of each year, the department of administration shall conduct a
public hearing to determine salaries to be paid to directors of all state executive departments for the
following year, at which hearing all persons shall have the opportunity to provide testimony, orally
and in writing. In determining these salaries, the department of administration will take into
consideration the duties and responsibilities of the aforenamed officers, as well as such related
factors as salaries paid executive positions in other states and levels of government, and in
comparable positions anywhere that require similar skills, experience, or training. Consideration
shall also be given to the amounts of salary adjustments made for other state employees during the
period that pay for directors was set last.
(b) Each salary determined by the department of administration will be in a flat amount,
exclusive of such other monetary provisions as longevity, educational incentive awards, or other
fringe additives accorded other state employees under provisions of law, and for which directors
are eligible and entitled.
(c) In no event will the department of administration lower the salaries of existing directors
during their term of office.
(d) Upon determination by the department of administration, the proposed salaries of
directors will be referred to the general assembly by the last day in April of that year to go into
effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting
concurrently within that time.
(e) Notwithstanding the provisions of this section, for 2015 2022 only, the time period for
the department of administration to conduct the public hearing shall be extended to July September
and the proposed salaries shall be referred to the general assembly by August 30 October 30. The
salaries may take effect before next year, but all other provisions of this section shall apply.
(f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only,
the salaries of the director of the department of transportation, the secretary of health and human
services, and the director of administration shall be determined by the governor.
(g)(f) Notwithstanding the provisions of this section or any law to the contrary, for 2021
2022 only, the salary of the director of the department of children, youth and families shall be
determined by the governor.
SECTION 13. Section 41-5.2-2 of the General Laws in Chapter 41-5.2 entitled "Mixed
Martial Arts" is hereby amended to read as follows:
(a) Except as provided in subsection (b) of this section, no No mixed-martial-arts match or
exhibition for a prize or a purse, or at which an admission fee is charged, either directly or
indirectly, in the form of dues or otherwise, shall take place or be conducted in this state unless
licensed by the division of gaming and athletics licensing in accordance with this chapter.
(b) The provisions of this section shall not apply to any mixed-martial-arts match or
exhibition in which the contestants are amateurs and that is conducted under the supervision and
control of:
(1) Any educational institution recognized by the council on postsecondary education and
the council on elementary and secondary education of this state; or
(2) Any religious or charitable organization or society engaged in the training of youth and
recognized as such by the division of gaming and athletics licensing in this state.
(c) For the purposes of this section, an "amateur" means a person who engages in mixed-
martial-arts matches or exhibitions for which no cash prizes are awarded to the participants, and
for which the prize competed for, if any, shall not exceed in value the sum of twenty-five dollars
16 ($25.00).
SECTION 14. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is hereby
amended by adding thereto the following section:
The fees of the referee and other licensed officials, as established by this chapter, shall be
fixed by the division of gaming and athletics licensing, and shall be paid by the licensed
organization prior to the exhibition.
SECTION 15. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled
"Department of Administration" is hereby amended to read as follows:
(a) Establishment. Within the department of administration there shall be established the
division of capital asset management and maintenance ("DCAMM"). Any prior references to the
division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within
the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall
be appointed by the director of administration. The director of DCAMM shall have the following
responsibilities:
(1) Oversee, coordinate, and manage the operating budget, personnel, and functions of
DCAMM in carrying out the duties described below;
(2) Review agency capital-budget requests to ensure that the request is consistent with
strategic and master facility plans for the state of Rhode Island;
(3) Promulgate and adopt regulations necessary to carry out the purposes of this section.
(b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property
and state-owned facilities in a manner that meets the highest standards of health, safety, security,
accessibility, energy efficiency, and comfort for citizens and state employees and ensures
appropriate and timely investments are made for state property and facility maintenance.
(c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties and
responsibilities:
(1) To oversee all new construction and rehabilitation projects on state property, not
including property otherwise assigned outside of the executive department by Rhode Island general
laws or under the control and supervision of the judicial branch;
(2) To assist the department of administration in fulfilling any and all capital-asset and
maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public
buildings) or any other provision of law, including, but not limited to, the following statutory duties
provided in § 42-11-2:
(i) To maintain, equip, and keep in repair the state house, state office buildings, and other
premises, owned or rented by the state, for the use of any department or agency, excepting those
buildings, the control of which is vested by law in some other agency;
(ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings and
property, real and personal;
(iii) To require reports from state agencies on the buildings and property in their custody;
(iv) To issue regulations to govern the protection and custody of the property of the state;
(v) To assign office and storage space, and to rent and lease land and buildings, for the use
of the several state departments and agencies in the manner provided by law;
(vi) To control and supervise the acquisition, operation, maintenance, repair, and
replacement of state-owned motor vehicles by state agencies;
(3) To generally manage, oversee, protect, and care for the state's properties and facilities,
not otherwise assigned by Rhode Island general laws, including, but not limited to, the following
duties:
(i) Space management, procurement, usage, and/or leasing of private or public space;
(ii) Care, maintenance, cleaning, and contracting for such services as necessary for state
property;
(iii) Capital equipment replacement;
(iv) Security of state property and facilities unless otherwise provided by law;
(v) Ensuring Americans with Disabilities Act (ADA) compliance;
(vi) Responding to facilities emergencies;
(vii) Managing traffic flow on state property;
(viii) Grounds keeping/landscaping/snow-removal services;
(ix) Maintenance and protection of artwork and historic artifacts;
(x) On or before August 31 of 2022 and each April 1 thereafter to submit to the division of
municipal finance a comprehensive list of all real property owned by the state as of the preceding
8 December 31 to facilitate the purposes of § 45-13-5.1. The comprehensive list and all other
information provided shall be in a format prescribed by the division of municipal finance. The
division of municipal finance shall subsequently provide to DCAMM a certified list of all
properties eligible under § 45-13-5.1 for identification in the statewide database established under
§ 42-11-2.9(d). Any changes to the comprehensive list of all real property owned by the state after
the list has been supplied to the division of municipal finance shall require notification to the
division of municipal finance within thirty (30) days.
(4) To manage and oversee state fleet operations.
(d) All state agencies shall participate in a statewide database and/or information system
for capital assets, that shall be established and maintained by DCAMM.
(1) Beginning January 1, 2023, all state agencies, departments, boards, commissions,
corporations, authorities, quasi-state agencies, councils, or other political subdivisions that utilize
real property shall provide DCAMM any information, documentary and otherwise, that may be
necessary or desirable to facilitate the purposes of § 42-11-2.9(c)(3)(x) by March 1 annually, or §
42-11-2.9(d) as required by DCAMM. The administrative head of each submitting entity shall attest
to the accuracy and completeness of the information in writing.
(e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following boards,
offices, and functions:
(1) Office of planning, design, and construction (PDC);
(2) Office of facilities management and maintenance (OFMM);
28 (3) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
29 (4) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
30 (5) Office of risk management (§ 37-11-1 et seq.);
31 (6) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].
(7) Office of state fleet operations (§ 42-11-2.4(d)).
(f) The boards, offices, and functions assigned to DCAMM shall:
(1) Exercise their respective powers and duties in accordance with their statutory authority
and the general policy established by the director of DCAMM or in accordance with the powers
and authorities conferred upon the director of DCAMM by this section;
(2) Provide such assistance or resources as may be requested or required by the director of
DCAMM or the director of administration;
(3) Provide such records and information as may be requested or required by the director
of DCAMM or the director of administration; and
(4) Except as provided herein, no provision of this chapter or application thereof shall be
construed to limit or otherwise restrict the offices stated above from fulfilling any statutory
requirement or complying with any valid rule or regulation.
SECTION 16. Section 42-142-8 of the General Laws in Chapter 42-142 entitled
"Department of Revenue" is hereby amended to read as follows:
(a) The director of the department of revenue is authorized to establish within the
department of revenue a collection unit for the purpose of assisting state agencies in the collection
of debts owed to the state. The director of the department of revenue may enter into an agreement
with any state agency(ies) to collect any delinquent debt owed to the state.
(b) The director of the department of revenue shall initially implement a pilot program to
assist the agency(ies) with the collection of delinquent debts owed to the state.
(c) The agency(ies) participating in the pilot program shall refer to the collection unit
within the department of revenue, debts owed by delinquent debtors where the nature and amount
of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject
of a written settlement agreement and/or written waiver agreement and the delinquent debtor has
failed to timely make payments under the agreement and/or waiver and is therefore in violation of
the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision
and the debtor has not timely appealed the order or decision; (iii) The subject of final order,
judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed
the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent
debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section.
(d) Any agency(ies) entering into an agreement with the department of revenue to allow
the collection unit of the department to collect a delinquent debt owed to the state shall indemnify
the department of revenue against injuries, actions, liabilities, or proceedings arising from the
collection, or attempted collection, by the collection unit of the debt owed to the state.
(e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the
debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right
to appeal that decision not less than thirty (30) days before the debt is submitted to the collection
unit.
(f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency
shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and
federal laws and regulations relating to the collection of the debt, including, but not limited to, the
requirement to provide the debtor with the notice of referral to the collection unit under subsection
(e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting
documentation including, but not limited to, notices, invoices, ledgers, correspondence,
agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt
to collect the delinquent debt.
(g) The referring agency(ies) shall assist the collection unit by providing any and all
information, expertise, and resources deemed necessary by the collection unit to collect the
delinquent debts referred to the collection unit.
(h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the
delinquent debt shall accrue interest at the annual rate of interest established by law for the referring
agency or at an annual rate of 13%, whichever percentage rate is greater.
(i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit
shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that:
(1) The delinquent debt has been referred to the collection unit for collection; and
(2) The collection unit will initiate, in its names, any action that is available under state law
for the collection of the delinquent debt, including, but not limited to, referring the debt to a third
party to initiate said action.
(j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the
department of revenue shall have the authority to institute, in its name, any action(s) that are
available under state law for collection of the delinquent debt and interest, penalties, and/or fees
thereon and to, with or without suit, settle the delinquent debt.
(k) In exercising its authority under this section, the collection unit shall comply with all
state and federal laws and regulations related to the collection of debts.
(l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment,
the collection unit shall disburse/deposit the proceeds of the payment in the following order:
(1) To the appropriate federal account to reimburse the federal government funds owed to
them by the state from funds recovered; and
(2) The balance of the amount collected to the referring agency.
(m) Notwithstanding the above, the establishment of a collection unit within the department
of revenue shall be contingent upon an annual appropriation by the general assembly of amounts
necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the
collection unit including, but not limited to, computer hardware and software, maintenance of the
computer system to manage the system, and personnel to perform work within the collection unit.
(n) In addition to the implementation of any pilot program, the collection unit shall comply
with the provisions of this section in the collection of all delinquent debts under this section.
(o) The department of revenue is authorized to promulgate rules and regulations as it deems
appropriate with respect to the collection unit.
(p) By September 1, 2020, and each year thereafter, the department of revenue shall
specifically assess the performance, effectiveness, and revenue impact of the collections associated
with this section, including, but not limited to, the total amounts referred and collected by each
referring agency during the previous state fiscal year to the governor, the speaker of the house of
representatives, the president of the senate, the chairpersons of the house and senate finance
committees, and the house and senate fiscal advisors. The report shall include the net revenue
impact to the state of the collection unit.
(q) No operations of a collection unit pursuant to this chapter shall be authorized after June
17 30, 2023 2033.
SECTION 17. Title 42 of the General Laws entitled "State Affairs and Government" is
hereby amended by adding thereto the following chapter:
CHAPTER 162
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROGRAM
The general assembly finds and declares that:
(1) The 2021 act on climate establishes mandatory, economy-wide greenhouse gas
emissions reduction targets; and
(2) To meet these goals, Rhode Island must accelerate its adoption of more sustainable
transportation solutions, including electric vehicles; and
(3) The widespread adoption of electric vehicles will necessitate investment in and
deployment of electric vehicle charging infrastructure; and
(4) Electric vehicle charging infrastructure must be made accessible to all Rhode Island
citizens and businesses, and deployed in an equitable manner; and
(5) The installation of electric vehicle charging infrastructure and other clean energy
investments will support statewide economic development and job growth in the clean energy
sector.
As used in this chapter, the following terms, unless the context requires a different
interpretation, shall have the following meanings:
(1) "Department" means the department of transportation.
(2) "Electric vehicle charging infrastructure" means equipment that supplies electricity to
charge electric vehicles, including charging stations and balance of plant.
(3) "Electric vehicle charging infrastructure funds" means but is not limited to, federal
funds allocated for electric vehicle charging infrastructure from the federal infrastructure
investment and jobs act and any funds allocated as state match to federal funds.
(4) "Federal funds" means monies allocated for electric vehicle charging infrastructure
from the infrastructure investment and jobs act.
(5) "Office" means the office of energy resources.
(a) There is hereby established an electric vehicle charging infrastructure investment
program. The department and office shall, in consultation with the department of environmental
management, establish the electric vehicle charging infrastructure investment program to be
administered by the office in consultation with the department.
(b) The department and office, in consultation with the department of environmental
management, shall propose draft program and investment criteria on the electric vehicle charging
infrastructure investment program and accept public comment for thirty (30) days. The draft shall
specify the incentive levels, eligibility criteria, and program rules for electric vehicle charging
infrastructure incentives. The program and investment criteria shall be finalized by the office and
department after the public comment period closes and include responses to submitted public
comments.
(c) The department and office shall provide a website for the electric vehicle charging
infrastructure investment program to support public accessibility.
28 42-162-4. Reporting.
29 The department and office shall provide a report to the governor and general assembly by
30 December 31, 2023, on the results of the electric vehicle charging infrastructure investment
program. The department and office shall provide an annual report to the governor and general
assembly until the federal funds have been completely utilized.
SECTION 18. This article shall take effect upon passage.
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RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
SECTION 1. This Article shall serve as the joint resolution required pursuant to Rhode
Island Laws § 35-18-1, et seq.
SECTION 2. University of Rhode Island – Facilities Service Sector Upgrade.
WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode
Island are proposing a project which involves the design and construction to enhance and
reorganize the facilities within the service sector for more efficient and effective operations;
WHEREAS, the University has engaged qualified architectural and engineering firms to
perform master planning for this purpose;
WHEREAS, in the last few decades, the University has made significant improvements to
the campus infrastructure and building inventory that house academic functions, student activities,
and athletic events for the University’s faculty and students;
WHEREAS, it is in the best interest of the State, University, and the students and faculty
to have these improvements maintained and repaired;
WHEREAS, the University’s facilities group has the responsibility for maintenance and
repair of these 5.8 million square feet, comprising approximately 25% of the State’s real estate
portfolio;
WHEREAS, the buildings housing the facilities group were built in the 1950s through
1970s, have passed the end of their 40-year useful life, and are in need of substantial capital renewal
or replacement;
WHEREAS, such improvements to the facilities group’s buildings are necessary to allow
for the ongoing support of the campus; and
WHEREAS, the total project cost associated with completion of this phase of the project
and proposed financing method is thirteen million dollars ($13,000,000), including cost of issuance,
debt service payments would be supported by revenues derived from the University’s unrestricted
general revenues, and total debt service on the bonds is not expected to exceed one million one
hundred fifty thousand dollars ($1,150,000) annually and twenty-three million dollars
($23,000,000) in the aggregate based on an average interest rate of six (6%) percent; now, therefore
be it
RESOLVED, that this General Assembly hereby approves financing in an amount not to
exceed thirteen million dollars ($13,000,000) for the facilities service sector upgrade project at the
University of Rhode Island; and be it further
RESOLVED, that, this Joint Resolution shall take effect upon passage by this General
Assembly.
SECTION 3. University of Rhode Island – Utility Infrastructure Upgrade Phase II.
WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode
Island are proposing a project which involves the engineering and construction of upgrades and
component replacements to five municipal-level Kingston Campus utility systems;
WHEREAS, the University has engaged qualified engineering firms to examine its major
infrastructure systems;
WHEREAS, based on the condition and capabilities of these systems, the studies have
concluded that replacement of components and reconfiguration was advisable for each of these
extensive systems to ensure necessary steam, water, sanitary, and electrical support for the
University’s campuses for the next 20-40 years;
WHEREAS, the University has also developed the required Storm Water Management
Plan for the Kingston Campus, which provides guidelines that are being incorporated into new
building projects under development and are driving stand-alone storm water infrastructure projects
as well;
WHEREAS, the University has successfully completed many extremely important
individual utility infrastructure projects in its continuing progression of work to upgrade and
replace infrastructure systems but now needs additional investments beyond annual capital
resources;
WHEREAS, this project is the second phase in a phased implementation plan to upgrade
and improve the reliability of infrastructure on the University of Rhode Island’s campuses; and
WHEREAS, the total project cost associated with completion of this phase of the project
and proposed financing method is fifteen million four hundred fifty thousand dollars ($15,450,000),
including cost of issuance, debt service payments would be supported by revenues derived from
the University’s unrestricted general revenues, and total debt service on the bonds is not expected
to exceed one million three hundred fifty thousand dollars ($1,350,000) annually and twenty-seven
million dollars ($27,000,000) in the aggregate based on an average interest rate of six (6%) percent;
now, therefore be it
RESOLVED, that this General Assembly hereby approves financing in an amount not to
exceed fifteen million four hundred fifty thousand dollars ($15,450,000) for the Utility
Infrastructure Upgrade Phase II project at the University of Rhode Island; and be it further
RESOLVED, that this Joint Resolution shall take effect upon passage by this General
Assembly.
SECTION 4. This article shall take effect upon passage.
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RELATING TO CAPITAL DEVELOPMENT PROGRAM
SECTION 1. Proposition to be submitted to the people.
At the general election to be held on the Tuesday next after the first Monday in November
2022, there shall be submitted to the people ("People") of the State of Rhode Island ("State"), for
their approval or rejection, the following proposition:
"Shall the action of the general assembly, by an act passed at the January 2022 session,
authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode
Island for the capital projects and in the amount with respect to each such project listed below be
approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in
accordance with the provisions of said act?"
Project
(1) University of Rhode Island Narragansett Bay Campus $100,000,000
Provides one hundred million dollars ($100,000,000) to fund repairs and construct new
facilities on the University of Rhode Island's Narragansett Bay Campus in support of the
educational and research needs for the marine disciplines.
(2) Rhode Island School Buildings $250,000,000
Approval of this question will allow the state of Rhode Island to issue general obligation
bonds, refunding bonds, and/or temporary notes in an amount not to exceed two hundred fifty
million dollars ($250,000,000) to provide direct funding for school construction projects, such as
the construction of new school facilities and the rehabilitation of existing school facilities.
(3) Green Economy Bonds $50,000,000
Approval of this question will allow the State of Rhode Island to issue general obligation
bonds, refunding bonds, and/or temporary notes in an amount not to exceed fifty million dollars
($50,000,000) for environmental and recreational purposes, to be allocated as follows:
(a) Municipal Resiliency $16,000,000
Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)
matching grants to municipalities for restoring and/or improving resiliency of infrastructure,
vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected
to leverage significant matching funds to support local programs to improve community resiliency
and public safety in the face of increased flooding, major storm events, and environmental
degradation.
(b) Small Business Energy Loan Program $5,000,000
Provides five million dollars ($5,000,000) for grants for small businesses to remove
impediments to clean energy project implementation and would provide zero interest and below
market rate loans for clean energy projects.
(c) Narragansett Bay and Watershed Restoration $3,000,000
Provides three million dollars ($3,000,000) for activities to restore and protect the water
quality and enhance the economic viability and environmental sustainability of Narragansett Bay
and the state's watersheds. Eligible activities include nonpoint source pollution abatement,
including stormwater management; nutrient loading abatement; commercial, industrial and
agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.
(d) Forest Restoration $3,000,000
Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and
infrastructure on state properties, including state management areas.
(e) Brownfields Remediation and Economic Development $4,000,000
Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or nonprofit entities for brownfield remediation projects.
(f) State Land Acquisition Program $3,000,000
Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or
conservation easements to open space, farmland, watershed, and recreation lands.
(g) Local Land Acquisition Matching Grant Program $2,000,000
Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to
municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
development rights, or conservation easements on open space and urban parklands.
(h) Local Recreation Development Matching Grant Program $2,000,000
Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants
to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode
Island.
(i) Roger Williams Park and Zoo $12,000,000
Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the
construction of a state-of-the-art-carbon-neutral education center.
SECTION 2. Ballot labels and applicability of general election laws.
The Secretary of State shall prepare and deliver to the State Board of Elections ballot labels
for each of the projects provided for in Section 1 hereof with the designations "approve" or "reject"
provided next to the description of each such project to enable voters to approve or reject each such
proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.
SECTION 3. Approval of projects by people.
If a majority of the People voting on the proposition in Section 1 hereof shall vote to
approve any project stated therein, said project shall be deemed to be approved by the People. The
authority to issue bonds, refunding bonds and/or temporary notes of the State shall be limited to
the aggregate amount for all such projects as set forth in the proposition, which has been approved
by the People.
SECTION 4. Bonds for capital development program.
The General Treasurer is hereby authorized and empowered, with the approval of the
Governor, and in accordance with the provisions of this act to issue capital development bonds in
serial form, in the name of and on behalf of the State of Rhode Island, in amounts as may be
specified by the Governor in an aggregate principal amount not to exceed the total amount for all
projects approved by the People and designated as "capital development loan of 2022 bonds."
Provided, however, that the aggregate principal amount of such capital development bonds and of
any temporary notes outstanding at any one time issued in anticipation thereof pursuant to Section
7 hereof shall not exceed the total amount for all such projects approved by the People. All
provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds."
Capital development bonds issued under this act shall be in denominations of one thousand
dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the
United States which at the time of payment shall be legal tender for public and private debts. These
capital development bonds shall bear such date or dates, mature at specified time or times, but not
mature beyond the end of the twentieth State fiscal year following the fiscal year in which they are
issued; bear interest payable semi-annually at a specified rate or different or varying rates: be
payable at designated time or times at specified place or places; be subject to express terms of
redemption or recall, with or without premium; be in a form, with or without interest coupons
attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration
and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,
upon each issue of such capital development bonds at the time of each issue. Whenever the
Governor shall approve the issuance of such capital development bonds, the Governor's approval
shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and
countersigned by Secretary of State and shall bear the seal of the State. The signature approval of
the Governor shall be endorsed on each bond.
SECTION 5. Refunding bonds for 2022 capital development program.
The General Treasurer is hereby authorized and empowered, with the approval of the
Governor, and in accordance with the provisions of this act, to issue bonds to refund the 2022
capital development program bonds, in the name of and on behalf of the state, in amounts as may
be specified by the Governor in an aggregate principal amount not to exceed the total amount
approved by the People, to be designated as "capital development program loan of 2022 refunding
bonds" (hereinafter "Refunding Bonds").
The General Treasurer with the approval of the Governor shall fix the terms and form of
any Refunding Bonds issued under this act in the same manner as the capital development bonds
issued under this act, except that the Refunding Bonds may not mature more than twenty (20) years
from the date of original issue of the capital development bonds being refunded.
The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and
net the underwriters' cost, and cost of bond issuance, shall, upon their receipt, be paid by the General
Treasurer immediately to the paying agent for the capital development bonds which are to be called
and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they are applied
to prepay the capital development bonds. While such proceeds are held in trust, the proceeds may
be invested for the benefit of the State in obligations of the United States of America or the State
of Rhode Island.
If the General Treasurer shall deposit with the paying agent for the capital development
bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when
invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
principal, interest, and premium, if any, on the capital development bonds until these bonds are
called for prepayment, then such capital development bonds shall not be considered debts of the
State of Rhode Island for any purpose starting from the date of deposit of such monies with the
paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.
The term "bond" shall include "note," and the term "refunding bonds" shall include
"refunding notes" when used in this act.
SECTION 6. Proceeds of capital development program.
The General Treasurer is directed to deposit the proceeds from the sale of capital
development bonds issued under this act, exclusive of premiums and accrued interest and net the
underwriters' cost, and cost of bond issuance, in one or more of the depositories in which the funds
of the State may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such
capital development bond fund") appropriately designated for each of the projects set forth in
Section 1 hereof which shall have been approved by the People to be used for the purpose of paying
the cost of all such projects so approved.
All monies in the capital development bond fund shall be expended for the purposes
specified in the proposition provided for in Section 1 hereof under the direction and supervision of
the Director of Administration (hereinafter referred to as "Director"). The Director or his or her
designee shall be vested with all power and authority necessary or incidental to the purposes of this
act, including but not limited to, the following authority: (a) to acquire land or other real property
or any interest, estate or right therein as may be necessary or advantageous to accomplish the
purposes of this act; (b) to direct payment for the preparation of any reports, plans and
specifications, and relocation expenses and other costs such as for furnishings, equipment
designing, inspecting and engineering, required in connection with the implementation of any
projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,
rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
improvements to land in connection with the implementation of any projects set forth in Section 1
hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
for repair, renovation or conversion of systems and structures as necessary for the 2022 capital
development program bonds or notes hereunder from the proceeds thereof. No funds shall be
expended in excess of the amount of the capital development bond fund designated for each project
authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section
1, the proceeds shall be used for the following purposes:
Question 1, relating to bonds in the amount of one hundred million dollars ($100,000,000)
to fund repairs and construct new facilities on the University of Rhode Island's Narragansett Bay
Campus in support of the educational and research needs for the marine disciplines.
Question 2, relating to bonds in the amount of two hundred fifty million dollars
($250,000,000) to provide funding for the construction, renovation, and rehabilitation of the state's
public schools pursuant to § 45-38.2-4 (f).
Question 3, relating to bonds in the amount of fifty million dollars ($50,000,000) for
environmental and recreational purposes, to be allocated as follows:
(a) Municipal Resiliency $16,000,000
Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)
matching grants to municipalities for restoring and/or improving resiliency of infrastructure,
vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected
to leverage significant matching funds to support local programs to improve community resiliency
and public safety in the face of increased flooding, major storm events, and environmental
degradation.
(b) Small Business Energy Loan Program $5,000,000
Provides five million dollars ($5,000,000) for grants for small businesses to remove
impediments to clean energy project implementation and would provide zero interest and below
market rate loans for clean energy projects.
(c) Narragansett Bay and Watershed Restoration $3,000,000
Provides three million dollars ($3,000,000) for activities to restore and protect the water
quality and enhance the economic viability and environmental sustainability of Narragansett Bay
and the state's watersheds. Eligible activities include nonpoint source pollution abatement,
including stormwater management; nutrient loading abatement; commercial, industrial and
agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.
(d) Forest Restoration $3,000,000
Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and
infrastructure on state properties, including state management areas.
(e) Brownfields Remediation and Economic Development $4,000,000
Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
to public, private, and/or nonprofit entities for brownfield remediation projects.
(f) State Land Acquisition Program $3,000,000
Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or
conservation easements to open space, farmland, watershed, and recreation lands.
(g) Local Land Acquisition Matching Grant Program $2,000,000
Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to
municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
development rights, or conservation easements on open space and urban parklands.
(h) Local Recreation Development Matching Grant Program $2,000,000
Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants
to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode
Island.
(i) Roger Williams Park and Zoo $12,000,000
Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the
construction of a state-of-the-art-carbon-neutral education center.
SECTION 7. Sale of bonds and notes.
Any bonds or notes issued under the authority of this act shall be sold at not less than the
principal amount thereof, in such mode and on such terms and conditions as the General Treasurer,
with the approval of the Governor, shall deem to be in the best interests of the State.
Any premiums and accrued interest, net of the cost of bond issuance and underwriter's
discount, which may be received on the sale of the capital development bonds or notes shall become
part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation
to be used for some other purpose.
In the event that the amount received from the sale of the capital development bonds or
notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be
used to the extent possible to retire the bonds as the same may become due, to redeem them in
accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the
approval of the Governor, shall deem to be in the best interests of the state.
Any bonds or notes issued under the provisions of this act and coupons on any capital
development bonds, if properly executed by the manual or electronic signatures of officers of the
State in office on the date of execution, shall be valid and binding according to their tenor,
notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall
for any reason have ceased to hold office.
SECTION 8. Bonds and notes to be tax exempt and general obligations of the State.
All bonds and notes issued under the authority of this act shall be exempt from taxation in
the State and shall be general obligations of the State, and the full faith and credit of the State is
hereby pledged for the due payment of the principal and interest on each of such bonds and notes
as the same shall become due.
SECTION 9. Investment of moneys in fund.
All monies in the capital development fund not immediately required for payment pursuant
to the provisions of this act may be invested by the investment commission, as established by
Chapter 10 of Title 35, entitled "State Investment Commission," pursuant to the provisions of such
chapter; provided, however, that the securities in which the capital development fund is invested
shall remain a part of the capital development fund until exchanged for other securities; and
provided further, that the income from investments of the capital development fund shall become
a part of the general fund of the State and shall be applied to the payment of debt service charges
of the State, unless directed by federal law or regulation to be used for some other purpose, or to
the extent necessary, to rebate to the United States treasury any income from investments (including
gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed
necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal
income taxation.
SECTION 10. Appropriation.
To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to
pay the interest and principal due each year on bonds and notes hereunder is hereby annually
appropriated out of any money in the treasury not otherwise appropriated.
SECTION 11. Advances from general fund.
The General Treasurer is authorized, with the approval of the Director and the Governor,
in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital
development bond fund for the purposes specified in Section 6 hereof, any funds of the State not
specifically held for any particular purpose; provided, however, that all advances made to the
capital development bond fund shall be returned to the general fund from the capital development
bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from
the issue of notes or bonds to the extent of such advances.
SECTION 12. Federal assistance and private funds.
In carrying out this act, the Director, or his or her designee, is authorized on behalf of the
State, with the approval of the Governor, to apply for and accept any federal assistance which may
become available for the purpose of this act, whether in the form of loan or grant or otherwise, to
accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in
connection therewith, to act as agent for the federal government in connection therewith, or to
designate a subordinate so to act. Where federal assistance is made available, the project shall be
carried out in accordance with applicable federal law, the rules and regulations thereunder and the
contract or contracts providing for federal assistance, notwithstanding any contrary provisions of
State law. Subject to the foregoing, any federal funds received for the purposes of this act shall be
deposited in the capital development bond fund and expended as a part thereof. The Director or his
or her designee may also utilize any private funds that may be made available for the purposes of
this act.
SECTION 13. Effective Date.
Sections 1, 2, 3, 11, 12 and this Section 13 of this article shall take effect upon passage.
The remaining sections of this article shall take effect when and if the State Board of Elections shall
certify to the Secretary of State that a majority of the qualified electors voting on the proposition
contained in Section 1 hereof have indicated their approval of all or any projects thereunder.
art.006/10/006/9/006/8/006/7/006/6/006/5/006/4/006/3/006/2/006/1
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RELATING TO TAXES AND REVENUES
SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing
of Health Care Facilities” is hereby amended to read as follows:
(a) There is imposed a hospital licensing fee at the rate of six percent (6%) upon the net
patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
8 January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode
Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
Services of a state plan amendment submitted by the executive office of health and human services
for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
licensing fee shall be administered and collected by the tax administrator, division of taxation
within the department of revenue, and all the administration, collection, and other provisions of
Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
on or before July 13, 2020, and payments shall be made by electronic transfer of monies to the
general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,
2020, make a return to the tax administrator containing the correct computation of net patient-
services revenue for the hospital fiscal year ending September 30, 2018, and the licensing fee due
upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
the pains and penalties of perjury.
(b) (a) There is also imposed a hospital licensing fee for state fiscal year 2021 against each
hospital in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-
services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,
2019, except that the license fee for all hospitals located in Washington County, Rhode Island shall
be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is
subject to approval by the Secretary of the U.S. Department of Health and Human Services of a
state plan amendment submitted by the executive office of health and human services for the
purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
licensing fee shall be administered and collected by the tax administrator, division of taxation
within the department of revenue, and all the administration, collection, and other provisions of
Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the
general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,
2020, make a return to the tax administrator containing the correct computation of net patient-
services revenue for the hospital fiscal year ending September 30, 2019, and the licensing fee due
upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
the pains and penalties of perjury.
(c) (b) There is also imposed a hospital licensing fee for state fiscal year 2022 against each
hospital in the state. The hospital licensing fee is equal to five and seven hundred twenty-five
thousandths percent (5.725%) five and six hundred fifty-six thousandths percent (5.656%) of the
net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
13 January 1, 2020, except that the license fee for all hospitals located in Washington County, Rhode
Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
Services of a state plan amendment submitted by the executive office of health and human services
for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
licensing fee shall be administered and collected by the tax administrator, division of taxation
within the department of revenue, and all the administration, collection, and other provisions of
Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
on or before July 13, 2022, and payments shall be made by electronic transfer of monies to the
general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,
2022, make a return to the tax administrator containing the correct computation of net patient-
services revenue for the hospital fiscal year ending September 30, 2020, and the licensing fee due
upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
the pains and penalties of perjury.
(c) There is also imposed a hospital licensing fee for state fiscal year 2023 against each
hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent
(5.42%) of the net patient-services revenue of every hospital for the hospital's first fiscal year
ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington
County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for
Washington County hospitals is subject to approval by the Secretary of the U.S. Department of
Health and Human Services of a state plan amendment submitted by the executive office of health
and human services for the purpose of pursuing a waiver of the uniformity requirement for the
hospital license fee. This licensing fee shall be administered and collected by the tax administrator,
division of taxation within the department of revenue, and all the administration, collection, and
other provisions of Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
the tax administrator on or before July 13, 2023, and payments shall be made by electronic transfer
of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
before June 15, 2023, make a return to the tax administrator containing the correct computation of
net patient-services revenue for the hospital fiscal year ending September 30, 2020, and the
licensing fee due upon that amount. All returns shall be signed by the hospital's authorized
representative, subject to the pains and penalties of perjury.
(d) For purposes of this section the following words and phrases have the following
meanings:
(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital
conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient
and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
managed care payment rates for a court-approved purchaser that acquires a hospital through
receivership, special mastership, or other similar state insolvency proceedings (which court-
approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly
negotiated rates between the court-approved purchaser and the health plan, and such rates shall be
effective as of the date that the court-approved purchaser and the health plan execute the initial
agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital
payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),
respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)
period as of July 1 following the completion of the first full year of the court-approved purchaser's
initial Medicaid managed care contract.
(2) "Gross patient-services revenue" means the gross revenue related to patient care
services.
(3) "Net patient-services revenue" means the charges related to patient care services less
(i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.
(e) The tax administrator shall make and promulgate any rules, regulations, and procedures
not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper
administration of this section and to carry out the provisions, policy, and purposes of this section.
(f) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined herein
that are duly licensed on July 1, 2020, and shall be in addition to the inspection fee imposed by §
23-17-38 and to any licensing fees previously imposed in accordance with this section.
(g) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined
herein that are duly licensed on July 1, 2021, and shall be in addition to the inspection fee imposed
by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.
(e) The licensing fee imposed by subsection (c) shall apply to hospitals as defined herein
that are duly licensed on July 1, 2022, and shall be in addition to the inspection fee imposed by §
23-17-38 and to any licensing fees previously imposed in accordance with this section.
SECTION 2. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration
Fees" is hereby amended to read as follows:
The following registration fees shall be paid to the division of motor vehicles for the
registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for
each year of registration:
(1) For the registration of every automobile, when equipped with pneumatic tires, the gross
weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).
(2) For the registration of every motor truck or tractor when equipped with pneumatic tires,
the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars
20 ($34.00).
(3) For the registration of every automobile, motor truck or tractor, when equipped with
pneumatic tires, the gross weight of which is:
(i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds
24 (5,000 lbs.): forty dollars ($40.00);
(ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds
(6,000 lbs.): forty-eight dollars ($48.00);
(iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds
28 (7,000 lbs.): fifty-six dollars ($56.00);
(iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand
pounds (8,000 lbs.): sixty-four dollars ($64.00);
(v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds
32 (9,000 lbs.): seventy dollars ($70.00);
(vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds
(10,000 lbs.): seventy-eight dollars ($78.00);
(vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand
pounds (12,000 lbs.): one hundred six dollars ($106);
(viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand
pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
(ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand
pounds (16,000 lbs.): one hundred forty dollars ($140);
(x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand
pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
(xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand
pounds (20,000 lbs.): one hundred seventy-six dollars ($176);
(xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two
thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
(xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four
thousand pounds (24,000 lbs.): two hundred ten dollars ($210);
(xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six
thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);
(xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight
thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);
(xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty
thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);
(xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two
thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);
(xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four
thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
(xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six
thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);
(xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight
thousand pounds (38,000 lbs.): five hundred and two dollars ($502);
(xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty
thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);
(xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand
pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);
(xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six
thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);
(xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand
pounds (50,000 lbs.): six hundred and sixty dollars ($660);
(xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand
pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
(xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight
thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);
(xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two
thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);
(xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six
thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);
(xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy
thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
(xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four
thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);
(xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two
dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross
weight.
(4) For the registration of every semi-trailer to be used with a truck-tractor, as defined in §
31-1-4(f), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration;
for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and
eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the
resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of
the original semi-trailer unit from which the gross weight of the tractor was determined. A
registration certificate and registration plate shall be issued for each semi-trailer so registered.
There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety
(90) days before the effective date of that year's registration, the pro rate amount, based on the
unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A
multi-year semi-trailer registration may be transferred to another semi-trailer subject to the
provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee
shall be retained by the division of motor vehicles to defray the costs of implementation of the
international registration plan (IRP) and fleet registration section.
(5) For the registration of every automobile, motor truck, or tractor, when equipped with
other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents
(10¢) for each one hundred pounds (100 lbs.) of gross weight.
(6) For the registration of every public bus, the rates provided for motor vehicles for hire
plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by
the administrator of the division of motor vehicles.
(7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars
($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education
to assist in the payment of the cost of the motorcycle driver's education program as enumerated in
7 § 31-10.1-1.1.
(8) For the registration of every trailer, not including semi-trailers used with a truck-tractor
as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, five
dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall
be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).
(9) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or
locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration,
parades, convention purposes, or social welfare work, shall be two dollars ($2.00).
(10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any
department or agency of any city or town or district, provided the name of the city or town or
district or state department or agency owning the same shall be plainly printed on two (2) sides of
the vehicle, two dollars ($2.00).
(11) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).
(12) For every duplicate registration certificate, seventeen dollars ($17.00).
(13) For every certified copy of a registration certificate or application, ten dollars ($10.00).
(14) For every certificate assigning a special identification number or mark as provided in
23 § 31-3-37, one dollar ($1.00).
(15) For every replacement of number plates or additional pair of number plates, without
changing the number, thirty dollars ($30.00).
(16) For the registration of every farm vehicle, used in farming as provided in § 31-3-31:
ten dollars ($10.00).
(17) For the registration of antique motor vehicles, five dollars ($5.00).
(18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the
gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged
in subsection (1) of this section shall be applicable and when used as a commercial vehicle and the
gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as
provided in subsection (2) of this section shall be applicable. The rates in subsection (3) of this
section shall be applicable when the suburban vehicle has a gross weight of more than four thousand
pounds (4,000 lbs.), regardless of the use of the vehicle.
(19) For the registration of every motor bus that is used exclusively under contract with a
political subdivision or school district of the state for the transportation of school children, twenty-
five dollars ($25); provided that the motor bus may also be used for the transportation of persons
to and from church and Sunday school services, and for the transportation of children to and from
educational or recreational projects sponsored by a city or town or by any association or
organization supported wholly or in part by public or private donations for charitable purposes,
without the payment of additional registration fee.
(20) For the registration of every motorized bicycle, ten dollars ($10.00).
(21) For the registration of every motorized tricycle, ten dollars ($10.00).
(22) For the replacement of number plates with a number change, twenty dollars ($20.00).
(23) For the initial issuance and each reissuance of fully reflective plates, as required by §§
31-3-10, 31-3-32, and 31-3-33, an additional eight dollars ($8.00); provided, however, for the initial
issuance of new license plates as required by § 31-3-33(c) that feature the 2022 approved design,
the fee shall be waived when the plate is issued for a vehicle with an existing registration.
(24) For the issuance of a trip permit under the International Registration Plan, twenty-five
dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour
(72) trip permits for vehicles required to be registered in the International Registration Plan that
have not been apportioned with the state of Rhode Island.
(25) For the issuance of a hunter's permit under the International Registration Plan, twenty-
five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's
permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered
in the International Registration Plan. These permits are valid for thirty (30) days.
(26) For the registration of a specially adapted motor vehicle necessary to transport a family
member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.
SECTION 3. Section 42-61-15 of the General Laws in Chapter 42-61 entitled "State
Lottery" is hereby amended to read as follows:
(a) There is created the state lottery fund, into which shall be deposited all revenues
received by the division from the sales of lottery tickets and license fees. The fund shall be in the
custody of the general treasurer, subject to the direction of the division for the use of the division,
and money shall be disbursed from it on the order of the controller of the state, pursuant to vouchers
or invoices signed by the director and certified by the director of administration. The moneys in the
state lottery fund shall be allotted in the following order, and only for the following purposes:
(1) Establishing a prize fund from which payments of the prize awards shall be disbursed
to holders of winning lottery tickets on checks signed by the director and countersigned by the
controller of the state or his or her designee.
(i) The amount of payments of prize awards to holders of winning lottery tickets shall be
determined by the division, but shall not be less than forty-five percent (45%) nor more than sixty-
five percent (65%) seventy-one percent (71%) of the total revenue accruing from the sale of lottery
tickets;
(ii) For the lottery game commonly known as "Keno," the amount of prize awards to
holders of winning Keno tickets shall be determined by the division, but shall not be less than forty-
five percent (45%) nor more than seventy-two percent (72%) of the total revenue accruing from
the sale of Keno tickets;
(2) Payment of expenses incurred by the division in the operation of the state lotteries
including, but not limited to, costs arising from contracts entered into by the director for
promotional, consulting, or operational services, salaries of professional, technical, and clerical
assistants, and purchases or lease of facilities, lottery equipment, and materials; provided however,
solely for the purpose of determining revenues remaining and available for transfer to the state's
general fund, expenses incurred by the division in the operation of state lotteries shall reflect (i)
Beginning in fiscal year 2015, the actuarially determined employer contribution to the Employees'
Retirement System consistent with the state's adopted funding policy; and (ii) Beginning in fiscal
year 2018, the actuarially determined employer contribution to the State Employees and Electing
Teachers' OPEB System consistent with the state's adopted funding policy. For financial reporting
purposes, the state lottery fund financial statements shall be prepared in accordance with generally
accepted accounting principles as promulgated by the Governmental Accounting Standards Board;
and
(3) Payment into the general revenue fund of all revenues remaining in the state lottery
fund after the payments specified in subsections (a)(1) -- (a)(2) of this section.
(b) The auditor general shall conduct an annual post audit of the financial records and
operations of the lottery for the preceding year in accordance with generally accepted auditing
standards and government auditing standards. In connection with the audit, the auditor general may
examine all records, files, and other documents of the division, and any records of lottery sales
agents that pertain to their activities as agents, for purposes of conducting the audit. The auditor
general, in addition to the annual post audit, may require or conduct any other audits or studies he
or she deems appropriate, the costs of which shall be borne by the division.
(c) Payments into the state's general fund specified in subsection (a)(3) of this section shall
be made on an estimated quarterly basis. Payment shall be made on the tenth business day following
the close of the quarter except for the fourth quarter when payment shall be on the last business
day.
SECTION 4. Section 44-1-7 of the General Laws in Chapter 44-1 entitled "State Tax
Officials" is hereby amended to read as follows:
(a) Whenever the full amount of any state tax or any portion or deficiency, as finally
determined by the tax administrator, has not been paid on the date when it is due and payable,
whether the time has been extended or not, there shall be added as part of the tax or portion or
deficiency interest at the rate as determined in accordance with subsection (b) of this section,
notwithstanding any general or specific statute to the contrary.
(b) Each January 1 the tax administrator shall compute the rate of interest to be in effect
for that calendar year by adding two percent (2%) to the prime rate, which was in effect on October
1 of the preceding year, except:
(1) Before January 1, 2023, iIn no event shall the rate of interest exceed twenty-one percent
(21%) per annum nor be less than eighteen percent (18%) per annum;.
(2) On and after January 1, 2023, in no event shall the rate of interest exceed twenty-one
percent (21%) per annum nor be less than twelve percent (12%) per annum except:
(A)for trust fund taxes as established by §§ 44-19-35 and 44-30-76, in no event shall the
rate of interest exceed twenty-one percent (21%) per annum nor be less than eighteen percent (18%)
per annum.
(c) "Prime rate" as used in subsection (b) of this section means the predominant prime rate
quoted by commercial banks to large businesses as determined by the board of governors of the
Federal Reserve System.
(d) Notwithstanding any provisions of the general laws to the contrary, the tax
administrator shall waive interest and penalty on the taxable portion of each Paycheck Protection
Program loan taxed pursuant to §§ 44-11-11(a)(1)(iv), 44-14-11, and 44-30-12(b)(8) and forgiven
during tax year 2020 provided that the tax on that portion is paid in full on or before March 31,
2022. The tax administrator shall make available suitable forms with instructions for making tax
payments on the taxable portion of such forgiven Paycheck Protection Program loans.
SECTION 5. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby
amended by adding thereto the following section:
(a) For the purposes of this chapter, "larger business registrant" means any person who:
(1) Operates as a business whose combined annual liability for all taxes administered by
the division of taxation for the entity is or exceeds five thousand dollars ($5,000); or
(2) Operated as a business whose annual gross income is over one hundred thousand dollars
($100,000) for the entity.
(b) Beginning on January 1, 2023, any larger business registrant is required to file returns
and remit taxes to the State of Rhode Island electronically.
(c) Beginning on January 1, 2023, if any larger business registrant fails to pay said taxes
by electronic funds transfer or other electronic means defined by the tax administrator as required
hereunder, there shall be added to the amount of tax the lesser of five percent (5%) of the tax
liability amount that was not filed electronically or five hundred dollars ($500), whichever is less,
unless there was reasonable cause for the failure and such failure was not due to negligence or
willful neglect.
(d) Notwithstanding the provisions of subsection (c) of this section, beginning on January
1, 2023, if any larger business registrant fails to file a return by electronic means defined by the tax
administrator as required hereunder, there shall be added to the amount of tax equal to fifty dollars
($50.00), unless there was reasonable cause for the failure and such failure was not due to
negligence or willful neglect.
SECTION 6. Section 44-3-3 of the General Laws in Chapter 44-3 entitled "Property
Subject to Taxation" is hereby amended to read as follows:
(a) The following property is exempt from taxation:
(1) Property belonging to the state, except as provided in § 44-4-4.1;
(2) Lands ceded or belonging to the United States;
(3) Bonds and other securities issued and exempted from taxation by the government of
the United States or of this state;
(4) Real estate, used exclusively for military purposes, owned by chartered or incorporated
organizations approved by the adjutant general and composed of members of the national guard,
the naval militia, or the independent, chartered-military organizations;
(5) Buildings for free public schools, buildings for religious worship, and the land upon
which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so
far as the buildings and land are occupied and used exclusively for religious or educational
purposes;
(6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or
the minimum lot size for zone in which the dwelling house is located, whichever is the greater,
owned by, or held in trust for, any religious organization and actually used by its officiating clergy;
provided, further, that in the town of Charlestown, where the property previously described in this
paragraph is exempt in total, along with dwelling houses and the land on which they stand in
Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling
house is located, whichever is the greater, owned by, or held in trust for, any religious organization
and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its
religious order;
(7) Intangible personal property owned by, or held in trust for, any religious or charitable
organization, if the principal or income is used or appropriated for religious or charitable purposes;
(8) Buildings and personal estate owned by any corporation used for a school, academy, or
seminary of learning, and of any incorporated public charitable institution, and the land upon which
the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far
as they are used exclusively for educational purposes, but no property or estate whatever is hereafter
exempt from taxation in any case where any part of its income or profits, or of the business carried
on there, is divided among its owners or stockholders; provided, however, that unless any private
nonprofit corporation organized as a college or university located in the town of Smithfield reaches
a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the
actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said
corporation commencing March 1, 2014;
(9) Estates, persons, and families of the president and professors for the time being of
Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's
estate, person, and family included, but only to the extent that any person had claimed and utilized
the exemption prior to, and for a period ending, either on or after December 31, 1996;
(10) Property especially exempt by charter unless the exemption has been waived in whole
or in part;
(11) Lots of land exclusively for burial grounds;
(12) Property, real and personal, held for, or by, an incorporated library, society, or any
free public library, or any free public library society, so far as the property is held exclusively for
library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor
generally, or for a nonprofit hospital for the sick or disabled;
(13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated
organizations of veterans of any war in which the United States has been engaged, the parent body
of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars
($400,000) if actually used and occupied by the association; provided, that the city council of the
city of Cranston may by ordinance exempt the real or personal estate as previously described in
this subdivision located within the city of Cranston to the extent of five hundred thousand dollars
4 ($500,000);
(14) Property, real and personal, held for, or by, the fraternal corporation, association, or
body created to build and maintain a building or buildings for its meetings or the meetings of the
general assembly of its members, or subordinate bodies of the fraternity, and for the
accommodation of other fraternal bodies or associations, the entire net income of which real and
personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or
asylums, a home or homes, a school or schools, for the free education or relief of the members of
the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their
wives, widows, or orphans, and any fund given or held for the purpose of public education,
almshouses, and the land and buildings used in connection therewith;
(15) Real estate and personal property of any incorporated volunteer fire engine company
or incorporated volunteer ambulance or rescue corps in active service;
(16) The estate of any person who, in the judgment of the assessors, is unable from infirmity
or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax
shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.
At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold
or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the
lien immediately becomes due and payable; any person claiming the exemption aggrieved by an
adverse decision of an assessor shall appeal the decision to the local board of tax review and
thereafter according to the provisions of § 44-5-26;
(17) Household furniture and family stores of a housekeeper in the whole, including
clothing, bedding, and other white goods, books, and all other tangible personal property items that
are common to the normal household;
(18) Improvements made to any real property to provide a shelter and fallout protection
from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that
the improvements meet applicable standards for shelter construction established, from time to time,
by the Rhode Island emergency management agency. The improvements are deemed to comply
with the provisions of any building code or ordinance with respect to the materials or the methods
of construction used and any shelter or its establishment is deemed to comply with the provisions
of any zoning code or ordinance;
(19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;
(20) Manufacturer's inventory.
(i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be
a manufacturer within a city or town within this state if that person uses any premises, room, or
place in it primarily for the purpose of transforming raw materials into a finished product for trade
through any or all of the following operations: adapting, altering, finishing, making, and
ornamenting; provided, that public utilities; non-regulated power producers commencing
commercial operation by selling electricity at retail or taking title to generating facilities on or after
8 July 1, 1997; building and construction contractors; warehousing operations, including distribution
bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing
or distribution of raw materials, such as alteration of stock for the convenience of a customer; are
excluded from this definition;
(ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's
inventory," or any similar term, means and includes the manufacturer's raw materials, the
manufacturer's work in process, and finished products manufactured by the manufacturer in this
state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;
provided, that the term does not include any finished products held by the manufacturer in any retail
store or other similar selling place operated by the manufacturer whether or not the retail
establishment is located in the same building in which the manufacturer operates the manufacturing
plant;
(iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business
in this state consists of transforming raw materials into a finished product for trade through any or
all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be
principally engaged if the gross receipts that person derived from the manufacturing operations in
this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than
fifty percent (50%) of the total gross receipts that person derived from all the business activities in
which that person engaged in this state during the taxable year. For the purpose of computing the
percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished
products manufactured by the manufacturer in this state, even though the manufacturer's store or
other selling place may be at a different location from the location of the manufacturer's
manufacturing plant in this state, are deemed to have been derived from manufacturing;
(iv) Within the meaning of the preceding paragraphs of this subdivision, the term
"manufacturer" also includes persons who are principally engaged in any of the general activities
coded and listed as establishments engaged in manufacturing in the Standard Industrial
Classification Manual prepared by the Technical Committee on Industrial Classification, Office of
Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as
revised from time to time, but eliminating as manufacturers those persons, who, because of their
limited type of manufacturing activities, are classified in the manual as falling within the trade
rather than an industrial classification of manufacturers. Among those thus eliminated, and
accordingly also excluded as manufacturers within the meaning of this paragraph, are persons
primarily engaged in selling, to the general public, products produced on the premises from which
they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and
custom tailors, except, that a person who manufactures bakery products for sale primarily for home
delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are
operated by the person, is a manufacturer within the meaning of this paragraph;
(v) The term "Person" means and includes, as appropriate, a person, partnership, or
corporation; and
(vi) The department of revenue shall provide to the local assessors any assistance that is
necessary in determining the proper application of the definitions in this subdivision;
(21) Real and tangible personal property acquired to provide a treatment facility used
primarily to control the pollution or contamination of the waters or the air of the state, as defined
in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,
reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or
standards for the control of water or air pollution or contamination, and certified as approved in an
order entered by the director of environmental management. The property is exempt as long as it is
operated properly in compliance with the order of approval of the director of environmental
management; provided, that any grant of the exemption by the director of environmental
management in excess of ten (10) years is approved by the city or town in which the property is
situated. This provision applies only to water and air pollution control properties and facilities
installed for the treatment of waste waters and air contaminants resulting from industrial
processing; furthermore, it applies only to water or air pollution control properties and facilities
placed in operation for the first time after April 13, 1970;
(22) Manufacturing machinery and equipment acquired or used by a manufacturer after
29 December 31, 1974. Manufacturing machinery and equipment is defined as:
(i) Machinery and equipment used exclusively in the actual manufacture or conversion of
raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision
(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and
development or for quality assurance of its manufactured products;
(ii) Machinery and equipment that is partially used in the actual manufacture or conversion
of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision
(20), and machinery, fixtures, and equipment used by a manufacturer for research and development
or for quality assurance of its manufactured products, to the extent to which the machinery and
equipment is used for the manufacturing processes, research and development, or quality assurance.
In the instances where machinery and equipment is used in both manufacturing and/or research and
development and/or quality assurance activities and non-manufacturing activities, the assessment
on machinery and equipment is prorated by applying the percentage of usage of the equipment for
the manufacturing, research and development, and quality-assurance activity to the value of the
machinery and equipment for purposes of taxation, and the portion of the value used for
manufacturing, research and development, and quality assurance is exempt from taxation. The
burden of demonstrating this percentage usage of machinery and equipment for manufacturing and
for research and development and/or quality assurance of its manufactured products rests with the
manufacturer; and
(iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was
purchased after July 1, 1997; provided that the city or town council of the city or town in which the
machinery and equipment is located adopts an ordinance exempting the machinery and equipment
from taxation. For purposes of this subsection, city councils and town councils of any municipality
may, by ordinance, wholly or partially exempt from taxation the machinery and equipment
discussed in this subsection for the period of time established in the ordinance and may, by
ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any
exemption permitted under this section; provided, that the ordinance does not apply to any
machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates
from a city or town in this state to another city or town in the state;
(23) Precious metal bullion, meaning any elementary metal that has been put through a
process of melting or refining, and that is in a state or condition that its value depends upon its
content and not its form. The term does not include fabricated precious metal that has been
processed or manufactured for some one or more specific and customary industrial, professional,
or artistic uses;
(24) Hydroelectric power-generation equipment, which includes, but is not limited to,
turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,
protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The
hydroelectric power-generation equipment must have been purchased after July 1, 1979, and
acquired or used by a person or corporation who or that owns or leases a dam and utilizes the
equipment to generate hydroelectric power;
(25) Subject to authorization by formal action of the council of any city or town, any real
or personal property owned by, held in trust for, or leased to an organization incorporated under
chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set
out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of
another state or the District of Columbia, the purpose of which is the conserving of open space, as
that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively
for the purposes of the organization;
(26) Tangible personal property, the primary function of which is the recycling, reuse, or
recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,
or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"
are generated primarily by the same taxpayer and where the personal property is located at, in, or
adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order
from the director of the department of environmental management certifying that the tangible
personal property has this function, which order effects a conclusive presumption that the tangible
personal property qualifies for the exemption under this subdivision. If any information relating to
secret processes or methods of manufacture, production, or treatment is disclosed to the department
of environmental management only to procure an order, and is a "trade secret" as defined in § 28-
21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is
otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;
(27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has
been paid;
(28) Real and personal property of the Providence Performing Arts Center, a non-business
corporation as of December 31, 1986;
(29) Tangible personal property owned by, and used exclusively for the purposes of, any
religious organization located in the city of Cranston;
(30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit
corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability
company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA
Building;
(31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-
for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited
liability company that is formed in connection with, or to facilitate the acquisition of, the properties
designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,
Rhode Island;
(32) The buildings, personal property, and land upon which the buildings stand, located on
Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel
001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and
is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited
exclusively to these said buildings, personal estate and land, provided that said property is owned
by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used
exclusively for a lighthouse;
(33) The Stadium Theatre Performing Arts Centre building located in Monument Square,
Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by
the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;
(34) Real and tangible personal property of St. Mary Academy — Bay View, located in
East Providence, Rhode Island;
(35) Real and personal property of East Bay Community Action Program and its
predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation
under § 501(c)(3) of the United States Internal Revenue Code;
(36) Real and personal property located within the city of East Providence of the Columbus
Club of East Providence, a Rhode Island charitable nonprofit corporation;
(37) Real and personal property located within the city of East Providence of the Columbus
Club of Barrington, a Rhode Island charitable nonprofit corporation;
(38) Real and personal property located within the city of East Providence of Lodge 2337
BPO Elks, a Rhode Island nonprofit corporation;
(39) Real and personal property located within the city of East Providence of the St.
Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;
(40) Real and personal property located within the city of East Providence of the Trustees
of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island
nonprofit corporation;
(41) Real and personal property located on the first floor of 90 Leonard Avenue within the
city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;
(42) Real and personal property located within the city of East Providence of the Cape
Verdean Museum Exhibit, a Rhode Island nonprofit corporation;
(43) The real and personal property owned by a qualified 501(c)(3) organization that is
affiliated and in good standing with a national, congressionally chartered organization and thereby
adheres to that organization's standards and provides activities designed for recreational,
educational, and character building purposes for children from ages six (6) years to seventeen (17)
years;
(44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music
School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)
of the United States Internal Revenue Code;
(45) The real and personal property located within the town of West Warwick at 211
Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven
hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East
Greenwich, a Rhode Island nonprofit corporation;
(46) Real and personal property of the Comprehensive Community Action Program, a
qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;
(47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of
the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;
(48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and
associated equipment used therewith in service after December 31, 2015;
(49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,
as defined in subsection (a) of this section, shall be exempt from taxation in accordance with
subsection (a) of this section;
(50) Real and personal property located at 415 Tower Hill Road within the town of North
Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §
501(c)(3) of the United States Internal Revenue Code;
(51) As an effort to promote business growth, tangible business or personal property, in
whole or in part, within the town of Charlestown's community limits, subject to authorization by
formal action of the town council of the town of Charlestown;
(52) All real and personal property located at 1300 Frenchtown Road, within the town of
East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New England
Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the
United States Internal Revenue Code;
(53) Real and tangible personal property of Mount Saint Charles Academy located within
the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee
Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;
Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;
(54) Real and tangible personal property of Steere House, a Rhode Island nonprofit
corporation, located in Providence, Rhode Island;
(55) Real and personal property located within the town of West Warwick of Tides Family
Services, Inc., a Rhode Island nonprofit corporation;
(56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit
corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;
(57) Real and personal property located within the town of Middletown of Lucy's Hearth,
a Rhode Island nonprofit corporation;
(58) Real and tangible personal property of Habitat for Humanity of Rhode Island—
Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode
Island;
(59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit
corporation, located in the town of West Warwick at 1249 Main Street;
(60) Real and personal property located at 321 Main Street, within the town of South
Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §
501(c)(3) of the United States Internal Revenue Code;
(61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §
501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city
council of Pawtucket may from time to time determine;
(62) Real and personal property of North Kingstown, Exeter Animal Protection League,
Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North
Kingstown, Rhode Island;
(63) Real and personal property located within the city of East Providence of Foster
Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable
nonprofit corporation;
(64) Real and personal property located at 54 Kelly Avenue within the town of East
Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit
corporation;
(65) Real and tangible personal property of Providence Country Day School, a Rhode
Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat
406, block 6, lot 6, and plat 506, block 1, lot 8;
(66) As an effort to promote business growth, tangible business or personal property, in
whole or in part, within the town of Bristol's community limits, subject to authorization by formal
action of the town council of the town of Bristol;
(67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode
Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city
of East Providence;
(68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt
corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North
Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat
4 108, lot 83;
(69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La
Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode
Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor
for the city of Providence comprising approximately 26.08 acres of land along with all buildings
and improvements that have been or may be made;
(70) Real and tangible personal property of The Providence Community Health Centers,
Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island; and
(71) In the city of Central Falls and the city of Pawtucket, real property and tangible
personal property located on or in the premise acquired or leased by a railroad entity and for the
purpose of providing boarding and disembarking of railroad passengers and the supporting
passenger railroad operations and services. For the purpose of this section, a railroad entity shall be
any incorporated entity that has been duly authorized by the Rhode Island public utilities
commission to provide passenger railroad services.
(b) Except as provided below, when a city or town taxes a for-profit hospital facility, the
value of its real property shall be the value determined by the most recent full revaluation or
statistical property update performed by the city or town; provided, however, in the year a nonprofit
hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit
hospital facility is initially established, the value of the real property and personal property of the
for-profit hospital facility shall be determined by a valuation performed by the assessor for the
purpose of determining an initial assessed value of real and personal property, not previously taxed
by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right
of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with
a direct appeal from an adverse decision to the Rhode Island superior court business calendar.
A "for-profit hospital facility" includes all real and personal property affiliated with any
hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.
Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit
hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to
stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise
becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in
that year only the amount levied by the city or town and/or the amount payable under the
stabilization agreement for that year related to the for-profit hospital facility shall not be counted
towards determining the maximum tax levy permitted under § 44-5-2.
(c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief
for businesses, including small businesses, and to promote economic development, a city, town, or
fire district may establish an exemption for tangible personal property within its geographic limits
by formal action of the appropriate governing body within the city, town, or fire district, which
exemptions shall be uniformly applied and in compliance with local tax classification requirements.
Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-
9 12.2.
SECTION 7. Chapter 44-5 of the General Laws entitled " Levy and Assessment of Local
Taxes" is hereby amended by adding thereto the following sections:
Notwithstanding any other provision of law to the contrary, the Division of Municipal
Finance (Division) within the Department of Revenue shall have the authority to grant a one-year
exemption to any city or town authorized to have a property tax classification structure under this
chapter, where in the absence of such an exemption, the city or town would not be in compliance
with its applicable tax classification structure. Any city or town seeking such an exemption shall
provide the Division with any documentation that the Division deems necessary to grant an
exemption. Such exemption, if approved by the Division, shall be limited to one year. The city or
town, if granted such an exemption, shall be required to either have applicable state legislation
approved amending the specific section of law for which the exemption was sought or adjust its
class tax rates so that the city or town is in compliance for its next fiscal year.
Notwithstanding any other provision of law to the contrary, the tax rate for the class of
property that includes tangible personal property for any city, town, or fire district that also
establishes a tangible personal property assessment exemption, pursuant to subsections (a)(51),
(a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, or any other provision of law that enables a city,
town, or fire district to establish a tangible personal property assessment exemption, shall be capped
at the tax rate in effect for the assessment date immediately preceding the assessment date on which
the exemption takes effect or the assessment date immediately following the effective date of this
section, whichever is later.
SECTION 8. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and
Use Taxes - Liability and Computation" is hereby amended to read as follows:
There are exempted from the taxes imposed by this chapter the following gross receipts:
(1) Sales and uses beyond constitutional power of state. From the sale and from the storage,
use, or other consumption in this state of tangible personal property the gross receipts from the sale
of which, or the storage, use, or other consumption of which, this state is prohibited from taxing
under the Constitution of the United States or under the constitution of this state.
(2) Newspapers.
(i) From the sale and from the storage, use, or other consumption in this state of any
newspaper.
(ii) "Newspaper" means an unbound publication printed on newsprint that contains news,
editorial comment, opinions, features, advertising matter, and other matters of public interest.
(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or
similar item unless the item is printed for, and distributed as, a part of a newspaper.
(3) School meals. From the sale and from the storage, use, or other consumption in this
state of meals served by public, private, or parochial schools, school districts, colleges, universities,
student organizations, and parent-teacher associations to the students or teachers of a school,
college, or university whether the meals are served by the educational institutions or by a food
service or management entity under contract to the educational institutions.
(4) Containers.
(i) From the sale and from the storage, use, or other consumption in this state of:
(A) Non-returnable containers, including boxes, paper bags, and wrapping materials that
are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,
when sold without the contents to persons who place the contents in the container and sell the
contents with the container.
(B) Containers when sold with the contents if the sale price of the contents is not required
to be included in the measure of the taxes imposed by this chapter.
(C) Returnable containers when sold with the contents in connection with a retail sale of
the contents or when resold for refilling.
(D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage
producers who place the alcoholic beverages in the containers.
(ii) As used in this subdivision, the term "returnable containers" means containers of a kind
customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable
containers."
(5)(i) Charitable, educational, and religious organizations. From the sale to, as in defined
in this section, and from the storage, use, and other consumption in this state, or any other state of
the United States of America, of tangible personal property by hospitals not operated for a profit;
"educational institutions" as defined in subdivision (18) not operated for a profit; churches,
orphanages, and other institutions or organizations operated exclusively for religious or charitable
purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting
leagues and associations and bands for boys and girls under the age of nineteen (19) years; the
following vocational student organizations that are state chapters of national vocational student
organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of
America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers
of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of
America (VICA); organized nonprofit golden age and senior citizens clubs for men and women;
and parent-teacher associations; and from the sale, storage, use, and other consumption in this state,
of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation.
(ii) In the case of contracts entered into with the federal government, its agencies, or
instrumentalities, this state, or any other state of the United States of America, its agencies, any
city, town, district, or other political subdivision of the states; hospitals not operated for profit;
educational institutions not operated for profit; churches, orphanages, and other institutions or
organizations operated exclusively for religious or charitable purposes, the contractor may purchase
such materials and supplies (materials and/or supplies are defined as those that are essential to the
project) that are to be utilized in the construction of the projects being performed under the contracts
without payment of the tax.
(iii) The contractor shall not charge any sales or use tax to any exempt agency, institution,
or organization but shall in that instance provide his or her suppliers with certificates in the form
as determined by the division of taxation showing the reason for exemption and the contractor's
records must substantiate the claim for exemption by showing the disposition of all property so
purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax
on the property used.
(6) Gasoline. From the sale and from the storage, use, or other consumption in this state of:
(i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the
propulsion of airplanes.
(7) Purchase for manufacturing purposes.
(i) From the sale and from the storage, use, or other consumption in this state of computer
software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and
water, when the property or service is purchased for the purpose of being manufactured into a
finished product for resale and becomes an ingredient, component, or integral part of the
manufactured, compounded, processed, assembled, or prepared product, or if the property or
service is consumed in the process of manufacturing for resale computer software, tangible personal
property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the
property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
(iii) "Consumed" includes mere obsolescence.
(iv) "Manufacturing" means and includes: manufacturing, compounding, processing,
assembling, preparing, or producing.
(v) "Process of manufacturing" means and includes all production operations performed in
the producing or processing room, shop, or plant, insofar as the operations are a part of and
connected with the manufacturing for resale of tangible personal property, electricity, natural gas,
artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
operations are a part of and connected with the manufacturing for resale of computer software.
(vi) "Process of manufacturing" does not mean or include administration operations such
as general office operations, accounting, collection, or sales promotion, nor does it mean or include
distribution operations that occur subsequent to production operations, such as handling, storing,
selling, and transporting the manufactured products, even though the administration and
distribution operations are performed by, or in connection with, a manufacturing business.
(8) State and political subdivisions. From the sale to, and from the storage, use, or other
consumption by, this state, any city, town, district, or other political subdivision of this state. Every
redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of
the municipality where it is located.
(9) Food and food ingredients. From the sale and storage, use, or other consumption in this
state of food and food ingredients as defined in § 44-18-7.1(l).
For the purposes of this exemption "food and food ingredients" shall not include candy,
soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending
machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:
(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
except sub-sector 3118 (bakeries);
(ii) Sold in an unheated state by weight or volume as a single item;
(iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries,
donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and
is not sold with utensils provided by the seller, including: plates, knives, forks, spoons,
glasses, cups, napkins, or straws.
(10) Medicines, drugs, and durable medical equipment. From the sale and from the storage,
use, or other consumption in this state, of:
(i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and
insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include
over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).
(ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including,
but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent
chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug
delivery pumps that are sold on prescription to individuals to be used by them to dispense or
administer prescription drugs, and related ancillary dressings and supplies used to dispense or
administer prescription drugs, shall also be exempt from tax.
(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the
storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),
sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses,
and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription;
and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches,
and canes.
(12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the
storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners,
urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial
garments that are ordinarily sold by a funeral director as part of the business of funeral directing.
(13) Motor vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident
of this state who does not register the motor vehicle in this state, whether the sale or delivery of the
motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle
sold to a bona fide nonresident whose state of residence does not allow a like exemption to its
nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide
nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed
in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-
20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and
collect the tax required under this subdivision and remit the tax to the tax administrator under the
provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer
is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide
nonresident as provided in this section, the dealer in computing the tax takes into consideration the
law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the
tax administrator deems reasonably necessary to substantiate the exemption provided in this
subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the
motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle
registration or a valid out-of-state driver's license.
(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of
the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or
other consumption in this state, and is subject to, and liable for, the use tax imposed under the
provisions of § 44-18-20.
(14) Sales in public buildings by blind people. From the sale and from the storage, use, or
other consumption in all public buildings in this state of all products or wares by any person
licensed under § 40-9-11.1.
(15) Air and water pollution control facilities. From the sale, storage, use, or other
consumption in this state of tangible personal property or supplies acquired for incorporation into
or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that
purpose by the director of environmental management. The director of environmental management
21 may certify to a portion of the tangible personal property or supplies acquired for incorporation
into those facilities or used and consumed in the operation of those facilities to the extent that that
portion has as its primary purpose the control of the pollution or contamination of the waters or air
of this state. As used in this subdivision, "facility" means any land, facility, device, building,
machinery, or equipment.
(16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping
accommodations at camps or retreat houses operated by religious, charitable, educational, or other
organizations and associations mentioned in subsection (5), or by privately owned and operated
summer camps for children.
(17) Certain institutions. From the rental charged for living or sleeping quarters in an
institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
(18) Educational institutions. From the rental charged by any educational institution for
living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations
to any student or teacher necessitated by attendance at an educational institution. "Educational
institution" as used in this section means an institution of learning not operated for profit that is
empowered to confer diplomas, educational, literary, or academic degrees; that has a regular
faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
school year; that keeps and furnishes to students and others records required and accepted for
entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of
which inures to the benefit of any individual.
(19) Motor vehicle and adaptive equipment for persons with disabilities.
(i) From the sale of: (A) Special adaptations; (B) The component parts of the special
adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax
administrator an affidavit of a licensed physician to the effect that the specially adapted motor
vehicle is necessary to transport a family member with a disability or where the vehicle has been
specially adapted to meet the specific needs of the person with a disability. This exemption applies
to not more than one motor vehicle owned and registered for personal, noncommercial use.
(ii) For the purpose of this subsection the term "special adaptations" includes, but is not
limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand
controls, steering devices, extensions, relocations, and crossovers of operator controls, power-
assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices
to auditory signals.
(iii) From the sale of: (a) Special adaptations, (b) The component parts of the special
adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1, and/or a "wheelchair
accessible public motor vehicle" as defined in § 39-14.1-1.
(iv) For the purpose of this subdivision the exemption for a "specially adapted motor
vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on
the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special
adaptations, including installation.
(20) Heating fuels. From the sale and from the storage, use, or other consumption in this
state of every type of heating fuel.
(21) Electricity and gas. From the sale and from the storage, use, or other consumption in
this state of electricity and gas.
(22) Manufacturing machinery and equipment.
(i) From the sale and from the storage, use, or other consumption in this state of tools, dies,
molds, machinery, equipment (including replacement parts), and related items to the extent used in
an industrial plant in connection with the actual manufacture, conversion, or processing of tangible
personal property, or to the extent used in connection with the actual manufacture, conversion, or
processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373
in the standard industrial classification manual prepared by the Technical Committee on Industrial
Classification, Office of Statistical Standards, Executive Office of the President, United States
Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment
used in the furnishing of power to an industrial manufacturing plant. For the purposes of this
subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the
manufacture, conversion, or processing of tangible personal property to be sold in the regular
course of business;
(ii) Machinery and equipment and related items are not deemed to be used in connection
with the actual manufacture, conversion, or processing of tangible personal property, or in
connection with the actual manufacture, conversion, or processing of computer software as that
term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
manual prepared by the Technical Committee on Industrial Classification, Office of Statistical
Standards, Executive Office of the President, United States Bureau of the Budget, as revised from
time to time, to be sold to the extent the property is used in administration or distribution operations;
(iii) Machinery and equipment and related items used in connection with the actual
manufacture, conversion, or processing of any computer software or any tangible personal property
that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased
from a vendor or machinery and equipment and related items used during any manufacturing,
converting, or processing function is exempt under this subdivision even if that operation, function,
or purpose is not an integral or essential part of a continuous production flow or manufacturing
process;
(iv) Where a portion of a group of portable or mobile machinery is used in connection with
the actual manufacture, conversion, or processing of computer software or tangible personal
property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
this subdivision even though the machinery in that group is used interchangeably and not otherwise
identifiable as to use.
(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other
consumption in this state of so much of the purchase price paid for a new or used automobile as is
allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
the proceeds applicable only to the automobile as are received from the manufacturer of
automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision,
the word "automobile" means a private passenger automobile not used for hire and does not refer
to any other type of motor vehicle.
(24) Precious metal bullion.
(i) From the sale and from the storage, use, or other consumption in this state of precious
metal bullion, substantially equivalent to a transaction in securities or commodities.
(ii) For purposes of this subdivision, "precious metal bullion" means any elementary
precious metal that has been put through a process of smelting or refining, including, but not limited
to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value
depends upon its content and not upon its form.
(iii) The term does not include fabricated precious metal that has been processed or
manufactured for some one or more specific and customary industrial, professional, or artistic uses.
(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of
fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the
repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use
of the vessels including provisions, supplies, and material for the maintenance and/or repair of the
vessels.
(26) Commercial fishing vessels. From the sale and from the storage, use, or other
consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and
that are used exclusively for "commercial fishing," as defined in this subdivision, and from the
repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property
purchased for the use of those vessels and other watercraft including provisions, supplies, and
material for the maintenance and/or repair of the vessels and other watercraft and the boats nets,
cables, tackle, and other fishing equipment appurtenant to or used in connection with the
commercial fishing of the vessels and other watercraft. "Commercial fishing" means taking or
attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for
profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence
fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include
vessels and other watercraft with a Rhode Island party and charter boat license issued by the
department of environmental management pursuant to § 20-2-27.1 that meet the following criteria:
(i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry
passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)
U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat
registration to prove Rhode Island home port status; and (iv) The vessel must be used as a
commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be
able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters
or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The
vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall
implement the provisions of this subdivision by promulgating rules and regulations relating thereto.
(27) Clothing and footwear. From the sales of articles of clothing, including footwear,
intended to be worn or carried on or about the human body for sales prior to October 1, 2012.
Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including
footwear, intended to be worn or carried on or about the human body up to two hundred and fifty
dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"
does not include clothing accessories or equipment or special clothing or footwear primarily
designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f). In
recognition of the work being performed by the streamlined sales and use tax governing board,
upon passage of any federal law that authorizes states to require remote sellers to collect and remit
sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The
unlimited exemption on sales of clothing and footwear shall take effect on the date that the state
requires remote sellers to collect and remit sales and use taxes.
(28) Water for residential use. From the sale and from the storage, use, or other
consumption in this state of water furnished for domestic use by occupants of residential premises.
(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes
to Decisions.] From the sale and from the storage, use, or other consumption in the state of any
canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited
to, the Old Testament and the New Testament versions.
(30) Boats.
(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
register the boat or vessel in this state or document the boat or vessel with the United States
government at a home port within the state, whether the sale or delivery of the boat or vessel is
made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30)
days after delivery by the seller outside the state for use thereafter solely outside the state.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the
tax administrator deems reasonably necessary to substantiate the exemption provided in this
subdivision, including the affidavit of the seller that the buyer represented himself or herself to be
a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
(31) Youth activities equipment. From the sale, storage, use, or other consumption in this
state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
eleemosynary organizations, for the purposes of youth activities that the organization is formed to
sponsor and support; and by accredited elementary and secondary schools for the purposes of the
schools or of organized activities of the enrolled students.
(32) Farm equipment. From the sale and from the storage or use of machinery and
equipment used directly for commercial farming and agricultural production; including, but not
limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
other farming equipment, including replacement parts appurtenant to or used in connection with
commercial farming and tools and supplies used in the repair and maintenance of farming
equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the
production within this state of agricultural products, including, but not limited to, field or orchard
crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production
provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator,
whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July
1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I
shall be based on proof of annual, gross sales from commercial farming of at least twenty-five
hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this
subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or
greater. Level II shall be based on proof of annual gross sales from commercial farming of at least
ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption
provided in this subdivision including motor vehicles with an excise tax value of five thousand
dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount
of annual gross sales from commercial farming shall be required for the prior year; for any renewal
of an exemption granted in accordance with this subdivision at either level I or level II, proof of
gross annual sales from commercial farming at the requisite amount shall be required for each of
the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly
indicate the level of the exemption and be valid for four (4) years after the date of issue. This
exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for
a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after
31 July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for
registration displaying farm plates as provided for in § 31-3-31.
(33) Compressed air. From the sale and from the storage, use, or other consumption in the
state of compressed air.
(34) Flags. From the sale and from the storage, consumption, or other use in this state of
United States, Rhode Island or POW-MIA flags.
(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor
vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or
the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service
connected or not. The motor vehicle must be purchased by and especially equipped for use by the
qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or
regulations that the tax administrator may prescribe.
(36) Textbooks. From the sale and from the storage, use, or other consumption in this state
of textbooks by an "educational institution," as defined in subsection (18) of this section, and any
educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor.
(37) Tangible personal property and supplies used in on-site hazardous waste recycling,
reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible
personal property or supplies used or consumed in the operation of equipment, the exclusive
function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes," as defined
in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same
taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the
taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department
of environmental management certifying that the equipment and/or supplies as used or consumed,
qualify for the exemption under this subdivision. If any information relating to secret processes or
methods of manufacture, production, or treatment is disclosed to the department of environmental
management only to procure an order, and is a "trade secret" as defined in § 28-21-10(b), it is not
open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of
title 28 or chapter 24.4 of title 23.
(38) Promotional and product literature of boat manufacturers. From the sale and from the
storage, use, or other consumption of promotional and product literature of boat manufacturers
shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii)
Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to
customers at no charge.
(39) Food items paid for by food stamps. From the sale and from the storage, use, or other
consumption in this state of eligible food items payment for which is properly made to the retailer
in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977,
34 7 U.S.C. § 2011 et seq.
(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-
12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed
with the Rhode Island public utilities commission on the number of miles driven or by the number
of hours spent on the job.
(41) Trade-in value of boats. From the sale and from the storage, use, or other consumption
in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-
in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only
to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards
the purchase of a new or used boat by the buyer.
(42) Equipment used for research and development. From the sale and from the storage,
use, or other consumption of equipment to the extent used for research and development purposes
by a qualifying firm. For the purposes of this subsection, "qualifying firm" means a business for
which the use of research and development equipment is an integral part of its operation and
"equipment" means scientific equipment, computers, software, and related items.
(43) Coins. From the sale and from the other consumption in this state of coins having
numismatic or investment value.
(44) Farm structure construction materials. Lumber, hardware, and other materials used in
the new construction of farm structures, including production facilities such as, but not limited to:
farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses,
fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms,
machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos,
feed storage sheds, and any other structures used in connection with commercial farming.
(45) Telecommunications carrier access service. Carrier access service or
telecommunications service when purchased by a telecommunications company from another
telecommunications company to facilitate the provision of telecommunications service.
(46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax
imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in
any year up to and including the 30th day of April next succeeding with respect to the use of any
boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in
this state for storage, including dry storage and storage in water by means of apparatus preventing
ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or
repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel.
(47) Jewelry display product. From the sale and from the storage, use, or other consumption
in this state of tangible personal property used to display any jewelry product; provided that title to
the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry
display product is shipped out of state for use solely outside the state and is not returned to the
jewelry manufacturer or seller.
(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax
imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,
use, or other consumption in this state of any new or used boat. The exemption provided for in this
subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten
percent (10%) surcharge on luxury boats is repealed.
(49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding
the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of
interstate and international, toll-free terminating telecommunication service that is used directly
and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided
that an eligible company employs on average during the calendar year no less than five hundred
(500) "full-time equivalent employees" as that term is defined in § 42-64.5-2. For purposes of this
section, an "eligible company" means a "regulated investment company" as that term is defined in
the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is
provided, directly or indirectly, to or on behalf of a regulated investment company, an employee
benefit plan, a retirement plan or a pension plan, or a state-chartered bank.
(50) Mobile and manufactured homes generally. From the sale and from the storage, use,
or other consumption in this state of mobile and/or manufactured homes as defined and subject to
taxation pursuant to the provisions of chapter 44 of title 31.
(51) Manufacturing business reconstruction materials.
(i) From the sale and from the storage, use, or other consumption in this state of lumber,
hardware, and other building materials used in the reconstruction of a manufacturing business
facility that suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any
occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of
an operating manufacturing business facility within this state. "Disaster" does not include any
damage resulting from the willful act of the owner of the manufacturing business facility.
(ii) Manufacturing business facility includes, but is not limited to, the structures housing
the production and administrative facilities.
(iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty
percent (60%) provision applies to the damages suffered at that one site.
(iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance,
this exemption does not apply.
(52) Tangible personal property and supplies used in the processing or preparation of floral
products and floral arrangements. From the sale, storage, use, or other consumption in this state of
tangible personal property or supplies purchased by florists, garden centers, or other like producers
or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are
ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements
or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers,
plants, floral products, or natural and artificial floral arrangements, including descriptive labels,
stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers,
spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers.
(53) Horse food products. From the sale and from the storage, use, or other consumption
in this state of horse food products purchased by a person engaged in the business of the boarding
of horses.
(54) Non-motorized recreational vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to
a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this
state or at the place of residence of the nonresident; provided that a non-motorized recreational
vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to
its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in
that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate
that would be imposed in his or her state of residence not to exceed the rate that would have been
imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized
recreational vehicle dealer shall add and collect the tax required under this subdivision and remit
the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided,
that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and
collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide
nonresident as provided in this section, the dealer in computing the tax takes into consideration the
law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide
nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption
provided in this subdivision, including the affidavit of a licensed, non-motorized recreational
vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and
had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or
a valid out-of-state driver's license.
(iii) Any nonresident who registers a non-motorized recreational vehicle in this state within
ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized
recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable
for, the use tax imposed under the provisions of § 44-18-20.
(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and
constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
that is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or
"pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of
title 31.
(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of
sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials
necessary and attendant to the installation of those systems that are required in buildings and
occupancies existing therein in July 2003 in order to comply with any additional requirements for
such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003
and that are not required by any other provision of law or ordinance or regulation adopted pursuant
to that act. The exemption provided in this subdivision shall expire on December 31, 2008.
(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-
18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption
in this state of any new or used aircraft or aircraft parts.
(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island
general laws, the following products shall also be exempt from sales tax: solar photovoltaic
modules or panels, or any module or panel that generates electricity from light; solar thermal
collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic,
sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and
water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold
by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and
manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not
to include materials that could be fabricated into such racks; monitoring and control equipment, if
specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind
energy systems or if required by law or regulation for such systems but not to include pumps, fans
or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral
part of, another item specified on this list; and solar storage tanks that are part of a solar domestic
hot water system or a solar space heating system. If the tank comes with an external heat exchanger
it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.
(58) Returned property. The amount charged for property returned by customers upon
rescission of the contract of sale when the entire amount exclusive of handling charges paid for the
property is refunded in either cash or credit, and where the property is returned within one hundred
twenty (120) days from the date of delivery.
(59) Dietary supplements. From the sale and from the storage, use, or other consumption
of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.
(60) Blood. From the sale and from the storage, use, or other consumption of human blood.
(61) Agricultural products for human consumption. From the sale and from the storage,
use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute
food for human consumption and of livestock of the kind the products of which ordinarily constitute
fibers for human use.
(62) Diesel emission control technology. From the sale and use of diesel retrofit technology
that is required by § 31-47.3-4.
(63) Feed for certain animals used in commercial farming. From the sale of feed for animals
as described in subsection (61) of this section.
(64) Alcoholic beverages. From the sale and storage, use, or other consumption in this state
by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and malt
beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to the
contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum markup.
(65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use,
or other consumption in this state of seeds and plants used to grow food and food ingredients as
defined in § 44-18-7.1(l)(i). "Seeds and plants used to grow food and food ingredients" shall not
include marijuana seeds or plants.
(66) Feminine hygiene products. From the sale and from the storage, use, or other
consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products
the principal use of which is feminine hygiene in connection with the menstrual cycle.
(67) Breast pump products. From the sale and from the storage, use, or other consumption
of breast pumps and breast pump collection and storage supplies, when sold to individuals for home
use and any repair or replacement parts for such products.
SECTION 9. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal
Income Tax" is hereby amended to read as follows:
(a) General. The Rhode Island income of a resident individual means his or her adjusted
gross income for federal income tax purposes, with the modifications specified in this section.
(b) Modifications increasing federal adjusted gross income. There shall be added to federal
adjusted gross income:
(1) Interest income on obligations of any state, or its political subdivisions, other than
Rhode Island or its political subdivisions;
(2) Interest or dividend income on obligations or securities of any authority, commission,
or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the
extent exempted by the laws of the United States from federal income tax but not from state income
taxes;
(3) The modification described in § 44-30-25(g);
(4) (i) The amount defined below of a nonqualified withdrawal made from an account in
the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified
withdrawal is:
(A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal
Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-
17 6.1; and
(B) A withdrawal or distribution that is:
(I) Not applied on a timely basis to pay "qualified higher education expenses" as defined
in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;
(II) Not made for a reason referred to in § 16-57-6.1(e); or
(III) Not made in other circumstances for which an exclusion from tax made applicable by
Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,
withdrawal, or distribution is made within two (2) taxable years following the taxable year for
which a contributions modification pursuant to subsection (c)(4) of this section is taken based on
contributions to any tuition savings program account by the person who is the participant of the
account at the time of the contribution, whether or not the person is the participant of the account
at the time of the transfer, rollover, withdrawal or distribution;
(ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)
of this section, there shall be added to the federal adjusted gross income of that person for the
taxable year of the withdrawal an amount equal to the lesser of:
(A) The amount equal to the nonqualified withdrawal reduced by the sum of any
administrative fee or penalty imposed under the tuition savings program in connection with the
nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the
person's federal adjusted gross income for the taxable year; and
(B) The amount of the person's contribution modification pursuant to subsection (c)(4) of
this section for the person's taxable year of the withdrawal and the two (2) prior taxable years less
the amount of any nonqualified withdrawal for the two (2) prior taxable years included in
computing the person's Rhode Island income by application of this subsection for those years. Any
amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode
Island income for residents, nonresidents and part-year residents;
(5) The modification described in § 44-30-25.1(d)(3)(i);
(6) The amount equal to any unemployment compensation received but not included in
federal adjusted gross income;
(7) The amount equal to the deduction allowed for sales tax paid for a purchase of a
qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and
(8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck
Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus
Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or
any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount
of the loan forgiven exceeds $250,000, including an individual's distributive share of the amount
of a pass-through entity's loan forgiveness in excess of $250,000.
(c) Modifications reducing federal adjusted gross income. There shall be subtracted from
federal adjusted gross income:
(1) Any interest income on obligations of the United States and its possessions to the extent
includible in gross income for federal income tax purposes, and any interest or dividend income on
obligations, or securities of any authority, commission, or instrumentality of the United States to
the extent includible in gross income for federal income tax purposes but exempt from state income
taxes under the laws of the United States; provided, that the amount to be subtracted shall in any
case be reduced by any interest on indebtedness incurred or continued to purchase or carry
obligations or securities the income of which is exempt from Rhode Island personal income tax, to
the extent the interest has been deducted in determining federal adjusted gross income or taxable
income;
30 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);
(3) The amount of any withdrawal or distribution from the "tuition savings program"
referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal
or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;
(4) Contributions made to an account under the tuition savings program, including the
"contributions carryover" pursuant to subsection (c)(4)(iv) of this section, if any, subject to the
following limitations, restrictions and qualifications:
(i) The aggregate subtraction pursuant to this subdivision for any taxable year of the
taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint
return;
(ii) The following shall not be considered contributions:
(A) Contributions made by any person to an account who is not a participant of the account
at the time the contribution is made;
(B) Transfers or rollovers to an account from any other tuition savings program account or
from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26
11 U.S.C. § 529; or
(C) A change of the beneficiary of the account;
(iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal
adjusted gross income to less than zero (0);
(iv) The contributions carryover to a taxable year for purpose of this subdivision is the
excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition
savings program for all preceding taxable years for which this subsection is effective over the sum
of:
(A) The total of the subtractions under this subdivision allowable to the taxpayer for all
such preceding taxable years; and
(B) That part of any remaining contribution carryover at the end of the taxable year which
exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable
years not included in the addition provided for in this subdivision for those years. Any such part
shall be disregarded in computing the contributions carryover for any subsequent taxable year;
(v) For any taxable year for which a contributions carryover is applicable, the taxpayer
shall include a computation of the carryover with the taxpayer's Rhode Island personal income tax
return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a
joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a
subsequent taxable year, the computation shall reflect how the carryover is being allocated between
the prior joint filers;
(5) The modification described in § 44-30-25.1(d)(1);
(6) Amounts deemed taxable income to the taxpayer due to payment or provision of
insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or
other coverage plan;
(7) Modification for organ transplantation.
(i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted
gross income if he or she, while living, donates one or more of his or her human organs to another
human being for human organ transplantation, except that for purposes of this subsection, "human
organ" means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract
modification that is claimed hereunder may be claimed in the taxable year in which the human
organ transplantation occurs.
(ii) An individual may claim that subtract modification hereunder only once, and the
subtract modification may be claimed for only the following unreimbursed expenses that are
incurred by the claimant and related to the claimant's organ donation:
(A) Travel expenses.
(B) Lodging expenses.
(C) Lost wages.
(iii) The subtract modification hereunder may not be claimed by a part-time resident or a
nonresident of this state;
(8) Modification for taxable Social Security income.
(i) For tax years beginning on or after January 1, 2016:
(A) For a person who has attained the age used for calculating full or unreduced social
security retirement benefits who files a return as an unmarried individual, head of household, or
married filing separate whose federal adjusted gross income for the taxable year is less than eighty
thousand dollars ($80,000); or
(B) A married individual filing jointly or individual filing qualifying widow(er) who has
attained the age used for calculating full or unreduced social security retirement benefits whose
joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars
($100,000), an amount equal to the social security benefits includible in federal adjusted gross
income.
(ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and
(c)(8)(i)(B) of this section shall be increased annually by an amount equal to:
(A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section
adjusted for inflation using a base tax year of 2000, multiplied by;
(B) The cost-of-living adjustment with a base year of 2000.
(iii) For the purposes of this section the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
1 average of the consumer price index as of the close of the twelve-month (12) period ending on
2 August 31, of such calendar year.
(iv) For the purpose of this section the term "consumer price index" means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section the revision of the consumer price index which is most consistent with the consumer
price index for calendar year 1986 shall be used.
(v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),
such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a
married individual filing separate return, if any increase determined under this section is not a
multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple
of twenty-five dollars ($25.00);
(9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income
from certain pension plans or annuities.
(i) For tax years beginning on or after January 1, 2017 until tax year beginning January 1,
2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax years
beginning on or after January 1, 2023 a modification shall be allowed for up to twenty thousand
dollars ($20,000), of taxable pension and/or annuity income that is included in federal adjusted
gross income for the taxable year:
(A) For a person who has attained the age used for calculating full or unreduced social
security retirement benefits who files a return as an unmarried individual, head of household, or
married filing separate whose federal adjusted gross income for such taxable year is less than the
amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not
to exceed $15,000 for tax years beginning on or after January 1, 2017 until tax year beginning
24 January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years
beginning on or after January 1, 2023, of taxable pension and/or annuity income includible in
federal adjusted gross income; or
(B) For a married individual filing jointly or individual filing qualifying widow(er) who
has attained the age used for calculating full or unreduced social security retirement benefits whose
joint federal adjusted gross income for such taxable year is less than the amount used for the
modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000
for tax years beginning on or after January 1, 2017 until tax year beginning January 1, 2022, and
an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after
January 1, 2023, of taxable pension and/or annuity income includible in federal adjusted gross
income.
(ii) Adjustment for inflation. The dollar amount contained by reference in subsections
(c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on
or after January 1, 2018, by an amount equal to:
(A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)
of this section adjusted for inflation using a base tax year of 2000, multiplied by;
(B) The cost-of-living adjustment with a base year of 2000.
(iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds
the consumer price index for the base year. The consumer price index for any calendar year is the
average of the consumer price index as of the close of the twelve-month (12) period ending on
11 August 31, of such calendar year.
(iv) For the purpose of this section, the term "consumer price index" means the last
consumer price index for all urban consumers published by the department of labor. For the purpose
of this section, the revision of the consumer price index which is most consistent with the consumer
price index for calendar year 1986 shall be used.
(v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),
such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a
married individual filing a separate return, if any increase determined under this section is not a
multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple
of twenty-five dollars ($25.00); and
(vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by
reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in
subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in
subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection
(c)(8)(i)(B), as adjusted for inflation.
(10) Modification for Rhode Island investment in opportunity zones. For purposes of a
taxpayer's state tax liability, in the case of any investment in a Rhode Island opportunity zone by
the taxpayer for at least seven (7) years, a modification to income shall be allowed for the
incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and
the federal benefit allowed under 26 U.S.C. § 1400Z-2(c).; and
(11) Modification for military service pensions.
(i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed
as follows:
(A) For the tax year beginning on January 1, 2023, a taxpayer may subtract from federal
adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted
gross income;
(ii) As used in this subsection, the term “military service” shall have the same meaning as
set forth in 20 CFR Section 212.2.
(iii) At no time shall the modification allowed under this subsection alone or in conjunction
with subsection (c)(9) exceed the amount of the military service pension received in the tax year
for which the modification is claimed.
(12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in
gross income for federal tax purposes.
(d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or
subtracted from, federal adjusted gross income (as the case may be) the taxpayer's share, as
beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-
13 30-17.
(e) Partners. The amounts of modifications required to be made under this section by a
partner, which relate to items of income or deduction of a partnership, shall be determined under §
16 44-30-15.
SECTION 10. Chapter 30 of Title 44 of the General Laws entitled "Personal Income Tax"
is amended to add Section 103 as follows:
(a) As used in this section, (1) "child" means an individual who is eighteen years of age or
under as of December 31, 2021, and (2) "eligible taxpayer" means any natural person domiciled in
this state who filed a Rhode Island state personal income tax return for the 2021 taxable year by
the due date for filing said return either as a:
(1) Single, married filing separately, head of household, or qualifying widow/widower
taxpayer with a federal adjusted gross income of $100,000.00 or less for the 2021 taxable year; or
(2) Married filing jointly with a federal adjusted gross income of $200,000.00 or less.
(b) (1) An eligible taxpayer will be issued a rebate payment in the amount of two hundred
fifty dollars for each child, up to a maximum of three children, who the eligible taxpayer validly
claims as a dependent on such taxpayer's Rhode Island state personal income tax return properly
filed with this state for the 2021 taxable year by the due date for filing said return.
(2) The rebate amount shall be determined by the division of taxation based on the eligible
taxpayer's Rhode Island state personal income tax return filed for the 2021 taxable year in
accordance with this section and no determination shall be based on amended filings received by
the division of taxation after August 31, 2022.
(3) In the case of a married couple filing separately, the rebate payment will be made to the
eligible taxpayer making the filing and in the case of a married couple filing jointly, the rebate
payment will be made jointly to the eligible taxpayers.
(4) Rebate payments made under this subsection shall not be subject to offset pursuant to
chapter 44-30.1 and shall not be considered income for the purposes of state personal income tax
under chapter 44-30 or for determining eligibility for any state program.
(5) In no event shall the rebate amount provided for in this section accrue interest for the
benefit of any eligible taxpayer.
(6) In addition to all other penalties provided under Rhode Island state law, any eligible
taxpayer that fraudulently claims a dependent on the taxpayer's Rhode Island state personal income
tax return shall pay a ten thousand dollar ($10,000) penalty for each dependent fraudulently claimed
and shall pay any rebate amount fraudulently received. The tax administrator shall have the same
powers to collect payment under this subsection as under title 44 of the general laws.
SECTION 11. Section 44-33-9 of the General Laws in Chapter 44-33 entitled "Property
Tax Relief" is hereby amended to read as follows:
The amount of any claim made pursuant to this chapter shall be determined as follows:
(1) For any taxable year, a claimant is entitled to a credit against his or her tax liability
equal to the amount by which the property taxes accrued or rent constituting property taxes accrued
upon the claimant's homestead for the taxable year exceeds a certain percentage of the claimant's
total household income for that taxable year, which percentage is based upon income level and
household size. The credit shall be computed in accordance with the following table:
Income Range 1 Person 2 or More Persons
24 less than $6000 3% 3%
25 $6001-9000 4% 4%
26 $9001-12000 5% 5%
27 $12001-15000 6% 5%
28 $15001-30000 35000 6% 6%
(2) The maximum amount of the credit granted under this chapter will be as follows:
Year Credit Maximum
Commencing July 1977 $55.00
Commencing July 1978 $150.00
Commencing July 1979 $175.00
Commencing July 1980 $200.00
Commencing on July 1997 and subsequent years $250.00
Commencing on July 2006 $300.00
Commencing July 2007 and subsequent years until July 2022, the credit shall be increased,
at a minimum, to the maximum amount to the nearest five dollars ($5.00) increment within the
allocation of five one-hundredths of one percent (0.05%) of net terminal income derived from video
lottery games up to a maximum of five million dollars ($5,000,000) until a maximum credit of five
hundred dollars ($500) is obtained pursuant to the provisions of § 42-61-15. In no event shall the
exemption in any fiscal year be less than the prior fiscal year.
Commencing July 2022 the maximum credit shall be six hundred dollars ($600).
Commencing July 2023 and subsequent years, the income range provided pursuant to
subsection (1) of this section and the maximum credit granted pursuant to subsection (2) of this
section shall be adjusted by the percentage increase in the Consumer Price Index for all Urban
Consumers (CPI-U) as published by the United States Department of Labor Statistics determined
as of September 30 of the prior calendar years. Said adjustment shall be compounded annually and
shall be rounded up to the nearest five dollar ($5.00) increment. In no event shall the income range
or the maximum credit in any fiscal year be less than the prior fiscal year.
SECTION 12. Chapter 44-34.1 of the General Laws entitled "Motor Vehicle and Trailer
Excise Tax Elimination Act of 1998" is hereby amended by adding thereto the following section:
(a) Notwithstanding any provisions of the general or public laws to the contrary, for each
city, town, and fire district, except for the city of East Providence:
(1) The motor vehicle and trailer excise tax established by § 44-34-1 shall be repealed
effective July 1, 2022. For fiscal year 2023 and thereafter, no tax shall be levied.
(2) For fiscal year 2023, each city, town, and fire district shall receive a reimbursement
equal to the amount it received in fiscal year 2017 plus its FY 2018 baseline amount (“FY 2023
reimbursement amount”). A city, town, or fire district is entitled to receive additional
reimbursement in fiscal year 2023 as follows:
(i) If the department of revenue certifies that a city, town, or fire district’s budgeted motor
vehicle levy for the assessment date of December 31, 2021 is in excess of its FY 2023
reimbursement amount, the city, town, or fire district shall be reimbursed the difference between
such motor vehicle levy and its FY2023 reimbursement amount.
(3) Any fire district reimbursement amounts outstanding as of the effective date of this act
shall be distributed by August 1, 2022.
(4) For fiscal year 2024 and thereafter, cities, towns, and fire districts shall receive
reimbursements in accordance with § 44-34.1-2.
(b) Notwithstanding any provisions of the general or public laws to the contrary, for the
city of East Providence the following shall apply:
(1) It shall levy the excise tax in its fiscal year 2022 because its implementation of the
phase out was delayed by one year to match its fiscal year.
(2) The motor vehicle and trailer excise tax established by § 44-34-1 shall be repealed
effective July 1, 2023.
(3) For its fiscal year 2023 and thereafter, no tax shall be levied, and the city of East
Providence shall receive reimbursements in accordance with § 44-34.1-2.
SECTION 13. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid"
is hereby amended to read as follows:
(a) Whenever the director of revenue computes the relative wealth of municipalities for the
purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or
she shall base it on the full value of all property except:
(1) That exempted from taxation by acts of the general assembly and reimbursed under §
45-13-5.1 of the general laws, which shall have its value calculated as if the payment in lieu of tax
revenues received pursuant to § 45-13-5.1, has resulted from a tax levy;
(2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by
a special public law or by reason of agreements between a municipality and the economic
development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not
have its value included;
(3) That whose tax levy or assessed value is based on tax treaty agreements or tax
stabilization agreements in force prior to May 15, 2005, which shall not have its value included;
(4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,
27 2005;
(5) Any other property exempt from taxation under state law; or
(6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space
Land.; or
(7) Any property exempt from taxation, in whole or in part, under the provisions of
subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, or any other provision of law
that enables a city, town, or fire district to establish a tangible personal property exemption, which
shall have its value calculated as the full value of the property minus the exemption amount.
(b) The tax levy of each municipality and fire district shall be adjusted for any real estate
and personal property exempt from taxation by act of the general assembly by the amount of
payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating
to property tax from certain exempt private and state properties, and for any property subject to any
payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in
force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such
agreements.
(c) Fire district tax levies within a city or town shall be included as part of the total levy
attributable to that city or town.
(d) The changes as required by subsections (a) through (c) of this section shall be
incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008
and thereafter.
SECTION 14. Section 8 of this article shall take effect on October 1, 2022. Sections 1
through 7 and Sections 9 through 13 shall take effect upon passage.
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art.007/5
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RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2022
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
this act, the following general revenue amounts are hereby appropriated out of any money in the
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2022.
The amounts identified for federal funds and restricted receipts shall be made available pursuant to
section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
his or her orders upon the general treasurer for the payment of such sums or such portions thereof
as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
11 | FY 2022 | FY 2022 | FY 2022 | |
12 | Enacted | Change | FINAL | |
13 | Administration | |||
14 | Central Management | |||
15 | General Revenues | 2,569,679 | 2,221,733 | 4,791,412 |
16 | Federal Funds | 261,031,499 | 29,273,381 | 290,304,880 |
17 | Total - Central Management | 263,601,178 | 31,495,114 | 295,096,292 |
18 | Legal Services | |||
19 | General Revenues | 2,262,149 | (68,400) | 2,193,749 |
20 | Accounts and Control | |||
21 | General Revenues | 4,103,385 | 341,438 | 4,444,823 |
22 | Federal Funds | |||
23 | Federal Funds – State Fiscal Recovery Fund | |||
24 | Pandemic Recovery Office | 0 | 7,011,307 | 7,011,307 |
25 | Capital Projects Fund | |||
26 | CPF Administration | 0 | 15,137 | 15,137 |
27 | Restricted Receipts - | |||
28 | OPEB Board Administration | 137,697 | (414) | 137,283 |
29 | Restricted Receipts - | |||
30 | Grants Management Administration | 9,096,567 | (4,299,480) | 4,797,087 |
1 Total - Accounts and Control | 13,337,649 | 3,067,988 | 16,405,637 |
2 Office of Management and Budget | |||
3 General Revenues | 8,285,227 | 275,363 | 8,560,590 |
4 Federal Funds | 224,755 | (112,823) | 111,932 |
5 Restricted Receipts | 300,000 | 0 | 300,000 |
6 Other Funds | 1,117,615 | 92,179 | 1,209,794 |
7 Total - Office of Management and Budget | 9,927,597 | 254,719 | 10,182,316 |
8 Purchasing | |||
9 General Revenues | 3,275,536 | 131,126 | 3,406,662 |
10 Restricted Receipts | 298,059 | 122,368 | 420,427 |
11 Other Funds | 497,386 | 58,034 | 555,420 |
12 Total - Purchasing | 4,070,981 | 311,528 | 4,382,509 |
13 Human Resources | |||
14 General Revenues | 1,099,549 | (200,000) | 899,549 |
15 Personnel Appeal Board | |||
16 General Revenues | 120,050 | 5,305 | 125,355 |
17 Information Technology | |||
18 General Revenues | 721,340 | 74,802,044 | 75,523,384 |
Provided that of this general revenue amount, $75,000,000 shall be transferred to the
Information Technology Investment Fund by June 30, 2022.
21 Restricted Receipts 9,625,165 (419,412) 9,205,753
22 Provided that of the total available in the Information Technology Investment Fund as of
23 July 1, 2021, $50.0 million shall be made available for the implementation and development of the
Enterprise Resource Planning Information Technology Improvements project. Provided further that
$17.0 million shall be made available for a new child welfare system to replace the current Rhode
26 Island Children’s Information System. | |||
27 Total - Information Technology | 10,346,505 | 74,382,632 | 84,729,137 |
28 Library and Information Services | |||
29 General Revenues | 1,640,558 | 73,667 | 1,714,225 |
30 Federal Funds | 3,796,916 | 520,390 | 4,317,306 |
31 Restricted Receipts | 6,990 | 0 | 6,990 |
32 Total - Library and Information Services | 5,444,464 | 594,057 | 6,038,521 |
33 Planning | |||
34 General Revenues | 663,930 | 38,593 | 702,523 |
1 Federal Funds | 22,700 | 72,748 | 95,448 |
2 Other Funds | |||
3 Air Quality Modeling | 24,000 | 0 | 24,000 |
4 Federal Highway - | |||
5 PL Systems Planning | 3,483,469 | 356,040 | 3,839,509 |
6 State Transportation Planning Match | 485,673 | 97,047 | 582,720 |
7 FTA - Metro Planning Grant | 1,241,337 | 90,479 | 1,331,816 |
8 Total - Planning | 5,921,109 | 654,907 | 6,576,016 |
9 General | |||
10 General Revenues | |||
11 Miscellaneous Grants/Payments | 130,000 | 0 | 130,000 |
Provided that this amount be allocated to City Year for the Whole School Whole Child
Program, which provides individualized support to at-risk students.
14 Torts - Courts/Awards | 650,000 | 1,244,711 | 1,894,711 |
15 Resource Sharing and State Library Aid | 9,562,072 | 0 | 9,562,072 |
16 Library Construction Aid | 2,102,866 | 0 | 2,102,866 |
17 Advance Payment of Pension Deferrals | 0 | 61,780,491 | 61,780,491 |
18 Transfer to RICAP Fund | 0 | 563,000,000 | 563,000,000 |
19 Federal Funds - State Fiscal Recovery Fund | |||
20 Aid to the Convention Center | 0 | 5,000,000 | 5,000,000 |
Provided that these federal funds shall be allocated to provide operating support to the
Rhode Island Convention Center Authority.
23 Restricted Receipts | 700,000 | 0 | 700,000 |
24 Other Funds | |||
25 Rhode Island Capital Plan Funds | |||
26 Security Measures State Buildings | 500,000 | 356,355 | 856,355 |
27 Energy Efficiency Improvements | 1,250,000 | 0 | 1,250,000 |
28 Cranston Street Armory | 325,000 | 937 | 325,937 |
29 State House Renovations | 1,478,000 | (92,000) | 1,386,000 |
30 Zambarano Utilities & Infrastructure | 1,350,000 | 43,887 | 1,393,887 |
31 Replacement of Fueling Tanks | 800,000 | 244,770 | 1,044,770 |
32 Environmental Compliance | 400,000 | 65,961 | 465,961 |
33 Big River Management Area | 250,000 | 97,461 | 347,461 |
34 Shepard Building | 1,500,000 | 466,635 | 1,966,635 |
1 Pastore Center Water Tanks & Pipes | 100,000 | 107,681 | 207,681 |
2 RI Convention Center Authority | 2,000,000 | 0 | 2,000,000 |
3 Pastore Center Power Plant Rehabilitation | 734,000 | 544,484 | 1,278,484 |
4 Accessibility - Facility Renovations | 1,000,000 | 392,736 | 1,392,736 |
5 DoIT Enterprise Operations Center | 800,000 | (550,000) | 250,000 |
6 BHDDH MH & Community Facilities | |||
7 - Asset Protection | 300,000 | 7,228 | 307,228 |
8 BHDDH DD & Community Homes | |||
9 - Fire Code | 325,000 | 430,265 | 755,265 |
10 BHDDH DD Regional Facilities | |||
11 - Asset Protection | 450,000 | 68,295 | 518,295 |
12 BHDDH Substance Abuse | |||
13 - Asset Protection | 375,000 | 145,442 | 520,442 |
14 BHDDH Group Homes | 750,000 | 48,130 | 798,130 |
15 Statewide Facility Master Plan | 116,467 | 71,783 | 188,250 |
16 Cannon Building | 800,000 | 313,028 | 1,113,028 |
17 Old State House | 100,000 | 375,952 | 475,952 |
18 State Office Building | 100,000 | 77,594 | 177,594 |
19 State Office Reorganization & Relocation | 500,000 | 1,375,286 | 1,875,286 |
20 William Powers Building | 1,800,000 | 529,937 | 2,329,937 |
21 Pastore Center Utilities Upgrade | 175,000 | 216,042 | 391,042 |
22 Pastore Center Non-Medical Buildings | |||
23 - Asset Protection | 3,170,000 | 343,000 | 3,513,000 |
24 Washington County Government Center | 500,000 | 104,892 | 604,892 |
25 Chapin Health Laboratory | 500,000 | 185,650 | 685,650 |
26 Medical Examiner New Facility | 4,500,000 | (4,000,000) | 500,000 |
27 560 Jefferson Blvd Asset Protection | 150,000 | 0 | 150,000 |
28 Arrigan Center | 197,500 | 0 | 197,500 |
29 Dunkin Donuts Center | 2,300,000 | 0 | 2,300,000 |
30 Pastore Center Building Demolition | 1,000,000 | 0 | 1,000,000 |
31 Veterans Auditorium | 285,000 | 0 | 285,000 |
32 Pastore Center Medical Buildings | |||
33 - Asset Protection | 750,000 | 0 | 750,000 |
34 Total - General | 44,775,905 | 632,996,633 | 677,772,538 |
1 Debt Service Payments
2 General Revenues 145,424,890 (2,741,127) 142,683,763
Out of the general revenue appropriations for debt service, the General Treasurer is
authorized to make payments for the I-195 Redevelopment District Commission loan up to the
maximum debt service due in accordance with the loan agreement.
| 244,774 | 39,450,176 |
8 Investment Receipts - Bond Funds 100,000 | 0 | 100,000 |
9 Total - Debt Service Payments 184,730,292 | (2,496,353) | 182,233,939 |
| 755,701 | 1,517,179 |
12 Restricted Receipts 8,791,172 | 6,981,510 | 15,772,682 |
13 Total - Energy Resources 9,552,650 | 7,737,211 | 17,289,861 |
| 189,846 | 3,010,182 |
16 Federal Funds 5,239,671 | 1,108,939 | 6,348,610 |
17 Restricted Receipts 16,842,483 | (1,712,681) | 15,129,802 |
18 Total - Rhode Island Health Benefits 19 Exchange 24,902,490 | (413,896) | 24,488,594 |
| (125,980) | 1,119,988 |
22 Other Funds 112,623 | 7,932 | 120,555 |
23 Total - Office of Diversity, Equity & Opportunity 1,358,591 | (118,048) | 1,240,543 |
| 10,084,615 | 19,439,613 |
26 Federal Funds 4,363,888 | (1,819,820) | 2,544,068 |
27 Total - Capital Asset Management and Maintenance13,718,886 | 8,264,795 | 21,983,681 |
28 Grand Total - Administration 595,170,045 | 756,468,192 | 1,351,638,237 |
| 220,173 | 3,452,857 |
| 315,966 | 1,936,790 |
34 Restricted Receipts 75,000 | (11,500) | 63,500 |
1 Total - Banking Regulation | 1,695,824 | 304,466 | 2,000,290 |
2 Securities Regulation | |||
3 General Revenues | 817,118 | (21,035) | 796,083 |
4 Restricted Receipts | 15,000 | 0 | 15,000 |
5 Total - Securities Regulation | 832,118 | (21,035) | 811,083 |
6 Insurance Regulation | |||
7 General Revenues | 4,152,139 | 54,330 | 4,206,469 |
8 Restricted Receipts | 2,033,882 | 12,887 | 2,046,769 |
9 Total - Insurance Regulation | 6,186,021 | 67,217 | 6,253,238 |
10 Office of the Health Insurance Commissioner | |||
11 General Revenues | 1,659,713 | 64,842 | 1,724,555 |
12 Federal Funds | 120,000 | 143,728 | 263,728 |
13 Restricted Receipts | 496,092 | 41,829 | 537,921 |
14 Total - Office of the Health | |||
15 Insurance Commissioner | 2,275,805 | 250,399 | 2,526,204 |
16 Board of Accountancy | |||
17 General Revenues | 5,883 | (393) | 5,490 |
18 Commercial Licensing and Gaming and Athletics Licensing | |||
19 General Revenues | 1,053,287 | 118,368 | 1,171,655 |
20 Restricted Receipts | 890,069 | 14,574 | 904,643 |
21 Total - Commercial Licensing and Gaming and | |||
22 Athletics Licensing | 1,943,356 | 132,942 | 2,076,298 |
23 Building, Design and Fire Professionals | |||
24 General Revenues | 6,697,958 | 1,357,219 | 8,055,177 |
25 Federal Funds | 186,000 | 548,611 | 734,611 |
26 Restricted Receipts | 1,844,025 | 721,516 | 2,565,541 |
27 Other Funds | |||
28 Quonset Development Corporation | 67,928 | 3,292 | 71,220 |
29 Total - Building, Design and Fire Professionals | 8,795,911 | 2,630,638 | 11,426,549 |
30 Office of Cannabis Regulation | |||
31 Restricted Receipts | 1,165,441 | 521,103 | 1,686,544 |
32 Grand Total - Business Regulation | 26,133,043 | 4,105,510 | 30,238,553 |
33 Executive Office of Commerce | |||
34 Central Management |
1 General Revenues | 2,202,211 | (273,047) | 1,929,164 |
2 Federal Funds | 7,311,225 | (236,612) | 7,074,613 |
3 Total - Central Management | 9,513,436 | (509,659) | 9,003,777 |
4 Housing and Community Development | |||
5 General Revenues | 26,046,591 | 13,194,711 | 39,241,302 |
6 Federal Funds | |||
7 Federal Funds | 16,066,986 | 10,928,934 | 26,995,920 |
8 Federal Funds - State Fiscal Recovery Fund | |||
9 OHIC – Predevelopment & Capacity Bldg. | 0 | 500,000 | 500,000 |
10 Development of Affordable Housing | 0 | 15,000,000 | 15,000,000 |
11 Homelessness Assistance Program | 0 | 1,500,000 | 1,500,000 |
12 Site Acquisition | 0 | 12,000,000 | 12,000,000 |
13 Restricted Receipts | 7,698,884 | (33,952) | 7,664,932 |
14 Total - Housing and Community Development | 49,812,461 | 53,089,693 | 102,902,154 |
15 Quasi-Public Appropriations | |||
16 General Revenues | |||
17 Rhode Island Commerce Corporation | 7,659,565 | 0 | 7,659,565 |
18 Airport Impact Aid | 1,010,036 | 0 | 1,010,036 |
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2021
at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation
shall make an impact payment to the towns or cities in which the airport is located based on this
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 | 0 | 900,000 |
29 Innovative Matching Grants/Internships | 1,000,000 | 0 | 1,000,000 |
30 I-195 Redevelopment District Commission | 761,000 | 0 | 761,000 |
31 Polaris Manufacturing Grant | 350,000 | 0 | 350,000 |
32 East Providence Waterfront Commission | 50,000 | 0 | 50,000 |
33 Urban Ventures | 140,000 | 0 | 140,000 |
34 Chafee Center at Bryant | 476,200 | 0 | 476,200 |
1 Quonset Development Corporation | 1,200,000 | 0 | 1,200,000 |
| 1,000,000 6,000,000 | 0 0 | 1,000,000 6,000,000 |
6 I-195 Redevelopment District Commission | 578,000 | 246,117 | 824,117 |
7 Quonset Point Davisville Pier | 0 | 20,274 | 20,274 |
| 21,124,801 1,000,000 | 266,391 0 | 21,391,192 1,000,000 |
12 Rebuild RI Tax Credit Fund | 52,500,000 | 0 | 52,500,000 |
13 Small Business Promotion | 300,000 | 0 | 300,000 |
14 Small Business Assistance | 650,000 | 0 | 650,000 |
| 56,234,176 | (31,536,441) | 24,697,735 |
| 0 | 13,000,000 | 13,000,000 |
| 110,684,176 1,600,000 | (18,536,441) 0 | 92,147,735 1,600,000 |
| 0 | 32,000,000 | 32,000,000 |
26 Statewide Broadband Planning and Mapping | 0 | 500,000 | 500,000 |
27 Total - Commerce Programs | 1,600,000 | 32,500,000 | 34,100,000 |
28 Grand Total - Executive Office of Commerce | 192,734,874 | 66,809,984 | 259,544,858 |
| 712,826 | 491,438 | 1,204,264 |
32 Restricted Receipts | 126,519 | 239,325 | 365,844 |
| 839,345 | 730,763 | 1,570,108 |
1 General Revenues | 904,898 | (145,623) | 759,275 |
2 Federal Funds | 18,817,837 | 6,928,345 | 25,746,182 |
3 Other Funds | 82,525 | (74,717) | 7,808 |
4 Total - Workforce Development Services | 19,805,260 | 6,708,005 | 26,513,265 |
5 Workforce Regulation and Safety | |||
6 General Revenues | 3,489,965 | 445,290 | 3,935,255 |
7 Income Support | |||
8 General Revenues | 3,801,667 | 432,637 | 4,234,304 |
9 Federal Funds | 407,411,048 | (18,966,273) | 388,444,775 |
10 Restricted Receipts | 2,770,811 | 374,166 | 3,144,977 |
11 Other Funds | |||
12 Temporary Disability Insurance Fund | 205,490,965 | 3,795,691 | 209,286,656 |
13 Employment Security Fund | 284,125,000 | (65,950,000) | 218,175,000 |
14 Total - Income Support | 903,599,491 | (80,313,779) | 823,285,712 |
15 Injured Workers Services | |||
16 Restricted Receipts | 11,172,336 | (90,028) | 11,082,308 |
17 Labor Relations Board | |||
18 General Revenues | 407,364 | 43,414 | 450,778 |
19 Governor’s Workforce Board | |||
20 General Revenues | 6,050,000 | 0 | 6,050,000 |
Provided that $600,000 of these funds shall be used for enhanced training for direct care
and support services staff to improve resident quality of care and address the changing health care
needs of nursing facility residents due to higher acuity and increased cognitive impairments
pursuant to Rhode Island General Laws, Section 23-17.5-36.
25 Federal Funds | 9,536,150 | (2,348,437) | 7,187,713 |
26 Restricted Receipts | 13,849,054 | 4,229,823 | 18,078,877 |
27 Total - Governor’s Workforce Board | 29,435,204 | 1,881,386 | 31,316,590 |
28 Grand Total - Labor and Training | 968,748,965 | (70,594,949) | 898,154,016 |
| 1,792,985 | 214,524 | 2,007,509 |
| 889,151 | (58,420) | 830,731 |
34 Lottery Division |
1 Other Funds | 434,215,853 | (67,571,040) | 366,644,813 |
| 1,718,168 | (60,262) | 1,657,906 |
4 Federal Funds | 131,957,594 | 0 | 131,957,594 |
5 Total - Municipal Finance | 133,675,762 | (60,262) | 133,615,500 |
| 32,673,073 | 2,019,962 | 34,693,035 |
8 Restricted Receipts | 2,221,812 | 0 | 2,221,812 |
| 155,000 | 2,419 | 157,419 |
11 Total - Taxation | 35,049,885 | 2,022,381 | 37,072,266 |
| 30,331,973 | 1,485,718 | 31,817,691 |
14 Federal Funds | 462,404 | (227,223) | 235,181 |
15 Restricted Receipts | 1,692,587 | (200,000) | 1,492,587 |
| 32,486,964 12,384,458 | 1,058,495 0 | 33,545,459 12,384,458 |
| 46,089,504 | 0 | 46,089,504 |
22 Motor Vehicle Excise Tax Payments | 139,656,362 | (9,959,698) | 129,696,664 |
23 Property Revaluation Program | 1,503,677 | 0 | 1,503,677 |
24 Restricted Receipts | 995,120 | 0 | 995,120 |
25 Total - State Aid | 200,629,121 | (9,959,698) | 190,669,423 |
| 828,769 | (36,566) | 792,203 |
28 Grand Total - Revenue | 839,568,490 | (74,390,586) | 765,177,904 |
| 44,844,662 | 7,169,866 | 52,014,528 |
31 Restricted Receipts | 1,782,425 | 119,192 | 1,901,617 |
32 Grand Total - Legislature | 46,627,087 | 7,289,058 | 53,916,145 |
| 1,199,161 | 64,193 | 1,263,354 |
1 Secretary of State | |||
2 Administration | |||
3 General Revenues | 3,633,858 | 320,272 | 3,954,130 |
4 Corporations | |||
5 General Revenues | 2,539,285 | 5,589 | 2,544,874 |
6 State Archives | |||
7 General Revenues | 243,954 | (73,903) | 170,051 |
8 Federal Funds | 0 | 12,000 | 12,000 |
9 Restricted Receipts | 447,148 | 167,724 | 614,872 |
10 Total - State Archives | 691,102 | 105,821 | 796,923 |
11 Elections and Civics | |||
12 General Revenues | 2,067,371 | 131,371 | 2,198,742 |
13 Federal Funds | 1,810,000 | 190,835 | 2,000,835 |
14 Total - Elections and Civics | 3,877,371 | 322,206 | 4,199,577 |
15 State Library | |||
16 General Revenues | 768,685 | 57,915 | 826,600 |
Provided that $125,000 be allocated to support the Rhode Island Historical Society
pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
Office of Public Information
21 General Revenues | 521,918 | 48,395 | 570,313 |
22 Receipted Receipts | 25,000 | 0 | 25,000 |
23 Total - Office of Public Information | 546,918 | 48,395 | 595,313 |
24 Grand Total - Secretary of State | 12,057,219 | 860,198 | 12,917,417 |
| |||
27 General Revenues | 2,582,131 | (13,169) | 2,568,962 |
28 Federal Funds | 308,416 | 43,838 | 352,254 |
29 Other Funds | |||
30 Temporary Disability Insurance Fund | 263,421 | 26,469 | 289,890 |
31 Tuition Savings Program - Administration | 382,476 | 19,650 | 402,126 |
32 Total -Treasury | 3,536,444 | 76,788 | 3,613,232 |
33 State Retirement System | |||
34 Restricted Receipts |
1 Admin Expenses - State Retirement System | 11,427,273 | 741,282 | 12,168,555 |
2 Retirement - Treasury Investment Operations | 1,871,467 | 132,032 | 2,003,499 |
3 Defined Contribution - Administration | 300,234 | 11,681 | 311,915 |
4 Total - State Retirement System | 13,598,974 | 884,995 | 14,483,969 |
5 Unclaimed Property | |||
6 Restricted Receipts | 28,902,766 | (26,340,120) | 2,562,646 |
7 Crime Victim Compensation Program | |||
8 General Revenues | 646,179 | 197,986 | 844,165 |
9 Federal Funds | 422,493 | 16 | 422,509 |
10 Restricted Receipts | 713,007 | (155,013) | 557,994 |
11 Total - Crime Victim Compensation Program | 1,781,679 | 42,989 | 1,824,668 |
12 Grand Total - General Treasurer | 47,819,863 | (25,335,348) | 22,484,515 |
13 Board of Elections | |||
14 General Revenues | 2,671,768 | 112,128 | 2,783,896 |
15 Rhode Island Ethics Commission | |||
16 General Revenues | 1,867,351 | 102,295 | 1,969,646 |
17 Office of Governor | |||
18 General Revenues | 6,553,626 | 432,260 | 6,985,886 |
19 Contingency Fund | 150,000 | 0 | 150,000 |
20 Federal Funds | 0 | 24,840 | 24,840 |
21 Grand Total - Office of Governor | 6,703,626 | 457,100 | 7,160,726 |
22 Commission for Human Rights | |||
23 General Revenues | 1,486,581 | 93,527 | 1,580,108 |
24 Federal Funds | 422,418 | (17,097) | 405,321 |
25 Grand Total - Commission for Human Rights | 1,908,999 | 76,430 | 1,985,429 |
26 Public Utilities Commission | |||
27 Federal Funds | 540,253 | 25,871 | 566,124 |
28 Restricted Receipts | 11,926,093 | 1,135,262 | 13,061,355 |
29 Grand Total - Public Utilities Commission | 12,466,346 | 1,161,133 | 13,627,479 |
| |||
32 General Revenues | 44,961,144 | 153,975 | 45,115,119 |
33 Federal Funds | |||
34 Federal Funds | 121,027,873 | 22,486,948 | 143,514,821 |
1 Federal Funds - State Fiscal Recovery Fund | |||
2 Pediatric Recovery | 0 | 7,500,000 | 7,500,000 |
3 Early Intervention Recovery | 0 | 5,500,000 | 5,500,000 |
4 Restricted Receipts | 22,897,651 | (3,222,251) | 19,675,400 |
5 Total - Central Management | 188,886,668 | 32,418,672 | 221,305,340 |
6 Medical Assistance | |||
7 General Revenues | |||
8 Managed Care | 344,346,294 | (26,915,101) | 317,431,193 |
9 Hospitals | 94,772,895 | 44,724,663 | 139,497,558 |
Of the general revenue funding, $2.0 million shall be provided for Graduate Medical
Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center
and $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care.
13 Nursing Facilities | 147,255,515 | (24,301,355) | 122,954,160 |
14 Home and Community Based Services | 43,405,421 | (4,833,101) | 38,572,320 |
15 Other Services | 128,944,587 | (5,756,473) | 123,188,114 |
16 Pharmacy | 69,142,220 | (250,000) | 68,892,220 |
17 Rhody Health | 188,362,579 | (16,385,299) | 171,977,280 |
18 Other Programs | 39,000,000 | (39,000,000) | 0 |
509,180,803 | 26,288,004 | 535,468,807 | |
21 Hospitals | 120,363,721 | 97,712,580 | 218,076,301 |
22 Nursing Facilities | 201,490,261 | (10,144,421) | 191,345,840 |
23 Home and Community Based Services | 59,310,041 | 717,639 | 60,027,680 |
24 Other Services | 751,902,189 | 6,894,697 | 758,796,886 |
25 Pharmacy | 57,780 | (50,000) | 7,780 |
26 Rhody Health | 255,260,108 | 9,662,612 | 264,922,720 |
27 Other Programs | 36,288,580 | 109,110,000 | 145,398,580 |
28 Restricted Receipts | 17,792,796 | 23,562,204 | 41,355,000 |
29 Total - Medical Assistance | 3,006,875,790 | 191,036,649 | 3,197,912,439 |
3,195,762,458 | 223,455,321 | 3,419,217,779 | |
14,120,765 | 344,452 | 14,465,217 |
Federal Funds
Managed Care
Grand Total - Office of Health and Human
Services
Children, Youth, and Families
Central Management
General Revenues
The director of the department of children, youth and families shall provide to the speaker
of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,
a report on its progress implementing the accreditation plan filed in accordance with Rhode Island
General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The
report shall, at minimum, provide data regarding recruitment and retention efforts including
attaining and maintaining a diverse workforce, documentation of newly filled and vacated
positions, and progress towards reducing worker caseloads.
| 4,914,204 | (439,524) | 4,474,680 |
| 0 | 12,500,000 | 12,500,000 |
12 Total - Central Management | 19,034,969 | 12,404,928 | 31,439,897 |
| 7,579,739 | (480,373) | 7,099,366 |
15 Federal Funds | 6,718,331 | 2,765,911 | 9,484,242 |
16 Total - Children's Behavioral Health Services | 14,298,070 | 2,285,538 | 16,583,608 |
| 21,401,081 | 768,354 | 22,169,435 |
19 Federal Funds | 274,541 | 138,226 | 412,767 |
| 0 250,000 | 314,298 0 | 314,298 250,000 |
24 Total - Juvenile Correctional Services | 21,925,622 | 1,220,878 | 23,146,500 |
| 149,983,357 | 2,072,010 | 152,055,367 |
27 Federal Funds | 69,549,337 | (2,452,218) | 67,097,119 |
28 Restricted Receipts | 1,487,111 | (40,841) | 1,446,270 |
29 Total - Child Welfare | 221,019,805 | (421,049) | 220,598,756 |
| 200,000 | 0 | 200,000 |
32 Grand Total - Children, Youth, and Families | 276,478,466 | 15,490,295 | 291,968,761 |
|
1 General Revenues | 3,232,283 | 59,509 | 3,291,792 |
2 Federal Funds | 4,631,858 | (37,633) | 4,594,225 |
3 Restricted Receipts | 27,871,484 | (1,616,371) | 26,255,113 |
Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
in this line item that are derived from grants authorized under The Coronavirus Preparedness and
Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); and
the Consolidated Appropriations Act, 2021 (P.L. 116-260),; and the American Rescue Plan Act of
2021 (P.L. 117-2), are hereby subject to the review and prior approval of the Director of
Management and Budget. No obligation or expenditure of these funds shall take place without such
12 approval. | |||
13 Total - Central Management | 35,735,625 | (1,594,495) | 34,141,130 |
14 Community Health and Equity | |||
15 General Revenues | 1,325,578 | (678,224) | 647,354 |
16 Federal Funds | 72,626,719 | 4,767,979 | 77,394,698 |
17 Restricted Receipts | 39,122,956 | 624,905 | 39,747,861 |
18 Total - Community Health and Equity | 113,075,253 | 4,714,660 | 117,789,913 |
19 Environmental Health | |||
20 General Revenues | 5,744,839 | 71,935 | 5,816,774 |
21 Federal Funds | 7,382,886 | 1,774,821 | 9,157,707 |
22 Restricted Receipts | 738,436 | 217,031 | 955,467 |
23 Total - Environmental Health | 13,866,161 | 2,063,787 | 15,929,948 |
24 Health Laboratories and Medical Examiner | |||
25 General Revenues | 10,149,765 | 1,015,293 | 11,165,058 |
26 Federal Funds | 2,398,469 | 448,312 | 2,846,781 |
27 Other Funds | |||
28 Rhode Island Capital Plan Funds | |||
29 Health Laboratories & Medical | |||
30 Examiner Equipment | 600,000 | 0 | 600,000 |
31 Total - Health Laboratories and Medical Examiner 13,148,234 | 1,463,605 | 14,611,839 | |
32 Customer Services | |||
33 General Revenues 7,729,808 | 414,753 | 8,144,561 | |
34 Federal Funds 5,158,613 | 1,183,696 | 6,342,309 |
1 Restricted Receipts | 2,094,387 | 180,419 | 2,274,806 |
| 14,982,808 908,676 | 1,778,868 51,531 | 16,761,676 960,207 |
5 Federal Funds | 2,934,574 | 573,587 | 3,508,161 |
6 Restricted Receipts | 1,103,113 | 45,008 | 1,148,121 |
7 Total - Policy, Information and Communications | 4,946,363 | 670,126 | 5,616,489 |
| 101,356 | 2,040,597 | |
| (10,751,462) (10,650,106) | 20,408,301 22,448,898 | |
13 COVID-19 | |||
14 General Revenues | 0 | 245,509,915 | 245,509,915 |
15 Federal Funds | 241,991,855 | (135,192,646) | 106,799,209 |
16 Total - COVID-19 | 241,991,855 | 110,317,269 | 352,309,124 |
17 Grand Total - Health | 470,845,303 | 108,763,714 | 579,609,017 |
| 5,119,898 | 51,800 | 5,171,698 |
Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide
direct services through the Coalition Against Domestic Violence, $250,000 to support Project
Reach activities provided by the RI Alliance of Boys and Girls Clubs, $217,000 is for outreach and
supportive services through Day One, $350,000 is for food collection and distribution through the
Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the
Study and Practice of Nonviolence’s Reduction Strategy.
28 Federal Funds | 7,961,909 | 1,237,174 | 9,199,083 |
29 Restricted Receipts | 150,000 | 550,000 | 700,000 |
30 Total - Central Management | 13,231,807 | 1,838,974 | 15,070,781 |
31 Child Support Enforcement | |||
32 General Revenues | 2,933,192 | 169,170 | 3,102,362 |
33 Federal Funds | 8,889,388 | (206,785) | 8,682,603 |
34 Restricted Receipts | 4,100,000 | (63,961) | 4,036,039 |
1 Total - Child Support Enforcement | 15,922,580 | (101,576) | 15,821,004 |
2 Individual and Family Support | |||
3 General Revenues | 39,411,638 | 203,946 | 39,615,584 |
4 Federal Funds | |||
5 Federal Funds | 204,300,917 | (1,209,215) | 203,091,702 |
6 Federal Funds - State Fiscal Recovery Fund | |||
7 Child Care Support | 0 | 19,000,000 | 19,000,000 |
8 Restricted Receipts | 255,255 | 1,256,086 | 1,511,341 |
9 Other Funds | |||
10 Rhode Island Capital Plan Funds | |||
11 Blind Vending Facilities | 165,000 | 108,062 | 273,062 |
12 Total - Individual and Family Support | 244,132,810 | 19,358,879 | 263,491,689 |
13 Office of Veterans Services | |||
14 General Revenues | 28,573,995 | 2,612,031 | 31,186,026 |
15 Of this amount, $200,000 is to provide support services through Veterans’ organizations. | |||
16 Federal Funds | 11,296,289 | 2,003,311 | 13,299,600 |
17 Restricted Receipts | 1,571,061 | 107,180 | 1,678,241 |
18 Other Funds | |||
19 Rhode Island Capital Plan Funds | |||
20 Veterans Home Asset Protection | 350,000 | 0 | 350,000 |
21 Veterans Cemetery | |||
22 Crypt Installation/Expansion | 380,000 | (220,000) | 160,000 |
23 Total - Office of Veterans Services | 42,171,345 | 4,502,522 | 46,673,867 |
24 Health Care Eligibility | |||
25 General Revenues | 8,265,046 | (116,526) | 8,148,520 |
26 Federal Funds | 13,473,195 | 375,206 | 13,848,401 |
27 Total - Health Care Eligibility | 21,738,241 | 258,680 | 21,996,921 |
28 Supplemental Security Income Program | |||
29 General Revenues | 17,950,819 | (210,919) | 17,739,900 |
30 Rhode Island Works | |||
31 General Revenues | 8,659,085 | (597,687) | 8,061,398 |
32 Federal Funds | 86,375,347 | (20,035,835) | 66,339,512 |
33 Total - Rhode Island Works | 95,034,432 | (20,633,522) | 74,400,910 |
34 Other Programs |
1 | General Revenues | 851,704 | 25,496 | 877,200 |
2 Of this appropriation, $90,000 shall be used for hardship contingency payments. | ||||
3 Federal Funds | 254,157,901 | 171,000,000 | 425,157,901 | |
4 Restricted Receipts | 8,000 | 0 | 8,000 | |
5 Total - Other Programs | 255,017,605 | 171,025,496 | 426,043,101 | |
6 Office of Healthy Aging | ||||
7 General Revenues | 12,130,918 | (131,713) | 11,999,205 |
Of this amount, $325,000 is to provide elder services, including respite, through the
Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term
Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for
housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000
for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on
13 | Wheels. | ||
14 Federal Funds | 20,607,297 | 4,406,646 | 25,013,943 |
15 Restricted Receipts | 106,161 | (45,434) | 60,727 |
16 Other Funds | |||
17 Intermodal Surface Transportation Fund | 4,269,970 | 115,741 | 4,385,711 |
18 Total - Office of Healthy Aging | 37,114,346 | 4,345,240 | 41,459,586 |
19 Grand Total - Human Services | 742,313,985 | 180,383,774 | 922,697,759 |
Behavioral Healthcare, Developmental Disabilities, and Hospitals
Central Management
22 General Revenues | 5,000,299 | (2,213,054) | 2,787,245 |
23 Federal Funds | 1,352,665 | (621,192) | 731,473 |
24 Total - Central Management | 6,352,964 | (2,834,246) | 3,518,718 |
25 Hospital and Community System Support | |||
26 General Revenues | 3,433,367 | (2,024,752) | 1,408,615 |
27 Federal Funds | 9,899 | 830,273 | 840,172 |
28 Restricted Receipts | 300,000 | (43,710) | 256,290 |
29 Total - Hospital and Community System Support | 3,743,266 | (1,238,189) | 2,505,077 |
30 Services for the Developmentally Disabled | |||
31 General Revenues | 145,293,304 | (3,379,136) | 141,914,168 |
Of this general revenue funding, $16,780,500 shall be expended on certain community-
based department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)
developmental disability private provider and self-directed consumer direct care service worker
raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff
and residential or other community-based setting must first receive the approval of BHDDH. A
total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance
with most recent consent decree initiatives of which all unexpended or unencumbered balances, at
the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately
available for the same purposes.
Provided that of this general revenue funding, $18,451,626 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct
support staff and residential or other community-based setting must first receive the approval of
BHDDH.
Provided further that of this general revenue funding, a total of $1,000,000 shall be
expended on state infrastructure to implement and manage compliance with most recent consent
decree initiatives and a total of $406,700 shall be expended on technology acquisition for
individuals within the developmental disabilities system. For these two designations of general
revenue funding, all unexpended or unencumbered balances at the end of the fiscal year shall be
reappropriated to the ensuing fiscal year and made immediately available for the same purpose.
19 Federal Funds 189,882,388 (977,448) 188,904,940
Of this federal funding, $22,964,880 shall be expended on certain community-based
department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)
developmental disability private provider and self-directed consumer direct care service worker
raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff
and residential or other community-based setting must first receive the approval of BHDDH. A
total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance
with most recent consent decree initiatives of which all unexpended or unencumbered balances, at
the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately
available for the same purposes.
Provided that of this federal funding, $26,917,505 shall be expended on certain
community-based department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH) developmental disability private provider and self-directed consumer direct care service
worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct
support staff and residential or other community-based setting must first receive the approval of
BHDDH.
Provided further that of this federal funding, a total of $1,000,000 shall be expended on
state infrastructure to implement and manage compliance with most recent consent decree
initiatives and a total of $593,300 shall be expended on technology acquisition for individuals
within the developmental disabilities system. For these two designations of federal funding, all
unexpended or unencumbered balances at the end of the fiscal year shall be reappropriated to the
ensuing fiscal year and made immediately available for the same purpose.
| (134,600) 98,802 | 1,275,700 198,802 |
11 Total - Services for the Developmentally Disabled 336,685,992 | (4,392,382) | 332,293,610 |
| 1,047,974 | 3,293,727 |
14 Federal Funds 53,811,306 | (8,312,045) | 45,499,261 |
15 Restricted Receipts 2,476,600 | (8,718) | 2,467,882 |
16 Total - Behavioral Healthcare Services 58,533,659 | (7,272,789) | 51,260,870 |
| (12,134,073) | 103,836,027 |
19 Federal Funds 2,003,522 | 22,217,912 | 24,221,434 |
| 25,000 300,000 | 34,750 600,000 |
24 Total - Hospital and Community Rehabilitative 25 Services 118,283,372 | 10,408,839 | 128,692,211 |
| (5,328,767) | 518,270,486 |
| 68,338 | 1,104,557 |
30 Federal Funds 207,307 | (145,333) | 61,974 |
31 Grand Total - Office of the Child Advocate 1,243,526 | (76,995) | 1,166,531 |
| 83,903 | 739,765 |
34 Restricted Receipts 162,802 | (82,482) | 80,320 |
1 Grand Total - Comm. On Deaf and Hard-of-Hearing | 818,664 | 1,421 | 820,085 |
| 582,860 | (12,061) | 570,799 |
4 Livable Home Modification Grant Program | 507,850 | 39,474 | 547,324 |
Provided that this will be used for home modification and accessibility enhancements to
construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
This will be in consultation with the Executive Office of Health and Human Services. All
unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the
ensuing fiscal year, and made immediately available for the same purpose.
10 Federal Funds | 380,316 | (1,658) | 378,658 |
11 Restricted Receipts | 59,455 | 10,970 | 70,425 |
12 Total - Governor’s Commission on Disabilities | 1,530,481 | 36,725 | 1,567,206 |
| 680,190 | 41,144 | 721,334 |
| Strategy | ||
17 General Revenues | 24,339,679 | 944,855 | 25,284,534 |
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
support child opportunity zones through agreements with the Department of Elementary and
Secondary Education to strengthen education, health and social services for students and their
families as a strategy to accelerate student achievement.
23 Federal Funds 324,772,666 (8,083,897) 316,688,769
Provided that $684,000 from the Department’s administrative share of Individuals with
Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to
support the Rhode Island Vision Education and Services Program.
27 Restricted Receipts | |||
28 Restricted Receipts | 1,766,808 | 1,247,785 | 3,014,593 |
29 HRIC Adult Education Grants | 3,500,000 | 0 | 3,500,000 |
30 Total - Admin. of the Comprehensive Ed. Strategy | 354,379,153 | (5,891,257) | 348,487,896 |
31 Davies Career and Technical School | |||
32 General Revenues | 14,437,904 | 78,953 | 14,516,857 |
33 Federal Funds | 4,546,489 | (3,144,232) | 1,402,257 |
34 Restricted Receipts | 4,819,592 | (300,217) | 4,519,375 |
| ||
3 Davies School HVAC 900,000 | (873,500) | 26,500 |
4 Davies School Asset Protection 665,000 | 150,000 | 815,000 |
5 Davies School Healthcare Classroom | ||
6 Renovations 500,000 | 0 | 500,000 |
7 Total - Davies Career and Technical School 25,868,985 | (4,088,996) | 21,779,989 |
8 RI School for the Deaf | ||
9 General Revenues 7,402,627 | 324,699 | 7,727,326 |
10 Federal Funds 581,126 | 3,759 | 584,885 |
11 Restricted Receipts 469,779 | 149,953 | 619,732 |
12 Other Funds | ||
13 School for the Deaf Transformation Grants 59,000 | 0 | 59,000 |
14 Rhode Island Capital Plan Funds | ||
15 School for the Deaf Asset Protection 250,000 | 0 | 250,000 |
16 Total - RI School for the Deaf 8,762,532 | 478,411 | 9,240,943 |
17 Metropolitan Career and Technical School | ||
18 General Revenues 9,342,007 | 0 | 9,342,007 |
19 Federal Funds 4,667,210 | (4,167,210) | 500,000 |
20 Other Funds | ||
21 Rhode Island Capital Plan Funds | ||
22 MET School Asset Protection 250,000 | 0 | 250,000 |
23 Total - Metropolitan Career and | ||
24 Technical School 14,259,217 | (4,167,210) | 10,092,007 |
25 Education Aid | ||
26 General Revenues 1,023,707,116 | 625,163 | 1,024,332,279 |
27 Provided that the criteria for the allocation of early | childhood funds | shall prioritize |
prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
with higher concentrations of low performing schools.
31 Federal Funds | 508,943,494 | (462,553,844) | 46,389,650 |
32 Restricted Receipts | 36,146,758 | (577,289) | 35,569,469 |
33 Other Funds | |||
34 Permanent School Fund | 300,000 | 0 | 300,000 |
1 Total - Education Aid | 1,569,097,368 | (462,505,970) | 1,106,591,398 |
2 Central Falls School District | |||
3 General Revenues | 47,702,746 | 0 | 47,702,746 |
4 Federal Funds | 22,041,316 | (21,041,316) | 1,000,000 |
5 Total - Central Falls School District | 69,744,062 | (21,041,316) | 48,702,746 |
6 School Construction Aid | |||
7 General Revenues | |||
8 School Housing Aid | 79,409,186 | (8,371,145) | 71,038,041 |
9 School Building Authority Capital Fund | 590,814 | 8,371,145 | 8,961,959 |
10 Total - School Construction Aid | 80,000,000 | 0 | 80,000,000 |
11 Teachers' Retirement | |||
12 General Revenues | 123,916,166 | 71,488 | 123,987,654 |
13 Grand Total - Elementary and | |||
14 Secondary Education | 2,246,027,483 | (497,144,850) | 1,748,882,633 |
15 Public Higher Education | |||
16 Office of Postsecondary Commissioner | |||
17 General Revenues | 26,979,920 | (1,437,953) | 25,541,967 |
Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies
Rhode Island to support its programs for children with developmental and intellectual disabilities.
It is also provided that $7,680,838 $6,118,892 shall be allocated to the Rhode Island Promise
Scholarship program, $9,595,000 shall be allocated to the Last Dollar Scholarship program, and
$147,000 shall be used to support Rhode Island’s membership in the New England Board of Higher
Education.
25 Federal Funds | |||
26 Federal Funds | 6,780,470 | 3,193,123 | 9,973,593 |
27 Guaranty Agency Administration | 400,000 | 0 | 400,000 |
28 Restricted Receipts | 3,485,642 | 296,980 | 3,782,622 |
29 Other Funds | |||
30 Tuition Savings Program - Dual Enrollment | 2,300,000 | 0 | 2,300,000 |
31 Nursing Education Center - Operating | 2,589,674 | (7,752) | 2,581,922 |
32 Rhode Island Capital Plan Funds | |||
33 Higher Education Centers | 3,932,500 | (2,932,500) | 1,000,000 |
34 Provided that the state fund no more than 50.0 percent of the total project cost.
1 Total - Office of Postsecondary Commissioner | 46,468,206 | (888,102) 45,580,104 |
2 University of Rhode Island | ||
3 General Revenues | ||
4 General Revenues | 84,177,615 | 4,890,660 89,068,275 |
Provided that in order to leverage federal funding and support economic development,
$700,000 shall be allocated to the Small Business Development Center and that $50,000 shall be
allocated to Special Olympics Rhode Island to support its mission of providing athletic
opportunities for individuals with intellectual and developmental disabilities.
9 Debt Service | 29,837,239 | (28,653) | 29,808,586 |
10 RI State Forensics Laboratory | 1,317,901 | 0 | 1,317,901 |
11 Federal Funds | 31,102,250 | (31,102,250) | 0 |
12 Other Funds | |||
13 University and College Funds | 685,449,813 | 35,047,269 | 720,497,082 |
14 Debt - Dining Services | 979,827 | 13,000 | 992,827 |
15 Debt - Education and General | 4,833,788 | (69,085) | 4,764,703 |
16 Debt - Health Services | 119,246 | 2,000 | 121,246 |
17 Debt - Housing Loan Funds | 12,771,303 | 201,001 | 12,972,304 |
18 Debt - Memorial Union | 322,507 | 3,100 | 325,607 |
19 Debt - Ryan Center | 2,734,158 | (355,455) | 2,378,703 |
20 Debt - Parking Authority | 1,311,087 | 81,786 | 1,392,873 |
21 Debt - Restricted Energy Conservation | 530,994 | 7,245 | 538,239 |
22 Debt - URI Energy Conservation | 2,039,606 | (7,245) | 2,032,361 |
23 Rhode Island Capital Plan Funds | |||
24 Asset Protection | 9,900,000 | (28,114) | 9,871,886 |
25 Fine Arts Center Renovation | 0 | 1,072,878 | 1,072,878 |
26 Total - University of Rhode Island | 867,427,334 | 9,728,137 | 877,155,471 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2022 relating to the University of Rhode Island are hereby
reappropriated to fiscal year 2023.
Rhode Island College
General Revenues
32 General Revenues | 58,108,155 | 1,842,652 | 59,950,807 |
33 Debt Service | 6,024,998 | 149,155 | 6,174,153 |
34 Federal Funds | 34,573,206 | (34,573,206) | 0 |
1 Other Funds | |||
2 University and College Funds | 113,860,455 | 9,261,091 | 123,121,546 |
3 Debt - Education and General | 881,355 | 0 | 881,355 |
4 Debt - Housing | 366,667 | 2,935 | 369,602 |
5 Debt - Student Center and Dining | 155,000 | 0 | 155,000 |
6 Debt - Student Union | 208,800 | 0 | 208,800 |
7 Debt - G.O. Debt Service | 1,642,434 | 0 | 1,642,434 |
8 Debt - Energy Conservation | 674,475 | 0 | 674,475 |
9 Rhode Island Capital Plan Funds | |||
10 Asset Protection | 4,733,000 | (2,306,634) | 2,426,366 |
11 Infrastructure Modernization | 4,550,000 | 956,173 | 5,506,173 |
12 Total - Rhode Island College | 225,778,545 | (24,667,834) | 201,110,711 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2022 relating to Rhode Island College are hereby
reappropriated to fiscal year 2023.
16 Community College of Rhode Island | |||
17 General Revenues | |||
18 General Revenues | 52,427,080 | 1,409,612 | 53,836,692 |
19 Debt Service | 1,095,685 | 27,838 | 1,123,523 |
20 Federal Funds | 67,577,643 | (64,143,274) | 3,434,369 |
21 Restricted Receipts | 660,191 | 121,312 | 781,503 |
22 Other Funds | |||
23 University and College Funds | 99,556,679 | 21,464,293 | 121,020,972 |
24 Rhode Island Capital Plan Funds | |||
25 Asset Protection | 3,037,615 | 0 | 3,037,615 |
26 Knight Campus Renewal | 3,000,000 | (2,894,266) | 105,734 |
27 Knight Campus Lab Renovation | 887,902 | 60,414 | 948,316 |
28 Data, Cabling, and | |||
29 Power Infrastructure | 1,500,000 | (1,500,000) | 0 |
30 Flanagan Campus Renovation and | |||
31 Modernization | 2,000,000 | (1,982,000) | 18,000 |
32 Total - Community College of RI | 231,742,795 | (47,436,071) | 184,306,724 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2022 relating to the Community College of Rhode Island
1 are hereby reappropriated to fiscal year 2023. | |||||
2 Grand Total - Public Higher Education | 1,371,416,880 | (63,263,870) | 1,308,153,010 | ||
3 RI State Council on the Arts | |||||
4 General Revenues | |||||
5 Operating Support | 883,651 | 62,742 | 946,393 | ||
6 Grants | 1,165,000 | 914 | 1,165,914 | ||
7 Provided that $375,000 be provided to support the operational costs of WaterFire | |||||
8 Providence art installations. | |||||
9 Federal Funds | 2,677,642 | (724,587) | 1,953,055 | ||
10 Restricted Receipts | 40,000 | (20,000) | 20,000 | ||
11 Other Funds | |||||
12 Art for Public Facilities | 495,000 | 0 | 495,000 | ||
13 Grand Total - RI State Council on the Arts | 5,261,293 | (680,931) | 4,580,362 | ||
14 RI Atomic Energy Commission | |||||
15 General Revenues | 1,076,170 | 63,181 | 1,139,351 | ||
16 Federal Funds | 477,000 | 0 | 477,000 | ||
17 Restricted Receipts | 25,036 | 0 | 25,036 | ||
18 Other Funds | |||||
19 URI Sponsored Research | 331,367 | (15,401) | 315,966 | ||
20 Rhode Island Capital Plan Funds | |||||
21 RINSC Asset Protection | 50,000 | 5,063 | 55,063 | ||
22 Grand Total - RI Atomic Energy Commission | 1,959,573 | 52,843 | 2,012,416 | ||
23 RI Historical Preservation and Heritage Commission | |||||
24 | General Revenues | 1,390,704 | (103,645) | 1,287,059 | |
25 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration | |||||
26 activities. | |||||
27 Federal Funds | 697,162 | 44,727 | 741,889 | ||
28 Restricted Receipts | 424,100 | 488 | 424,588 | ||
29 Other Funds | |||||
30 RIDOT Project Review | 150,379 | 7,233 | 157,612 | ||
31 Grand Total - RI Historical Preservation and Heritage | |||||
32 Comm. | 2,662,345 | (51,197) | 2,611,148 | ||
33 Attorney General | |||||
34 Criminal |
1 General Revenues | 17,949,759 | 1,098,972 | 19,048,731 |
2 Federal Funds | 3,206,560 | 195,329 | 3,401,889 |
3 Restricted Receipts | 204,734 | 61,209 | 265,943 |
4 Total - Criminal | 21,361,053 | 1,355,510 | 22,716,563 |
| 5,897,317 | 570,912 | 6,468,229 |
7 Restricted Receipts | 1,172,929 | 323,454 | 1,496,383 |
8 Total - Civil | 7,070,246 | 894,366 | 7,964,612 |
9 Bureau of Criminal Identification 10 General Revenues | 1,836,927 | 160,277 | 1,997,204 |
11 Federal Funds | 238,000 | 0 | 238,000 |
12 Restricted Receipts | 1,005,774 | 125,148 | 1,130,922 |
13 Total - Bureau of Criminal Identification | 3,080,701 | 285,425 | 3,366,126 |
| 4,136,361 | 371,620 | 4,507,981 |
| 150,000 | 3,532 | 153,532 |
19 Total - General | 4,286,361 | 375,152 | 4,661,513 |
20 Grand Total - Attorney General | 35,798,361 | 2,910,453 | 38,708,814 |
| 15,823,807 | 2,792,384 | 18,616,191 |
24 Restricted Receipts | 0 | 346 | 346 |
25 Total - Central Management | 15,823,807 | 2,792,730 | 18,616,537 |
| 1,402,115 | 31,524 | 1,433,639 |
28 Federal Funds | 77,534 | (35,702) | 41,832 |
29 Total - Parole Board | 1,479,649 | (4,178) | 1,475,471 |
| 138,679,834 | 7,403,102 | 146,082,936 |
32 Federal Funds | 1,044,858 | 78,177 | 1,123,035 |
| 139,724,692 | 7,481,279 | 147,205,971 |
1 General Revenues | 24,292,177 | 1,517,615 | 25,809,792 | |
2 Other Funds | ||||
3 Rhode Island Capital Plan Funds | ||||
4 Asset Protection | 5,125,000 | 0 | 5,125,000 | |
5 Correctional Facilities - Renovations | 0 | 3,063,154 | 3,063,154 | |
6 Total - Institutional Support | 29,417,177 | 4,580,769 | 33,997,946 | |
7 Institutional Based Rehab./Population Management | ||||
8 | General Revenues | 11,727,119 | (14,909) | 11,712,210 |
9 Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
10 discharge planning.
11 | Federal Funds | 832,927 | 37,750 | 870,677 |
12 | Restricted Receipts | 49,600 | 15,000 | 64,600 |
13 Total - Institutional Based Rehab/Population | ||||
14 Management | 12,609,646 | 37,841 | 12,647,487 | |
15 Healthcare Services | ||||
16 General Revenues | 25,847,217 | 1,167,383 | 27,014,600 |
Of this general revenue funding, $750,000 shall be expended to expand access to
behavioral healthcare for individuals with severe and persistent mental illnesses incarcerated at the
Adult Correctional Institutions. Funds shall be dedicated to planning for and, as practicable,
creation of a Transitional Care Unit Behavioral Management Unit to provide robust behavioral
healthcare to individuals in this population whose needs do not rise to the level of requiring care at
the existing Residential Treatment Unit at the High Security facility but who nonetheless would
require or benefit from a level of care beyond that which is delivered to the general population. All
disbursements from this fund must occur in pursuit of collaborative development by the Department
of Corrections, the Office of the Governor, and the Office of Management and Budget of a final
approved long-term strategy for meeting the needs of the severely and persistently mentally ill
population, or in furtherance of the needs and goals identified in the final approved long-term
strategy, potentially including but not limited to creation of a Transitional Care Unit Behavioral
Management Unit and expansion of programming. All unexpended or unencumbered balances of
this fund, at the end of any fiscal year, shall be reappropriated to the ensuing fiscal year and made
immediately available for the same purposes.
32 Federal Funds | 54,000 | (54,000) | 0 |
33 Restricted Receipts | 2,274,537 | 0 | 2,274,537 |
34 Total - Healthcare Services | 28,175,754 | 1,113,383 | 29,289,137 |
| 18,577,675 | 1,015,641 | 19,593,316 |
3 Federal Funds | 97,867 | 271,550 | 369,417 |
4 Restricted Receipts | 14,883 | (3,603) | 11,280 |
5 Total - Community Corrections | 18,690,425 | 1,283,588 | 19,974,013 |
6 Grand Total - Corrections | 245,921,150 | 17,285,412 | 263,206,562 |
| 29,988,350 | 2,132,961 | 32,121,311 |
Provided however, that no more than $1,435,110 in combined total shall be offset to the
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
Department of Children, Youth, and Families, and the Department of Public Safety for square-
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
17 Defense of Indigents | 5,075,432 | 53 | 5,075,485 |
18 Federal Funds | 138,354 | 503,340 | 641,694 |
19 Restricted Receipts | 3,861,095 | 205,911 | 4,067,006 |
20 Other Funds | |||
21 Rhode Island Capital Plan Funds | |||
22 Garrahy Courtroom Restoration | 250,000 | 0 | 250,000 |
23 Murray Courtroom Restoration | 700,000 | 0 | 700,000 |
24 Judicial Complexes - HVAC | 1,000,000 | 143,149 | 1,143,149 |
25 Judicial Complexes Asset Protection | 1,500,000 | 0 | 1,500,000 |
26 Judicial Complexes Fan | |||
27 Coil Unit Replacements | 750,000 | 0 | 750,000 |
28 Licht Judicial Complex Restoration | 750,000 | 42,193 | 792,193 |
29 Total - Supreme Court | 44,013,231 | 3,027,607 | 47,040,838 |
30 Judicial Tenure and Discipline | |||
31 General Revenues | 155,863 | 14,765 | 170,628 |
32 Superior Court | |||
33 General Revenues | 25,022,380 | 1,211,678 | 26,234,058 |
34 Federal Funds | 111,553 | 14,698 | 126,251 |
1 Restricted Receipts | 407,207 | (82,190) | 325,017 |
2 Total - Superior Court | 25,541,140 | 1,144,186 | 26,685,326 |
| 23,507,538 | 1,468,944 | 24,976,482 |
5 Federal Funds | 3,106,857 | 221,411 | 3,328,268 |
6 Total - Family Court | 26,614,395 | 1,690,355 | 28,304,750 |
| 14,443,083 | 769,637 | 15,212,720 |
9 Federal Funds | 571,495 | (189,176) | 382,319 |
10 Restricted Receipts | 60,000 | 0 | 60,000 |
11 Total - District Court | 15,074,578 | 580,461 | 15,655,039 |
| 9,716,034 | 587,320 | 10,303,354 |
| 9,310,113 | 416,057 | 9,726,170 |
16 Grand Total - Judiciary | 130,425,354 | 7,460,751 | 137,866,105 |
| 2,723,714 | 333,567 | 3,057,281 |
19 Federal Funds | 36,614,294 | 3,761,534 | 40,375,828 |
| 55,000 | 0 | 55,000 |
| 535,263 | (535,263) | 0 |
25 AMC Roof Replacement | 366,500 | (366,500) | 0 |
26 Asset Protection | 930,000 | 197,526 | 1,127,526 |
27 Joint Force Headquarters Building | 0 | 906,004 | 906,004 |
28 Grand Total - Military Staff | 41,224,771 | 4,296,868 | 45,521,639 |
| 15,917,162 | (14,935,869) | 981,293 |
Provided that $15,000,000 shall be allocated as the state contribution for the Statewide
Body- worn Camera Program, subject to all program and reporting rules, regulations, policies, and
guidelines prescribed in the Rhode Island General Laws. No money appropriated shall be
distributed for Rhode Island police department body-worn camera expenses prior to the
promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the
general laws, all unexpended or unencumbered balances as of June 30, 2022 from this appropriation
are hereby reappropriated to fiscal year 2023.
5 Federal Funds | 10,902,596 | 2,525,171 | 13,427,767 |
6 Restricted Receipts | 189,556 | 87,208 | 276,764 |
7 Total - Central Management | 27,009,314 | (12,323,490) | 14,685,824 |
8 E-911 Emergency Telephone System | |||
9 Restricted Receipts | 7,469,769 | 1,193,318 | 8,663,087 |
10 Security Services | |||
11 General Revenues | 27,319,253 | (417,643) | 26,901,610 |
12 Municipal Police Training Academy | |||
13 General Revenues | 262,575 | 15,949 | 278,524 |
14 Federal Funds | 451,295 | 94,011 | 545,306 |
15 Total - Municipal Police Training Academy | 713,870 | 109,960 | 823,830 |
16 State Police | |||
17 General Revenues | 77,105,322 | 4,996,045 | 82,101,367 |
18 Federal Funds | 6,110,439 | 3,452,457 | 9,562,896 |
19 Restricted Receipts | 856,000 | 69,441 | 925,441 |
20 Other Funds | |||
21 Airport Corporation Assistance | 150,000 | 15,300 | 165,300 |
22 Road Construction Reimbursement | 2,500,000 | 790,951 | 3,290,951 |
23 Weight and Measurement Reimbursement | 400,000 | 222,997 | 622,997 |
24 Rhode Island Capital Plan Funds | |||
25 DPS Asset Protection | 791,000 | 7,498 | 798,498 |
26 Portsmouth Barracks | 350,000 | 0 | 350,000 |
27 Southern Barracks | 2,100,000 | 0 | 2,100,000 |
28 Training Academy Upgrades | 750,000 | (556,380) | 193,620 |
29 Statewide Communications System | |||
30 Network | 237,370 | (6,441) | 230,929 |
31 Headquarters Roof Replacement | 0 | 998,259 | 998,259 |
32 Total-State Police | 91,350,131 | 9,990,127 | 101,340,258 |
| 153,862,337 | (1,447,728) | 152,414,609 |
1 General Revenues | 13,431,599 | 786,051 | 14,217,650 | |
2 Federal Funds | 75,665 | 19,387 | 95,052 | |
3 Grand Total - Office of Public Defender | 13,507,264 | 805,438 | 14,312,702 | |
4 Emergency Management Agency | ||||
5 General Revenues | 2,710,290 | 5,216,141 | 7,926,431 | |
6 Federal Funds | 17,552,433 | 12,010,469 | 29,562,902 | |
7 Restricted Receipts | 527,563 | (68,108) | 459,455 | |
8 Other Funds | ||||
9 Rhode Island Capital Plan Funds | ||||
10 RI Statewide Communications Network | 1,494,400 | 0 | 1,494,400 | |
11 Emergency Management Building | 250,000 | 0 | 250,000 | |
12 Grand Total - Emergency Management Agency | 22,534,686 | 17,158,502 | 39,693,188 | |
13 Environmental Management | ||||
14 Office of the Director | ||||
15 General Revenues | ||||
16 General Revenues | 7,551,252 | 173,917 | 7,725,169 | |
17 Of this general revenue amount, $50,000 is appropriated to the Conservation Districts. | ||||
18 | Clean and Drinking Water Match | 0 | 21,915,120 | 21,915,120 |
Provided that these funds are used to support the state match for the Clean Water State
Revolving Fund and Drinking Water State Revolving Fund through the Rhode Island Infrastructure
Bank and that the Infrastructure Bank provide acceptable documentation to the Office of
Management and Budget showing the need for the funding to be used as state match.
23 Federal Funds | 0 | 65,100 | 65,100 |
24 Restricted Receipts | 4,189,798 | 708,116 | 4,897,914 |
25 Total - Office of the Director | 11,741,050 | 22,862,253 | 34,603,303 |
26 Natural Resources | |||
27 General Revenues | 25,272,202 | 2,046,235 | 27,318,437 |
28 Federal Funds | 21,635,240 | 2,416,356 | 24,051,596 |
29 Restricted Receipts | 5,454,434 | 405,546 | 5,859,980 |
30 Other Funds | |||
31 DOT Recreational Projects | 762,000 | 0 | 762,000 |
32 Blackstone Bike Path Design | 1,000,000 | 0 | 1,000,000 |
33 Transportation MOU | 10,286 | (10,286) | 0 |
34 Rhode Island Capital Plan Funds |
1 Blackstone Valley Park Improvement | 500,000 | 489,717 | 989,717 |
2 Dam Repair | 90,000 | 865,315 | 955,315 |
3 Fort Adams Rehabilitation | 300,000 | 223,880 | 523,880 |
4 Galilee Pier Upgrades | 5,420,000 | 3,562,563 | 8,982,563 |
5 Newport Pier Upgrades | 150,000 | 108,820 | 258,820 |
6 Recreation Facility Asset Protection | 750,000 | 79,693 | 829,693 |
7 Recreational Facilities Improvement | 3,200,000 | 157,990 | 3,357,990 |
8 Total - Natural Resources | 64,544,162 | 10,345,829 | 74,889,991 |
9 Environmental Protection 10 General Revenues | 13,360,386 | 605,317 | 13,965,703 |
11 Federal Funds | 10,753,650 | 668,948 | 11,422,598 |
12 Restricted Receipts | 7,457,559 | 113,787 | 7,571,346 |
63,565 | (31,544) | 32,021 | |
15 Total - Environmental Protection | 31,635,160 | 1,356,508 | 32,991,668 |
16 Grand Total - Environmental Management | 107,920,372 | 34,564,590 | 142,484,962 |
2,809,533 | 179,339 | 2,988,872 | |
19 Federal Funds | 1,850,628 | 446,274 | 2,296,902 |
250,000 75,115 | 0 69,309 | 250,000 144,424 | |
24 RI Coastal Storm Risk Study | 475,000 | 0 | 475,000 |
5,460,276 | 694,922 | 6,155,198 | |
16,066,910 | 627,845 | 16,694,755 | |
8,917,792 | 727,132 | 9,644,924 | |
24,984,702 | 1,354,977 | 26,339,679 |
Other Funds
Transportation MOU
Coastal Resources Management Council
General Revenues
Restricted Receipts
Other Funds
Rhode Island Capital Plan Funds
Narragansett Bay SAMP
Grand Total - Coastal Resources Management
Council
Transportation
Central Management
Federal Funds
Other Funds
Gasoline Tax
Total - Central Management
Management and Budget
Other Funds
1 Gasoline Tax 5,380,580 | 53,487 | 5,434,067 | |
2 Infrastructure Engineering | |||
3 Federal Funds 416,941,030 | 3,601,089 | 420,542,119 | |
4 Restricted Receipts 2,589,202 | 2,103,452 | 4,692,654 | |
5 Other Funds | |||
6 Gasoline Tax 70,347,728 | 1,298,457 | 71,646,185 | |
7 Toll Revenue 35,089,593 | (4,000,000) | 31,089,593 | |
8 Land Sale Revenue 5,979,719 | 5,302,754 | 11,282,473 | |
9 Rhode Island Capital Plan Funds | |||
10 Highway Improvement Program 63,451,346 | 0 | 63,451,346 | |
11 Bike Path Facilities Maintenance 400,000 | (15,951) | 384,049 | |
12 RIPTA - Land and Buildings 1,330,000 | (74,950) | 1,255,050 | |
13 RIPTA - Providence Transit Connector 0 | 35,726 | 35,726 | |
14 RIPTA - Pawtucket Bus Hub & Transit Connector 0 | 598,180 | 598,180 | |
15 RIPTA - Warwick Bus Hub | 260,000 | 0 | 260,000 |
16 RIPTA - URI Mobility Hub | 600,000 | 0 | 600,000 |
17 Total - Infrastructure Engineering | 596,988,618 | 8,848,757 | 605,837,375 |
18 Infrastructure Maintenance | |||
19 Federal Funds | 18,038,585 | 14,800,000 | 32,838,585 |
20 Other Funds | |||
21 Gasoline Tax | 29,781,566 | 5,630,898 | 35,412,464 |
22 Non-Land Surplus Property | 50,000 | (50,000) | 0 |
23 Rhode Island Highway Maintenance | |||
24 Account | 87,157,485 | 12,327,899 | 99,485,384 |
25 Rhode Island Capital Plan Funds | |||
26 Maintenance Capital Equipment | |||
27 Replacement | 1,499,462 | 0 | 1,499,462 |
28 Maintenance Facilities Improvements | 900,000 | 179,400 | 1,079,400 |
29 Welcome Center | 150,000 | 0 | 150,000 |
30 Salt Storage Facilities | 2,500,000 | (500,000) | 2,000,000 |
31 Train Station Maintenance and Repairs | 450,000 | 230,179 | 680,179 |
32 Total - Infrastructure Maintenance | 140,527,098 | 32,618,376 | 173,145,474 |
33 Grand Total - Transportation | 767,880,998 | 42,875,597 | 810,756,595 |
34 Statewide Totals |
1 General Revenues | 4,550,811,637 | 941,952,582 | 5,492,764,219 |
2 Federal Funds | 5,862,690,503 | (158,402,175) | 5,704,288,328 |
3 Restricted Receipts | 372,695,155 | 10,531,511 | 383,226,666 |
4 Other Funds | 2,334,615,011 | (38,613,148) | 2,296,001,863 |
5 Statewide Grand Total | 13,120,812,306 | 755,468,770 | 13,876,281,076 |
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3. The general assembly authorizes the state controller to establish the internal
service accounts shown below, and no other, to finance and account for the operations of state
agencies that provide services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
a businesslike manner, promote efficient use of services by making agencies pay the full costs
associated with providing the services, and allocate the costs of central administrative services
across all fund types, so that federal and other non-general fund programs share in the costs of
general government support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the following
expenditure limitations:
Account Expenditure Limit
19 | FY2022 | FY2022 | FY2022 | |
20 | Enacted | Change | FINAL | |
21 | State Assessed Fringe Benefit Internal Service Fund | 37,626,944 | (149,771) | 37,477,173 |
22 | Administration Central Utilities | |||
23 | Internal Service Fund | 27,345,573 | 10,931 | 27,356,504 |
24 | State Central Mail Internal Service Fund | 6,736,424 | 382,893 | 7,119,317 |
25 | State Telecommunications Internal Service Fund | 3,100,546 | 769,721 | 3,870,267 |
26 | State Automotive Fleet Internal Service Fund | 12,664,678 | 208,206 | 12,872,884 |
27 | Surplus Property Internal Service Fund | 3,000 | 0 | 3,000 |
28 | Health Insurance Internal Service Fund | 272,604,683 | 63,451 | 272,668,134 |
29 | Other Post-Employment Benefits Fund | 63,858,483 | 0 | 63,858,483 |
30 | Capitol Police Internal Service Fund | 1,731,553 | (295,960) | 1,435,593 |
31 | Corrections Central Distribution Center | |||
32 | Internal Service Fund | 7,410,210 | 94,561 | 7,504,771 |
33 | Correctional Industries Internal Service Fund | 8,590,417 | (117,116) | 8,473,301 |
34 | Secretary of State Record Center Internal Service Fund | 1,060,059 | 115,727 | 1,175,786 |
1 Human Resources Internal Service Fund | 13,962,865 | 1,266,275 | 15,229,140 |
2 DCAMM Facilities Internal Service Fund | 43,562,371 | 1,809,115 | 45,371,486 |
3 Information Technology Internal Service Fund | 48,951,700 | (171,347) | 48,780,353 |
SECTION 4. Departments and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
not include limited period positions or, seasonal or intermittent positions whose scheduled period
of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
do they include individuals engaged in training, the completion of which is a prerequisite of
employment. Provided, however, that the Governor or designee, Speaker of the House of
Representatives or designee, and the President of the Senate or designee may authorize an
adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
detailed written recommendation to the Governor, the Speaker of the House, and the President of
the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,
and the Senate Fiscal Advisor.
State employees whose funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with the term limited to the availability of non-state
general revenue funding source.
FY 2022 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 650.7
Provided that no more than 421.5 of the total authorization would be limited to positions
that support internal service fund programs.
25 Business Regulation | 162.0 |
26 Executive Office of Commerce | 16.0 |
27 Labor and Training | 462.7 461.7 |
28 Revenue | 570.5 |
29 Legislature | 298.5 |
30 Office of the Lieutenant Governor | 8.0 |
31 Office of the Secretary of State | 59.0 |
32 Office of the General Treasurer | 89.0 |
33 Board of Elections | 13.0 |
34 Rhode Island Ethics Commission | 12.0 |
1 Office of the Governor | 45.0 |
2 Commission for Human Rights | 14.0 |
3 Public Utilities Commission | 54.0 |
4 Office of Health and Human Services | 190.0 |
5 Children, Youth, and Families | 702.5 |
6 Health | 530.6 530.4 |
7 Human Services | 753.0 |
8 Office of Veterans Services | 263.1 263.0 |
9 Office of Healthy Aging | 31.0 |
10 Behavioral Healthcare, Developmental Disabilities, and Hospitals | 1,190.4 |
11 Office of the Child Advocate | 10.0 |
12 Commission on the Deaf and Hard of Hearing | 4.0 |
13 Governor’s Commission on Disabilities | 4.0 |
14 Office of the Mental Health Advocate | 4.0 |
15 Elementary and Secondary Education | 143.1 |
16 School for the Deaf | 60.0 |
17 Davies Career and Technical School | 123.0 |
18 Office of Postsecondary Commissioner | 33.0 |
Provided that 1.0 of the total authorization would be available only for positions that are
supported by third-party funds, 10.0 would be available only for positions at the State’s Higher
Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for
positions at the Nursing Education Center.
University of Rhode Island 2,555.0
Provided that 357.8 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island College 949.2
Provided that 76.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Community College of Rhode Island 849.1
Provided that 89.0 of the total authorization would be available only for positions that are
supported by third-party funds.
Rhode Island State Council on the Arts 9.6
RI Atomic Energy Commission 8.6
Historical Preservation and Heritage Commission 15.6
Office of the Attorney General 247.1
Corrections 1,424.0
Judicial 726.3
Military Staff 92.0
Emergency Management Agency 33.0
Public Safety 622.6 628.6
Office of the Public Defender 99.0
Environmental Management 401.0
Coastal Resources Management Council 30.0
Transportation 755.0
11 Total 15,313.2 15,317.9
No agency or department may employ contracted employee services where contract
employees would work under state employee supervisors without determination of need by the
Director of Administration acting upon positive recommendations by the Budget Officer and the
Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state
employees at that time without determination of need by the Director of Administration acting upon
the positive recommendations of the State Budget Officer and the Personnel Administrator and 30
days after a public hearing.
SECTION 5. Reappropriation of Funding for State Fiscal Recovery Fund and Capital
Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered
federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be
reappropriated in the ensuing fiscal year and made available for the same purposes. However, any
such reappropriations are subject to final approval by the General Assembly as part of the
supplemental appropriations act.
SECTION 6. This article shall take effect upon passage.
=======
art.008/3/008/2/014/2/014/1
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RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
SECTION 1. This Article consists of a joint resolution that is submitted pursuant to § 37-
6-2 authorizing various lease agreements for office space and operating space.
SECTION 2. Executive Office of Commerce
WHEREAS, the Executive Office of Commerce currently occupies approximately 2,983
square feet at 555 Valley Street (Building 58, Suite 203) in the City of Providence;
WHEREAS, the Executive Office of Commerce currently has a current lease agreement,
in full force and effect, with Foundry ALCO Members, LLC for approximately 2,983 square feet
of office space located at 555 Valley Street (Building 58, Suite 203);
WHEREAS, the existing lease expires on June 30, 2022, and the Executive Office of
Commerce wishes to exercise its option to renew this lease for an additional five-year term;
WHEREAS, the State of Rhode Island, acting by and through the Executive Office of
Commerce attests to the fact that there are no clauses in the lease agreement with Foundry ALCO
Members, LLC that would interfere with the Executive Office of Commerce lease agreement or
use of the facility;
WHEREAS, the leased premises provide a critical location for the offices of the Executive
Office of Commerce from which the organization can fulfill the mission of the Executive Office of
Commerce;
WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June
21 30, 2022 is $71,234.04;
WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years
of the renewal term will not exceed $76,576.60;
WHEREAS, the payment of the annual base rent will be made from funds available to the
Executive Office of Commerce for the payments of rental and lease costs based on annual
appropriations made by the General Assembly;
WHEREAS, the State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Executive Office of Commerce and Foundry ALCO Members, LLC for leased space
located at 555 Valley Street (Building 58, Suite 203), Providence; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed
$382,883; and it be further
RESOLVED, that this Joint Resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Executive Office of
Commerce, the Director of Administration, the State Budget Officer, and the Chair of the State
Properties Committee.
SECTION 3. Department of Corrections
WHEREAS, the Rhode Island Department of Corrections has a current lease agreement,
in full force and effect, with WRR Associates, LLC. for approximately 5,086 square feet of office
space located at 49 Pavilion Avenue, Providence;
WHEREAS, the State of Rhode Island, acting by and through the Department of
Corrections attests to the fact that there are no clauses in the lease agreement with the WRR
Associates, LLC that would interfere with the Department of Corrections lease agreement or use
of the facility;
WHEREAS, the existing lease expires on January 31, 2023, and the Department of
Corrections wishes to advertise a Request for Proposals seeking approximately 5,000 square feet
of office space and relocating to a new office location in Providence;
WHEREAS, the annual base rent in the current agreement in the current fiscal year, ending
22 June 30, 2022 and continuing through January 31, 2023 is $108,690;
23 WHEREAS, the annual base rent of the agreement through January 31, 2023 will not
24 exceed $108,690;
WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each
of the ten years of the term will not exceed $110,000;
WHEREAS, the payment of the annual base rent will be made from funds available to the
Department of Corrections for the payments of rental and lease costs based on annual
appropriations made by the General Assembly;
WHEREAS, the proposed new leased premises will provide a critical location for the
offices of the Department of Corrections from which the Department can serve the needs of
Providence and surrounding communities and otherwise fulfill the mission of the Department of
Corrections;
WHEREAS, the State Properties Committee now respectfully requests the approval of the
Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement
between the Department of Corrections and a landlord to be determined, for the office space located
at a location to be determined in the City of Providence, Rhode Island; now therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the
lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed
$1,100,000; and it be further
RESOLVED, that this joint resolution shall take effect upon passage by the General
Assembly; and it be further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the Director of the Department of Corrections,
the Director of Administration, the State Budget Officer, and the Chair of the State Properties
Committee.
SECTION 4. University of Rhode Island -- Communicative Disorders Program Lease
Renewal
WHEREAS, the University of Rhode Island (“University”) has academic programs in
physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach
that benefit Rhode Island adults and children with injuries and disabilities;
WHEREAS, the Independence Square Foundation (“Foundation”) is a non-profit
corporation that develops and manages community center buildings, leasing space at affordable
rates to not-for-profit operations, with a historical emphasis on operations supporting individuals
with disabilities;
WHEREAS, the Foundation promotes and fosters collaborative relationships between its
non-profit tenants in the interest of enhancing the range and quality of services offered to these
special populations, recognized at the national level as a unique model to be emulated:
WHEREAS, in 1991, the University and the Board of Governors for Higher
Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees
(“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land
(“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West
Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the
Foundation, enabling Independence Square to build a 40,000 square foot community center
building for not-for-profit tenants;
WHEREAS, in 2002, the University, the Board and the Properties Committee, approved a
space lease executed on May 24, 2002 and terminating, with executed extensions, on January 31,
2023, wherein the Foundation leased to University approximately 4,300 rentable square feet of
space located Building II for the University’s Communicative Disorders program (“Program”)
within the original phase of building at 25 West Independence Way and that Program, associated
students and faculty have benefited from the quality, accessible, and well maintained facilities for
the duration of that lease;
WHEREAS, in 2007, the University, the Board, and the Properties Committee have
approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and
terminating on January 31, 2034;
WHEREAS, in 2022, the University and the Board approved a space lease commencing as
of the February 1, 2023 and terminating on January 31, 2034 , wherein the Foundation leased to
University approximately 4,300 rentable square feet of space located Building II for the
University’s Program within the original phase of building at 25 West Independence Way and that
Program, associated students and faculty have benefited from the quality, accessible, and well
maintained facilities for the duration of that lease;
WHEREAS, it is in the best interest of the Program, associated students and faculty to have
continued access to the quality, accessible, and well maintained facilities for the duration of the
lease;
WHEREAS, the renewal of the lease requires the University to pay rent, plus the
University’s proportional share of building operating expenses, such as heating, cooling, lighting,
and basic electrical service, such rent, for the Lease period, in total, shall be $758,692.00. The
proportionate share of building operating expenses are calculated on an annualized basis, this
proportionate share of building operating expenses being subject to annual increases in operating
expenses in future years; now, therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes
that lease payments of rent will not exceed $758,692.00 for the duration of the Communicative
Disorders Program Lease Renewal (“Lease Renewal”), plus the proportionate share of building
operating expenses; and be it further
RESOLVED, that this General Assembly hereby approves this Lease Renewal and its
associated rent and proportionate operating cost; and be it further
RESOLVED, that this Joint Resolution shall take effect upon passage by this General
Assembly; and be it further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the President of the University of Rhode Island,
the Director of Administration, the State Budget Officer, and the Chair of the State Properties
Committee.
SECTION 5. University of Rhode Island Physical Therapy Program Lease Renewal
WHEREAS, the University of Rhode Island (“University”) has academic programs in
physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach
that benefit Rhode Island adults and children with injuries and disabilities;
WHEREAS, the Independence Square Foundation (“Foundation”) is a non-profit
corporation that develops and manages community center buildings, leasing space at affordable
rates to not-for-profit operations, with a historical emphasis on operations supporting individuals
with disabilities;
WHEREAS, the Foundation promotes and fosters collaborative relationships between its
non-profit tenants in the interest of enhancing the range and quality of services offered to these
special populations, recognized at the national level as a unique model to be emulated:
WHEREAS, in 1991, the University and the Board of Governors for Higher
Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees
(“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land
(“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West
Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the
Foundation, enabling Independence Square to build a 40,000 square foot community center
building for not-for-profit tenants;
WHEREAS, in 2007, the University, the Board, and the Properties Committee have
approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and
terminating on January 31, 2034;
WHEREAS, in 2013, the University, the Board and the Properties Committee, approved a
space lease commencing as of the February 1, 2014 and terminating on February 28, 2023, wherein
the Foundation leased to University approximately 16,400 rentable square feet of space located
Building II for the University’s Physical Therapy program (“Program”) within the original phase
of building at 25 West Independence Way and that Program, associated students and faculty have
benefited from the quality, accessible, and well maintained facilities for the duration of that lease;
WHEREAS, in 2022, the University and the Board approved a space lease commencing as
of March 1, 2023 and terminating on January 31, 2034 (“Lease”), wherein the Foundation leased
to University approximately 16,400 rentable square feet of space located Building II for the
University’s Program within the original phase of building at 25 West Independence Way and that
Program, associated students and faculty have benefited from the quality, accessible, and well
maintained facilities for the duration of that Lease;
WHEREAS it is in the best interest of the Program, associated students and faculty to have
continued access to the quality, accessible, and well-maintained facilities for the duration of the
Lease;
WHEREAS, the lease requires the University to pay rent, plus the University’s
proportional share of building operating expenses, such as heating, cooling, lighting, and basic
electrical service, such rent, for the Lease period, in total, shall be $2,871,694.67. The proportionate
share of building operating expenses are calculated on an annualized basis, this proportionate share
of building operating expenses being subject to annual increases in operating expenses in future
years; now, therefore be it
RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes
that Lease payments of rent will not exceed $2,871,694.67 for the duration of the Lease, plus the
proportionate share of building operating expenses; and be it further
RESOLVED, that this General Assembly hereby approves this Physical Therapy Program
Lease Renewal and its associated rent and proportionate operating costs; and be it further
RESOLVED, that this Joint Resolution shall take effect upon passage by this General
Assembly; and be it further
RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly
certified copies of this resolution to the Governor, the President of the University of Rhode Island,
the Director of Administration, the State Budget Officer, and the Chair of the State Properties
Committee.
SECTION 6. This Article shall take effect upon passage.
art.009/12/009/11/009/10/009/9/009/8/009/7/009/6/009/5/009/4/009/3/009/2/009/1
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RELATING TO ECONOMIC DEVELOPMENT
SECTION 1. Section 21-27-1 of the Rhode Island General Laws in Chapter 21-27 entitled
"Sanitation in Food Establishments" is hereby amended to read as follows:
Unless otherwise specifically provided in this chapter, the following definitions apply to
this chapter:
(1) "Approved" means approved by the director.
(2) "Commissary" means a central processing establishment where food is prepared for
sale or service off the premises or by mobile vendor an operating base location to which a mobile
food establishment or transportation vehicle returns regularly for such things as food preparation,
food storage, vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water
tanks and ice bins.
(3) "Cottage food manufacture" means the production in accordance with the requirements
of § 21-27-6.2 of allowable foods for retail sale directly to the consumer in a residential kitchen or
a rented commercial kitchen licensed by the department.
(4) "Cultural heritage education facility" means a facility for up to ten (10 individuals who,
for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site
documented to be at least one hundred and fifty (150) years old and whose drinking water shall be
obtained from an approved source which meets all of the requirements of chapter 46-13.
(3) (5) "Department" means the department of health.
(4) (6) "Director" means the director of health or the director's duly appointed agents.
(5) (7) "Farmers market" means a market where two (2) or more farmers are selling produce
exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is
any market where farmers or others are selling produce at wholesale and/or any market in which
any individual is selling produce not grown on his or her own farm.
(6) (8) "Farm home food manufacture" means the production in accordance with the
requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm which produces
agricultural products for human consumption and the operator of which is eligible for exemption
from the sales and use tax in accordance with § 44-18-30(32).
(7) (9) "Food" means: (i) articles used for food or drink for people or other animals, (ii)
chewing gum, and (iii) articles used for components of any food or drink article.
(8) (10) "Food business" means and includes any establishment or place, whether fixed or
mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served,
transported, or sold.
(9) (11) "Food service establishment" means any fixed or mobile restaurant, coffee shop,
cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar,
cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage
education facility, private, public or nonprofit organization or institution routinely serving food,
catering kitchen, commissary or similar place in which food or drink is prepared for sale or for
service on the premises or elsewhere, and any other eating or drinking establishment or operation
where food is served or provided for the public with or without charge.
(10) (12) "Mobile food service unit" means a unit that prepares and/or sells food products
for direct consumption.
(13) "Operator" in relation to food vending machines means any person who by contract,
agreement, lease, rental, or ownership sells food from vending machines.
(11) (14) "Person" means any individual, firm, co-partnership, association, or private or
municipal corporation.
(12) (15) "Processor" means one who combines, handles, manufactures or prepares,
packages, and stores food products.
(13) "Operator" in relation to food vending machines means any person who by contract,
agreement, lease, rental, or ownership sells food from vending machines.
(14) (16) "Retail" means when eighty percent (80%) or more of sales are made directly to
consumers.
(15) (17) "Retail peddler" means a food business which sells meat, seafood, and dairy
products directly to the consumer, house to house or in a neighborhood.
(16) (18) "Roadside farmstand" means a stand or location adjacent to a farm where produce
grown only on that farm is sold at the time of harvest.
(17) (19) "Vending machine site or location" means the room, enclosure, space, or area
where one or more vending machines are installed and/or operated.
(18) (20) "Warehouse" means a place for the storage of dried, fresh, or frozen food or food
products, not including those areas associated within or directly part of a food service establishment
or retail market.
(19) (21) "Wholesale" means when eighty percent (80%) or more of the business is for
resale purposes.
(20) "Cultural heritage education facility" means a facility for up to ten (10) individuals
who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied
site documented to be at least one hundred fifty (150) years old and whose drinking water shall be
obtained from an approved source which meets all of the requirements of chapter 46-13.
SECTION 2. Chapter 21-27 of the Rhode Island General Laws entitled "Sanitation in Food
Establishments" is hereby amended by adding thereto the following section:
Notwithstanding the other provisions of this chapter, the department of health shall register
cottage food manufacture and the sale of the products of cottage food manufacture direct to
consumers whether by pickup or delivery within the state, provided that the requirements of this
section are met.
(1) The cottage food products shall be produced in a kitchen that is on the premises of a
home and meets the standards for kitchens as provided for in minimum housing standards, adopted
pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted
pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:
(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that
reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one
compartment sink;
(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the
proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not
to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;
(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,
corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;
(iv) Have self-closing doors for bathrooms that open directly into the kitchen;
(v) If the home is on private water supply, the water supply must be tested once per year;
(vi) Notwithstanding this subsection, the cottage food products may also be produced in a
commercial kitchen licensed by the department and is leased or rented by the cottage food registrant
provided that a record be maintained as to the dates the commercial kitchen was used and that
ingredients used in the production of cottage foods are transported according to applicable food
safety standards and regulations promulgated by the department.
(2) The cottage food products are prepared and produced ready for sale under the following
conditions:
(i) Pets are kept out of food preparation and food storage areas at all times;
(ii) Cooking facilities shall not be used for domestic food purposes while cottage food
products are being prepared;
(iii) Garbage is placed and stored in impervious covered receptacles before it is removed
from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage
food manufacture;
(iv) Any laundry facilities which may be in the kitchen shall not be used during cottage
food manufacture;
(v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,
and processing times and procedures, are maintained in the kitchen for review and inspection;
(vi) An affixed label that contains:
(A) Name, address, and telephone number;
(B) The ingredients of the cottage food product, in descending order of predominance by
weight or volume;
(C) Allergen information, as specified by federal and state labeling requirements, such as
milk, eggs, tree nuts, peanuts, wheat, and soybeans; and
(D) The following statement printed in at least ten-point type in a clear and conspicuous
manner that provides contrast to the background label: "Made by a Cottage Food Business
Registrant that is not Subject to Routine Government Food Safety Inspection," unless products have
been prepared in a commercial kitchen licensed by the department.
(3) Cottage food manufacture shall be limited to the production of baked goods that do not
require refrigeration or time/temperature control for safety, including but not limited to:
(i) Double crust pies;
(ii) Yeast breads;
(iii) Biscuits, brownies, cookies, muffins; and
(iv) Cakes that do not require refrigeration or temperature-controlled environment; and
(v) Other goods as defined by the department.
(4) Each cottage food manufacturer shall be registered with the department of health and
shall require a notarized affidavit of compliance, in any form that the department may require, from
the applicant that the requirements of this section have been met and the operation of the kitchen
shall be in conformity with the requirements of this section. Prior to the initial registration, each
cottage food manufacturer is required to successfully complete a Food Safety Manager Course, any
American Standards Institute approved food handler course, or any other course approved by the
department. A certificate of registration shall be issued by the department upon the payment of a
fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of
registration shall be valid for one year after the date of issuance; provided, however, that the
certificate may be revoked by the director at any time for noncompliance with the requirements of
the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept
in the kitchen where the cottage food manufacture takes place. The director of health shall have the
authority to develop and issue a standard form for the affidavit of compliance to be used by persons
applying for a certificate of registration; the form shall impose no requirements or certifications
beyond those set forth in this section and § 21-27-1(6). No certificates of registration shall be issued
by the department prior to November 1, 2022.
(5) No such operation shall engage in consignment or wholesale sales. The following
additional locational sales by any such cottage food operation shall be prohibited: (1) Grocery
stores; (2) restaurants; (3) long-term care facilities; (4) group homes; (5) day care facilities; and (6)
schools. Advertising and sales by Internet, mail and phone are permissible, provided the cottage
food licensee or their designee shall deliver, in person, to the customer within the state.
(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand
dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual gross sales
amount allowed, the cottage food registrant shall either obtain food processor license or cease
operations. The director of health shall request documentation to verify the annual gross sales figure
of any cottage food operation.
(7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.
(8) The director of health or designee may inspect a cottage food operation at any time to
ensure compliance with the provisions of this section. Nothing in this section shall be construed to
prohibit the director of health or designee of the director from investigating the registered area of a
cottage food operation in response to a foodborne illness outbreak, consumer complaint or other
public health emergency.
SECTION 3. Section 23-1-54 of the Rhode Island General Laws in Chapter 23-1 entitled
"Health and Safety" is hereby amended to read as follows:
Fees payable to the department shall be as follows:
PROFESSION RIGL Section Description of Fee FEE
Barbers/hairdressers 5-10-10(a) Renewal application $25.00
Barbers/hairdressers 5-10-10(a) Renewal application:
Manicuring Instructors and manicurists $25.00
Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00
Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00
1 | Barbers/hairdressers | 5-10-11[c] | Application fee | $25.00 |
2 | Barbers/hairdressers | 5-10-11[c] | Application fee: manicuring | |
3 | Instructors and manicurists | $25.00 | ||
4 | Barbers/hairdressers | 5-10-13 | Demonstrator's permit | $90.00 |
5 | Barbers/hairdressers | 5-10-15 | Shop license: initial | $170.00 |
6 | Barbers/hairdressers | 5-10-15 | Shop license: renewal | $170.00 |
7 | Veterinarians | 5-25-10 | Application fee | $40.00 |
8 | Veterinarians | 5-25-11 | Examination fee | $540.00 |
9 | Veterinarians | 5-25-12(a) | Renewal fee | $580.00 |
10 | Veterinarians | 5-25-12[c] | Late renewal fee | $120.00 |
11 | Podiatrists | 5-29-7 | Application fee | $240.00 |
12 | Podiatrists | 5-29-11 | Renewal fee: minimum | $240.00 |
13 | Podiatrists | 5-29-11 | Renewal fee: maximum | $540.00 |
14 | Podiatrists | 5-29-13 | Limited registration | $65.00 |
15 | Podiatrists | 5-29-14 | Limited registration: | |
16 | Academic faculty | $240.00 | ||
17 | Podiatrists | 5-29-14 | Application fee: | |
18 | Renewal minimum | $240.00 | ||
19 | Podiatrists | 5-29-14 | Application fee: | |
20 | Renewal maximum | $440.00 | ||
21 | Chiropractors | 5-30-6 | Examination fee: | $210.00 |
22 | Chiropractors | 5-30-7 | Examination exemption fee: | $210.00 |
23 | Chiropractors | 5-30-8(b) | Exam Physiotherapy | $210.00 |
24 | Chiropractors | 5-30-8(b) | Exam chiro and physiotherapy | $210.00 |
25 | Chiropractors | 5-30-12 | Renewal fee | $210.00 |
26 | Dentists/dental hygienists | 5-31.1-6(d) | Dentist: application fee | $965.00 |
27 | Dentists/dental hygienists | 5-31.1-6(d) | Dental hygienist: application fee | $65.00 |
28 | Dentists/dental hygienists | 5-31.1-6(d) | Reexamination: dentist | $965.00 |
29 | Dentists/dental hygienists | 5-31.1-6(d) | Reexamination: hygienist | $65.00 |
30 | Dentists/dental hygienists | 5-31.1-21(b) | Reinstatement fee dentist | $90.00 |
31 | Dentists/dental hygienists | 5-31.1-21(b) | Reinstatement fee hygienist | $90.00 |
32 | Dentists/dental hygienists | 5-31.1-21(c) | Inactive status: dentist | $220.00 |
33 | Dentists/dental hygienists | 5-31.1-21(c) | Inactive status: hygienist | $40.00 |
34 | Dentists/dental hygienists | 5-31.1-22 | Limited registration | $65.00 |
1 | Dentists/dental hygienists | 5-31.1-23[c] | Limited reg: | |
2 | Academic faculty | $965.00 | ||
3 | Dentists/dental hygienists | 5-31.1-23[c] | Limited reg: | |
4 | Academic faculty renewal | $500.00 | ||
5 | Electrolysis | 5-32-3 | Application fee | $25.00 |
6 | Electrolysis | 5-32-6(b) | Renewal fee | $25.00 |
7 | Electrolysis | 5-32-7 | Reciprocal license fee | $25.00 |
8 | Electrolysis | 5-32-17 | Teaching license | $25.00 |
9 | Funeral directors/embalmers | 5-33.2-12 | Funeral establishment license | $120.00 |
10 | Funeral services establishments | |||
11 | Funeral directors/embalmers | 5-33.2-15 | Renewal: funeral/director | $90.00 |
12 Funeral services establishments embalmer $30.00 | ||||
13 Funeral directors/embalmers | 5-33.2-12 | Funeral branch ofc license | $90.00 | |
14 Funeral directors/embalmers | 5-33.2-13.1 | Crematories: application fee | $120.00 | |
15 Funeral services establishments | ||||
16 Funeral directors/embalmers | 5-33.2-15 | Renewal: funeral/director | $120.00 | |
17 Funeral Svcs establishments establishment | ||||
18 Funeral directors/embalmers 5-33.2-15 | Additional branch office | |||
19 Funeral services Establishments licenses | $120.00 | |||
20 Funeral directors/embalmers 5-33.2-15 | Crematory renewal fee | |||
21 Funeral svcs establishments | $120.00 | |||
22 Funeral directors/embalmers 5-33.2-15 | Late renewal fee | |||
23 Funeral svcs establishments (All license types) | $25.00 | |||
24 Funeral directors/embalmers 5-33.2-16(a) | Intern registration fee | |||
25 Funeral Services establishments | $25.00. | |||
26 Nurses 5-34-12 | RN Application fee | $135.00 | ||
27 Nurses 5-34-16 | LPN Application fee | $45.00 | ||
28 Nurses 5-34-19 | Renewal fee: RN | $135.00 | ||
29 Nurses 5-34-19 | Renewal fee: LPN | $45.00 | ||
30 Nurses 5-34-37 | RNP application fee | $80.00 | ||
31 Nurses 5-34-37 | RNP renewal fee | $80.00 | ||
32 Nurses 5-34-37 | RNP prescriptive privileges | $65.00 | ||
33 Nurses 5-34-40.3 | Clin nurse spec application | $80.00 | ||
34 Nurses 5-34-40.3 | Clin nurse spec renewal | $80.00 |
1 | Nurses | 5-34-40.3 | Clin nurse spec Rx privilege | $65.00 |
2 | Nurse anesthetists | 5-34.2-4(a) | CRNA application fee | $80.00 |
3 | Nurse anesthetists | 5-34.2-4(b) | CRNA renewal fee | $80.00 |
4 | Optometrists | 5-35.1-4 | Application fee | $280.00 |
5 | Optometrists | 5-35.1-7 | Renewal fee | $280.00 |
6 | Optometrists | 5-35.1-7 | Late fee | $90.00 |
7 | Optometrists | 5-35.1-7 | Reactivation of license fee | $65.00 |
8 | Optometrists | 5-35.1-19(b) | Violations of section | $650.00 |
9 | Optometrists | 5-35.1-20 | Violations of chapter | $260.00 |
10 | Opticians | 5-35.2-3 | Application fee | $30.00 |
11 | Physicians | 5-37-2 | Application fee | $1,090.00 |
12 | Physicians | 5-37-2 | Re-examination fee | $1,090.00 |
13 | Physicians | 5-37-10(b) | Late renewal fee | $170.00 |
14 | Physicians | 5-37-16 | Limited registration fee | $65.00 |
15 | Physicians | 5-37-16.1 | Ltd reg: academic faculty | $600.00 |
16 | Physicians | 5-37-16.1 | Ltd reg: academic Faculty renewal | $170.00 |
17 | Acupuncture | 5-37.2-10 | Application fee | $310.00 |
18 | Acupuncture | 5-37.2-13(4) | Acupuncture assistant | $310.00 |
19 | Licensure fee | $170.00 | ||
20 | Social workers | 5-39.1-9 | Application fee | $70.00 |
21 | Social workers | 5-39.1-9 | Renewal fee | $70.00 |
22 | Physical therapists | 5-40-8 | Application fee | $155.00 |
23 | Physical therapists | 5-40-8.1 | Application: physical therapy | |
24 | assistants | $50.00 | ||
25 | Physical therapists | 5-40-10(a) | Renewal fee: Physical therapists | $155.00 |
26 | Physical therapists | 5-40-10(a) | Renewal fee: Physical therapy | |
27 | assistants | $50.00 | ||
28 | Physical therapists | 5-40-10[c] | Late renewals | $50.00 |
29 | Occupational therapists | 5-40.1-12(2) | Renewal fee | $140.00 |
30 | Occupational therapists | 5-40.1-12(5) | Late renewal fee | $50.00 |
31 | Occupational therapists | 5-40.1-12(b) | Reactivation fee | $140.00 |
32 | Occupational therapists | 5-40.1-13 | Application fee | $140.00 |
33 | Psychologists | 5-44-12 | Application fee | $230.00 |
34 | Psychologists | 5-44-13 | Temporary permit | $120.00 |
1 | Psychologists | 5-44-15[c] | Renewal fee | $230.00 |
2 | Psychologists | 5-44-15(e) | Late renewal fee | $50.00 |
3 | Nursing home administrators | 5-45-10 | Renewal fee | $160.00 |
4 | Speech pathologist/audiologists | 5-48-1(14) | Speech lang support personnel: | |
5 | late filing | $90.00 | ||
6 | Speech pathologist/audiologists | 5-48-9(a) | Application fee: Audiologist | $65.00 |
7 | Speech pathologist/audiologists | 5-48-9(a) | Application fee: | |
8 | Speech Pathologist | $145.00 | ||
9 | Speech pathologist/audiologists | 5-48-9(a) | Renewal fee: Audiologist | $65.00 |
10 | Speech pathologist/audiologists | 5-48-9(a) | Renewal fee: Speech Pathologist | $145.00 |
11 | Speech pathologist/audiologists | 5-48-9(a) | Provisional license: renewal fee | $65.00 |
12 | Speech pathologist/audiologists | 5-48-9(b) | Late renewal fee | $50.00 |
13 | Speech pathologist/audiologists | 5-48-9(d)(1) | Reinstatement fee: audiologist | $65.00 |
14 | Speech pathologist/audiologists | 5-48-9(d)(1) | Reinstatement fee: audiologist | $65.00 |
15 | speech pathologists | $145.00 | ||
16 | personnel: late filing | $65.00 | ||
17 | Hearing aid dealers/fitters | 5-49-6(a) | License endorsement Examination | fee $25.00 |
18 | Hearing aid dealers/fitters | 5-49-8(b) | Temporary permit fee | $25.00 |
19 | Hearing aid dealers/fitters | 5-49-8(d) | Temporary permit renewal fee | $35.00 |
20 | Hearing aid dealers/fitters | 5-49-11(a)(1) | License fee | $25.00 |
21 | Hearing aid dealers/fitters | 5-49-11(b) | License renewal fee | $25.00 |
22 | Hearing aid dealers/fitters | 5-49-11[c] | License renewal late fee | $25.00 |
23 | Physician assistants | 5-54-9(4) | Application fee | $110.00 |
24 | Physician assistants | 5-54-11(b) | Renewal fee | $110.00 |
25 | Orthotics/prosthetic practice | 5-59.1-5 | Application fee | $120.00 |
26 | Orthotics/prosthetic practice | 5-59.1-12 | Renewal fee | $120.00 |
27 | Athletic trainers | 5-60-11 | Application fee | $60.00 |
28 | Athletic trainers | 5-60-11 | Renewal fee | $60.00 |
29 | Athletic trainers | 5-60-11 | Late renewal fee | $25.00 |
30 | Mental health counselors | 5-63.2-16 | Application fee: Marriage | |
31 | Marriage and family therapists | Family therapist | $130.00 | |
32 | Mental health counselors | 5-63.2-16 | Application fee: Mental | |
33 | Marriage and family therapists | Health counselors | $70.00 | |
34 | Mental health counselors | 5-63.2-16 | Reexamination fee: |
1 Marriage and family therapists | Marriage/family therapist | $130.00 | |
2 Mental health counselors | 5-63.2-16 | Reexamination fee: | |
3 Marriage and family therapists | Mental health counselors | $70.00 | |
4 Mental health counselors | 5-63.2-17(a) | Renewal fee: Marriage | |
5 Marriage and Family therapists | Family therapist | $130.00 | |
6 Mental health counselors | 5-63.2-17(a) | Renewal fee: | |
7 Marriage and Family therapist | Mental health counselor | $50.00 | |
8 Mental health counselors | 5-63.2-17(b) | Late renewal fee | |
9 Marriage and Family therapist | Marriage and family therapist | $90.00 | |
10 Dieticians | 5-64-6(b) | Application fee | $75.00 |
11 Dieticians | 5-64-7 | Graduate status: Application fee: | $75.00 |
12 Dieticians | 5-64-8 | Renewal fee | $75.00 |
13 Dieticians | 5-64-8 | Reinstatement fee | $75.00 |
14 Radiologic technologists | 5-68.1-10 | Application fee maximum | $190.00 |
15 Licensed chemical dependency | 5-69-9 | Application fee | $75.00 |
16 professionals | |||
17 Licensed chemical dependency | 5-69-9 | Renewal fee | $75.00 |
18 professionals | |||
19 Licensed chemical | 5-69-9 | Application fee | $75.00 |
20 Licensed chemical dependency | 5-69-9 | Application fee | $75.00 |
21 clinical supervisor | |||
22 Licensed chemical dependency | 5-69-9 | Renewal fee | $75.00 |
23 clinical supervisor | |||
24 Deaf interpreters | 5-71-8(a)(3) | License fee maximum | $25.00 |
25 Deaf interpreters | 5-71-8(a)(3) | License renewal fee | $25.00 |
26 Milk producers | 21-2-7(g)(1) | In-state milk processor | $160.00 |
27 Milk producers | 21-2-7(g)(2) | Out-of-state milk processor | $160.00 |
28 Milk producers | 21-2-7(g)(3) | Milk distributors | $160.00 |
29 Frozen desserts | 21-9-3(1) | In-state wholesale | $550.00 |
30 Frozen desserts | 21-9-3(2) | Out-of-state wholesale | $160.00 |
31 Frozen desserts | 21-9-3(3) | Retail frozen dess processors | $160.00 |
32 Meats | 21-11-4 | Wholesale | $160.00 |
33 Meats | 21-11-4 | Retail | $40.00 |
34 Shellfish packing houses | 21-14-2 | License fee: Shipper/reshipper | $320.00 |
1 | Shellfish packing houses | 21-14-2 | License fee: Shucker packer/repacker | $390.00 |
2 | Non-alcoholic bottled beverages | , | ||
3 | drinks & juices | 21-23-2 | Bottler permit | $550.00 |
4 | Non-alcoholic bottled beverages | , | ||
5 | drinks and juices | 21-23-2 | Bottle apple cider fee | $60.00 |
6 | Farm home food manufacturers | 21-27-6.1(4) | Registration fee | $65.00 |
7 | Cottage Food Manufacturers | 21-27-6.2(4) | Registration fee | $65.00 |
8 | Food businesses | 21-27-10(e)(1) | Food processors wholesale | $300.00 |
9 | Food businesses | 21-27-10(e)(2) | Food processors retail | $120.00 |
10 | Food businesses | 21-27-10(e)(3) | Food service establishments | |
11 | 50 seats or less | $160.00 | ||
12 | Food businesses | 21-27-10(e)(3) | Food service establishments | |
13 | more than 50 seats | $240.00 | ||
14 | Food businesses | 21-27-10(e)(3) | Mobile food service units | $100.00 |
15 | Food businesses | 21-27-10(e)(3) | Industrial caterer or food vending | |
16 | Machine commissary | $280.00 | ||
17 | Food businesses | 21-27-10(e)(3) | Cultural heritage educational Facility | $80.00 |
18 | Food businesses | 21-27-10(e)(4) | Vending Machine Location | |
19 | 3 units or less | $50.00 | ||
20 | Food businesses | 21-27-10(e)(4) | Vending Machine Location | |
21 | 4-10 units | $100.00 | ||
22 | Food businesses | 21-27-10(e)(4) | Vending Machine Location = | |
23 | 11 units | $120.00 | ||
24 | Food businesses | 21-27-10(e)(5) | Retail Mkt 1-2 cash registers | $120.00 |
25 | Food businesses | 21-27-10(e)(5) | Retail Market 3-5 cash registers | $240.00 |
26 | Food businesses | 21-27-10(e)(5) | Retail Market = 6 Cash registers | $510.00 |
27 | Food businesses | 21-27-10(e)(6) | Retail food peddler | $100.00 |
28 | Food businesses | 21-27-10(e)(7) | Food warehouses | $190.00 |
29 | Food businesses | 21-27-11.2 | Certified food safety mgr | $50.00 |
30 | License verification fee | 23-1-16.1 | All license types | $50.00 |
31 | Tattoo and body piercing | 23-1-39 | Annual registration fee: Person | $90.00 |
Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00
Vital records 23-3-25(a)(1) Certificate of birth, fetal death,
death, marriage, birth, or
1 | Certification that such record | |||
2 | Cannot be found | $20.00 | ||
3 | Vital records | 23-3-25(a)(1) | Each duplicate of certificate of | |
4 | birth, fetal death, death, | |||
5 | marriage, birth, or certification | |||
6 | that such record cannot be found | $15.00 | ||
7 | Vital records | 23-3-25(a)(2) | Each additional calendar year | |
8 | Search, if within 3 months of | |||
9 | original search and if receipt of | |||
10 | original search presented | $2.00 | ||
11 | Vital records | 23-3-25(a)(3) | Expedited service | $7.00 |
12 | Vital records | 23-3-25(a)(4) | Adoptions, legitimations, or | |
13 | Paternity determinations | $15.00 | ||
14 | Vital records | 23-3-25(a)(5) | Authorized corrections, | |
15 | Alterations, and additions | $10.00 | ||
16 | Vital records | 23-3-25(a)(6) | Filing of delayed record and | |
17 | Examination of documentary Proof | $20.00 | ||
18 | Vital records | 23-3-25(a)(6) | Issuance of certified copy of a | |
19 | delayed record | $20.00 | ||
20 | Medical Examiner | 23-4-13 | Autopsy reports | $40.00 |
21 | Medical Examiner | 23-4-13 | Cremation certificates and statistics | $30.00 |
22 | Medical Examiner | 23-4-13 | Testimony in civil suits: | |
23 | Minimum/day | $650.00 | ||
24 | Medical Examiner | 23-4-13 | Testimony in civil suits: | |
25 | Maximum/day | $3,250.00 | ||
26 | Emergency medical technicians | 23-4.1-10[c] | Annual fee: ambulance | |
27 | service maximum | $540.00 | ||
28 | Emergency medical technicians | 23-4.1-10[c] | Annual fee: vehicle license | |
29 | maximum | $275.00 | ||
30 | Emergency medical technicians | 23-4.1-10[c] | Triennial fee: EMT license | |
31 | maximum | $120.00 | ||
32 | Emergency medical technicians | 23-4.1-10(c)(2) | Exam fee maximum: EMT | $120.00 |
33 | Emergency medical technicians | 23-4.1-10(c)(2) | Vehicle inspection maximum | $190.00 |
34 | Clinical laboratories | 23-16.2-4(a) | Clinical laboratory license per |
1 | specialty $650.00 | ||
2 | Clinical laboratories | 23-16.2-4(a) | Laboratory station license $650.00 |
3 | Clinical laboratories | 23-16.2-4(b) | Permit fee $70.00 |
4 | Health care facilities | 23-17-38 | Hospital: base fee annual $16,900.00 |
5 | Health care facilities | 23-17-38 | Hospital: annual per bed fee $120.00 |
6 | Health care facilities | 23-17-38 | ESRD: annual fee $3,900.00 |
7 | Health care facilities | 23-17-38 | Home nursing care/home |
8 | Care providers $650.00 | ||
9 | Health care facilities | 23-17-38 | OACF: annual fee $650.00 |
10 | Assisted living residences/ | ||
11 | administrators | 23-17.4-15.2(d) | License application fee: $220.00 |
12 | Assisted living residences/ | ||
13 | administrators | 23-17.4-15.2(d) | License renewal fee: $220.00 |
14 | Assisted living residences | 23-17.4-31 | Annual facility fee: base $330.00 |
15 | Assisted living residences | 23-17.4-31 | Annual facility per bed $70.00 |
16 | Nursing assistant registration | 23-17.9-3 | Application: competency |
17 | evaluation training program | ||
18 | maximum $325.00 | ||
19 | Nursing assistant registration | 23-17.9-5 | Application fee $35.00 |
20 | Nursing assistant registration | 23-17.9-5 | Exam fee: skills proficiency $170.00 |
21 | Nursing assistant registration | 23-17.9-6 | Registration fee $35.00 |
22 | Nursing assistant registration | 23-17.9-7 | Renewal fee $35.00 |
23 | Sanitarians | 23-19.3-5(a) | Registration fee $25.00 |
24 | Sanitarians | 23-19.3-5(b) | Registration renewal $25.00 |
25 | Massage therapy | 23-20.8-3(e) | Massage therapist appl fee $65.00 |
26 | Massage therapy | 23-20.8-3(e) | Massage therapist renewal fee $65.00 |
27 | Recreational facilities | 23-21-2 | Application fee $160.00 |
28 | Swimming pools | 23-22-6 | Application license: first pool $250.00 |
29 | Swimming pools | 23-22-6 | Additional pool fee at same location $75.00 |
30 | Swimming pools | 23-22-6 | Seasonal application license: |
31 | first pool $150.00 | ||
32 | Swimming pools | 23-22-6 | Seasonal additional pool fee at |
33 | same location $75.00 | ||
34 | Swimming pools | 23-22-6 | Year-round license for non-profit $25.00 |
Swimming pools 23-22-10 Duplicate license $2.00
Swimming pools 23-22-12 Penalty for violations $50.00
Respiratory care practitioners 23-39-11 Application fee $60.00
Respiratory care practitioners 23-39-11 Renewal fee $60.00
SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled
"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:
7 42-64.20-10. Sunset.
8 No credits shall be authorized to be reserved pursuant to this chapter after December 31,
9 2022 2023.
SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode
Island Tax Increment Financing" is hereby amended to read as follows:
12 42-64.21-9. Sunset.
13 The commerce corporation shall enter into no agreement under this chapter after December
14 31, 2022 2023.
SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax
Stabilization Incentive" is hereby amended to read as follows:
17 42-64.22-15. Sunset.
18 The commerce corporation shall enter into no agreement under this chapter after December
19 31, 2022 2023.
SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First
Wave Closing Fund Act" is hereby amended to read as follows:
22 42-64.23-8. Sunset.
23 No financing shall be authorized to be reserved pursuant to this chapter after December 31,
24 2022 2023.
SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195
Redevelopment Project Fund Act" is hereby amended as follows:
27 42-64.24-8. Sunset.
No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant
to this chapter after December 31, 2022 2023.
SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled "Small
Business Assistance Program Act" is hereby amended as follows:
32 42-64.25-14. Sunset.
33 No grants, funding, or incentives shall be authorized pursuant to this chapter after
34 December 31, 2022 2023.
1 SECTION 10. Sections 42-64.26-3, 42-64.26-4, 42-64.26-5 and 42-64.26-12 of the
General Laws in Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby
amended to read as follows:
4 42-64.26-3. Definitions.
As used in this chapter:
(1) "Eligible graduate" means an individual who meets the eligibility requirements under
this chapter.
(2) "Applicant" means an eligible graduate who applies for a tax credit for education loan
repayment expenses under this chapter.
(3) "Award" means a tax credit awarded by the commerce corporation to an applicant as
provided under this chapter.
(4) "Taxpayer" means an applicant who receives a tax credit under this chapter.
(5) "Commerce corporation" means the Rhode Island commerce corporation established
pursuant to chapter 64 of title 42.
(6) "Eligible expenses" or "education loan repayment expenses" means annual higher
education loan repayment expenses, including, without limitation, principal, interest and fees, as
17 may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to
repay for attendance at a postsecondary institution of higher learning.
(7) "Eligibility period" means a term of up to four (4) consecutive service periods beginning
with the date that an eligible graduate receives initial notice of award under this chapter and
expiring at the conclusion of the fourth service period after such date specified.
(8) "Eligibility requirements" means the following qualifications or criteria required for an
applicant to claim an award under this chapter:
(i) That the applicant shall have graduated from an accredited two (2) year, four (4) year
or graduate postsecondary institution of higher learning with an associate's, bachelor's, graduate, or
post-graduate degree and at which the applicant incurred education loan repayment expenses;
(ii) That the applicant shall be a full-time employee with a Rhode Island-based employer
located in this state throughout the eligibility period, whose employment is for work in one or more
of the following covered fields: life, natural or environmental sciences; computer, information or
software technology; advanced mathematics or finance; engineering; industrial design or other
commercially related design field; or medicine or medical device technology.
(9) "Full-time employee" means a person who is employed by a business for consideration
for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of
service generally accepted by custom or practice as full-time employment, or who is employed by
a professional employer organization pursuant to an employee leasing agreement between the
business and the professional employer organization for a minimum of thirty-five (35) hours per
week, or who renders any other standard of service generally accepted by custom or practice as
full-time employment, and whose wages are subject to withholding.
(10) "Healthcare applicant" means any applicant that meets the eligibility requirements and
works as a full-time employee as a high-demand healthcare practitioner or mental health
professional, including, but not limited to, clinical social workers and mental health counselors
licensed by the department of health, and as defined in regulations to be promulgated by the
commerce corporation, in consultation with the executive office of health and human services,
pursuant to chapter 35 of this title.
(1011) "Service period" means a twelve (12) month period beginning on the date that an
eligible graduate receives initial notice of award under this chapter.
(1112) "Student loan" means a loan to an individual by a public authority or private lender
to assist the individual to pay for tuition, books, and living expenses in order to attend a
postsecondary institution of higher learning.
(1213) "Rhode Island-based employer" means (i) an employer having a principal place of
business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an employer
registered to conduct business in this state that reported Rhode Island tax liability in the previous
tax year.
(1314) "STEM/designFund fund" refers to the "Stay Invested in RI Wavemaker Fellowship
Fund" established pursuant to § 42-64.26-4(a).
(15) "Healthcare fund" refers to the "Healthcare Stay Invested in RI Wavemaker
Fellowship Fund" established pursuant to § 42-64.26-4(b).
(a) There is hereby established the "Stay Invested in RI Wavemaker Fellowship Fund" (the
"fund") to be administered by the commerce corporation as set forth in this chapter.
(b) There is hereby established the "Healthcare Stay Invested in RI Wavemaker Fellowship
Fund" to be administered by the commerce corporation as set forth in this chapter.
(bc) The purpose of the fund STEM/design fund and healthcare fund is to expand
employment opportunities in the state and to retain talented individuals in the state by providing
tax credits in relation to education loan repayment expenses to applicants who meet the eligibility
requirements under this chapter.
(cd) The fund STEM/design fund and healthcare fund shall consist of:
(1) Money appropriated in the state budget to the fund;
(2) Money made available to the fund through federal programs or private contributions;
and
(3) Any other money made available to the fund.
(de) The fund STEM/design fund shall be used to pay for the redemption of tax credits or
reimbursement to the state for tax credits applied against a taxpayer's the tax liability of any non-
healthcare applicant that received an award. The healthcare fund shall be used to pay for the
redemption of tax credits or reimbursement to the state for tax credits applied against the tax
liability of any healthcare applicant that received an award on or after July 1, 2022. The fund funds
shall be exempt from attachment, levy or any other process at law or in equity. The director of the
department of revenue shall make a requisition to the commerce corporation for funding during
any fiscal year as may be necessary to pay for the redemption of tax credits presented for
redemption or to reimburse the state for tax credits applied against a taxpayer's tax liability. The
commerce corporation shall pay from the funds such amounts as requested by the director of the
department of revenue necessary for redemption or reimbursement in relation to tax credits granted
under this chapter.
(a) Application. An eligible graduate claiming an award under this chapter shall submit to
the commerce corporation an application in the manner that the commerce corporation shall
prescribe.
(b) Upon receipt of a proper application from an applicant who meets all of the eligibility
requirements, the commerce corporation shall select applicants on a competitive basis to receive
credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for
an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six
thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the
education loan repayment expenses incurred by such taxpayer during each service period
completed, for up to four (4) consecutive service periods provided that the taxpayer continues to
meet the eligibility requirements throughout the eligibility period. The commerce corporation shall
delegate the selection of the applicants that are to receive awards to a fellowship committee to be
convened by the commerce corporation and promulgate the selection procedures the fellowship
committee will use, which procedures shall require that the committee's consideration of
applications be conducted on a name-blind and employer-blind basis and that the applications and
other supporting documents received or reviewed by the fellowship committee shall be redacted of
the applicant's name, street address, and other personally-identifying information as well as the
applicant's employer's name, street address, and other employer-identifying information. The
commerce corporation shall determine the composition of the fellowship committee and the
selection procedures it will use in consultation with the state's chambers of commerce.
Notwithstanding the foregoing, the commerce corporation shall create and establish a committee
to evaluate any healthcare applicant for an award in the same manner as prescribed in this
paragraph. The executive office of health and human services ("EOHHS") shall be represented on
the committee and provide consultation to the commerce corporation on selection procedures.
Notwithstanding EOHHS's consultation and representation in the selection of healthcare applicants,
the commerce corporation shall administer all other aspects of a healthcare applicant's application,
award, and certification.
(c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of
the education loan repayment expenses incurred by such taxpayer during each service period
completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the
taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan
repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the
service period; (iii) The award shall not exceed the original loan amount plus any capitalized
interest less award previously claimed under this section; and (iv) that the taxpayer claiming an
award is current on his or her student loan repayment obligations.
(d) The commerce corporation shall not commit to overall STEM/design awards in excess
of the amount contained in the commerce STEM/design fund or to overall healthcare awards in
excess of the amount contained in the healthcare fund.
(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in
a calendar year to applicants who are permanent residents of the state of Rhode Island or who
attended an institution of higher education located in Rhode Island when they incurred the
education loan expenses to be repaid.
(f) In administering award, the commerce corporation shall:
(1) Require suitable proof that an applicant meets the eligibility requirements for award
under this chapter;
(2) Determine the contents of applications and other materials to be submitted in support
of an application for award under this chapter; and
(3) Collect reports and other information during the eligibility period for each award to
verify that a taxpayer continues to meet the eligibility requirements for an award.
32 42-64.26-12. Sunset.
33 No incentives or credits shall be authorized pursuant to this chapter after December 31,
34 2022 2023.
SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main
Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows:
3 42-64.27-6. Sunset.
No incentives shall be authorized pursuant to this chapter after December 31, 2022 2023.
SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled
"Innovation Initiative" is hereby amended as follows:
7 42-64.28-10. Sunset.
8 No vouchers, grants, or incentives shall be authorized pursuant to this chapter after
9 December 31, 2022 2023.
SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High
School, College, and Employer Partnerships" is hereby amended as follows:
12 42-64.31-4. Sunset.
No grants shall be authorized pursuant to this chapter after December 31, 2022 2023.
SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air
Service Development Fund" is hereby amended as follows:
16 42-64.32-6. Sunset.
No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant
to this chapter after December 31, 2022 2023.
SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby amended by adding thereto the following chapter:
CHAPTER 162
THE RHODE ISLAND BROADBAND DEVELOPMENT PROGRAM
The Rhode Island Broadband Development Program shall provide oversight and
coordination of all broadband and digital equity initiatives in the state of Rhode Island, including,
but not limited to, the following:
(i) Creating a statewide broadband strategic plan which shall include goals and strategies
related to increasing the access and use of broadband internet in the state. Such a plan shall include
high-capacity transmission technique using a wide range of frequencies to deliver high-speed
internet including both wireline and wireless technologies and shall include, but not be limited to:
goals for broadband elements such as speed, latency, affordability, reliability, access, sustainability,
and digital equity. The plan shall be submitted to the governor, the speaker of the house of
representatives, and the president of the senate on or before December 31, 2022 and shall be
updated every five (5) years thereafter;
As used in this chapter, the following words shall have the following meanings:
(1) "Broadband advisory council" or "council" means the broadband advisory council
established pursuant to the provisions of § 42-162-4.
(2) "Broadband director" or "director" means the broadband coordinator designated
pursuant to the provisions of § 42-162-2.
(3) "Broadband " means “a high-capacity transmission technique using a wide range of
frequencies to deliver high-speed internet including both wireline and wireless technologies” and
shall include, but not be limited to: goals for broadband elements such as speed, latency,
affordability, access, sustainability, and digital equity.
(4) "Digital literacy" means the ability to use information and communication technologies
to find, evaluate, create and communicate information, requiring both cognitive and technical skills;
(5) "Unserved" means a geographic location of the state in which there is no provider of
broadband Internet service that offers dedicated Internet access for transmission at consistent
speeds with the ability to scale upload speeds over time consistent with technology trends.
(6) "Underserved" means a geographic location of the state in which there is no broadband
Internet service available at consistent speeds with the ability to scale upload speeds over time
consistent with technology trends.
An employee of the commerce corporation shall be designated by the secretary of
commerce as the broadband director. The broadband director shall be responsible for connecting
and communicating with the National Telecommunications and Information Administration
(NTIA) and other federal agencies, as appropriate, to access federal funds for broadband
infrastructure deployment pursuant to federal grants, facilitating broadband service adoption,
expanding digital literacy for residents experiencing economic hardship, and for future economic
development. The broadband director shall perform such other duties as assigned by the secretary
of commerce.
(a) Creating or otherwise administering grants, programs, projects, initiatives, or mapping
efforts to further the investment in and development of broadband and digital equity in the State.
Pending availability of funding, these may include: developing a mapping process to review and
verify transmission speeds and broadband availability throughout the State; providing information,
advice, and technical assistance to municipalities, regions, and others to increase broadband
adoption and digital equity; and proposing legislation that supports increased digital equity and
sustainable adoption of broadband.
(b) The executive office of commerce may seek the advice from the broadband advisory
committee in the review of proposals for adoption of technologies required to deploy broadband to
residents, businesses, and municipalities. The executive office of commerce or any state agency or
quasi-public state agency charged with administering such grant and other programs is authorized
to promulgate rules and regulations that set forth the programs’ goals, investment criteria,
principles, and parameters.
(c) The executive office of commerce or any state agency or quasi-public state agency
charged with administering such grant and other programs shall follow applicable federal and state
reporting and transparency requirements for any program established, including the allocation and
utilization of federal dollars.
(d) In consultation with the governor's workforce board, develop a statewide curriculum
for advanced digital skills training to establish a talent pipeline matching job seekers and
historically underrepresented populations and Rhode Island employers.
(e) The office shall include the office of regulatory reform and other administration
functions that promote, enhance, or regulate various service and functions in order to promote the
reform and improvement of the regulatory function of the state.
(a) There is hereby established a broadband advisory council for the purpose of performing
the duties enunciated in § 42-162-5.
(b) The council shall consist of the following nine (9) members:
(1) The broadband director from Commerce Rhode Island, who shall serve as the chair;
(2) Rhode Island emergency management agency director, or designee;
(3) Rhode Island League of Cities and Towns executive director, or designee;
(4) Boys and Girls Club president, or designee appointed by the senate president;
(5) Rhode Island infrastructure bank executive director, or designee;
(6) A Rhode Island Chamber of Commerce, appointed by the speaker of the house;
(7) A telecommunications expert, appointed by the senate president;
(8) A member of the underserved or unserved community appointed by the governor; and
(9) A broadband or technology expert appointed by the speaker of the house.
(c) Members of the council shall serve without compensation.
(d) Vacancies shall be appointed in the same manner as the original appointment.
The broadband advisory council shall advise the executive office of commerce on
broadband implementation efforts undertaken by the agency including but not limited to the
development of a state strategic plan and broadband-related investment strategies. The broadband
advisory committee shall additionally invite telecommunications/IT experts and broadband
stakeholders to inform the committee. The broadband advisory committee shall provide written
report to the speaker of the house and senate president one month after the close of each quarter
with the status of Rhode Island broadband efforts and the level and type of funding obligation and
expenditure by awardee through any grant program as well as recommendations for accessing
further federal or other funding opportunities for as long as federal or state funding is available for
this work.
The commerce corporation shall be responsible for providing administrative and other
support services to the council.
The council shall meet at least quarterly and shall report at least annually on or before
14 December 31 of each year to the general assembly on its findings and recommendations to include,
but not limited to, recommendations for proposed legislation to further the purposes of this chapter.
SECTION 16. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion
Picture Production Tax Credits" is hereby amended to read as follows:
(a) A motion picture production company shall be allowed a credit to be computed as
provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The
amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred
directly attributable to activity within the state, provided:
(1) That the primary locations are within the state of Rhode Island and the total production
budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or
(2) The motion picture production incurs and pays a minimum of ten million dollars
($10,000,000) in state-certified production costs within a twelve-month (12) period.
The credit shall be earned in the taxable year in which production in Rhode Island is
completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).
(b) For the purposes of this section: "total production budget" means and includes the
motion picture production company's pre-production, production, and post-production costs
incurred for the production activities of the motion picture production company in Rhode Island in
connection with the production of a state-certified production. The budget shall not include costs
associated with the promotion or marketing of the film, video, or television product.
(c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million
dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit
is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to
rules promulgated by the tax administrator, the administrator may issue a waiver of the seven
million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the
remaining funds available pursuant to section (e) of this section.
(d) Credits allowed to a motion picture production company, which is a subchapter S
corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be
passed through respectively to persons designated as partners, members, or owners on a pro rata
basis or pursuant to an executed agreement among such persons designated as subchapter S
corporation shareholders, partners, or members documenting an alternate distribution method
without regard to their sharing of other tax or economic attributes of such entity.
(e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax
year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter
and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After
15 December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for
any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater
production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available
to motion picture productions and musical and theatrical productions. No specific amount shall be
set aside for either type of production.
(f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued
pursuant to this section and/or musical and theatrical production tax credits pursuant to chapter 31.3
of this title shall not exceed thirty million dollars ($30,000,000).
(g) Exclusively for tax year 2023 and tax year 2024, the total amount of motion picture tax
credits issued pursuant to this section and/or musical and theatrical production tax credits pursuant
to chapter 31.3 of this title shall not exceed forty million dollars ($40,000,000).
SECTION 17. Section 44-31.3-2 of the General Laws in Chapter 44-31.3 entitled "Musical
and Theatrical Production Tax Credits" is hereby amended to read as follows:
(a) Definitions. As used in this chapter:
(1) "Accredited theater production" means a for-profit live stage presentation in a qualified
production facility, as defined in this chapter that is either: (i) A pre-Broadway production, or (ii)
A post-Broadway production.
(2) "Accredited theater production certificate" means a certificate issued by the film office
certifying that the production is an accredited theater production that meets the guidelines of this
chapter.
(3) "Advertising and public relations expenditure" means costs incurred within the state by
the accredited theater productions for goods or services related to the national marketing, public
relations, creation and placement of print, electronic, television, billboards and other forms of
advertising to promote the accredited theater production.
(4) "Payroll" means all salaries, wages, fees, and other compensation including related
benefits for services performed and costs incurred within Rhode Island.
(5) "Pre-Broadway production" means a live stage production that, in its original or
adaptive version, is performed in a qualified production facility having a presentation scheduled
for Broadway's theater district in New York City within (12) thirty-six (36) months after its Rhode
Island presentation.
(6) "Post-Broadway production" means a live stage production that, in its original or
adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode
Island after a presentation scheduled for Broadway's theater district in New York City.
(7) "Production and performance expenditures" means a contemporaneous exchange of
cash or cash equivalent for goods or services related to development, production, performance, or
operating expenditures incurred in this state for a qualified theater production including, but not
limited to, expenditures for design, construction and operation, including sets, special and visual
effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting, staging,
payroll, transportation expenditures, advertising and public relations expenditures, facility
expenses, rentals, per diems, accommodations and other related costs.
(8) "Qualified production facility" means a facility located in the state of Rhode Island in
which live theatrical productions are, or are intended to be, exclusively presented that contains at
least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,
storage areas, and other ancillary amenities necessary for the accredited theater production.
(9) "Resident" or "Rhode Island resident" means, for the purpose of determination of
eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the state
of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in
this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of
the taxable year, unless the individual is in the armed forces of the United States.
(10) "Rhode Island film and television office" means the office within the department of
administration that has been established in order to promote and encourage the locating of film and
television productions within the state of Rhode Island. The office is also referred to as the "film
office."
(11)(i) "Transportation expenditures" means expenditures for the packaging, crating, and
transportation both to the state for use in a qualified theater production of sets, costumes, or other
tangible property constructed or manufactured out of state, and/or from the state after use in a
qualified theater production of sets, costumes, or other tangible property constructed or
manufactured in this state and the transportation of the cast and crew to and from the state. Such
term shall include the packaging, crating, and transporting of property and equipment used for
special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related
accessories and materials, as well as any other performance or production-related property and
equipment.
(ii) Transportation expenditures shall not include any costs to transport property and
equipment to be used only for filming and not in a qualified theater production, any indirect costs,
and expenditures that are later reimbursed by a third party; or any amounts that are paid to persons
or entities as a result of their participation in profits from the exploitation of the production.
(b) Tax credit.
(1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited
theater production certificate shall be allowed a tax credit equal to thirty percent (30%) of the total
production and performance expenditures and transportation expenditures for the accredited theater
production and to be computed as provided in this chapter against a tax imposed by chapters 11,
12, 13, 14, 17, and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and
shall be limited to certified production costs directly attributable to activities in the state and
transportation expenditures defined above. The total production budget shall be a minimum of one
hundred thousand dollars ($100,000).
(2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax
year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical
production tax credits pursuant to this chapter. Said credits shall be equally available to motion
picture productions and musical and theatrical productions. No specific amount shall be set aside
for either type of production.
(3) The tax credit shall be allowed against the tax for the taxable period in which the credit
is earned and can be carried forward for not more than three (3) succeeding tax years.
(4) Credits allowed to a company that is a subchapter S corporation, partnership, or a
limited-liability company that is taxed as a partnership, shall be passed through respectively to
persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed
agreement among such persons designated as subchapter S corporation shareholders, partners, or
members documenting an alternate distribution method without regard to their sharing of other tax
or economic attributes of such entity.
(5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for
the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or
otherwise, to any individual or entity and the assignee of the tax credits that has not claimed the tax
credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part, by sale
or otherwise, to any individual or entity. The assignee of the tax credits may use acquired credits
to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to
chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this title. The
assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3)
succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island
division of taxation, in writing, within thirty (30) calendar days following the effective date of the
transfer and shall provide any information as may be required by the division of taxation to
administer and carry out the provisions of this section.
(6) For purposes of this chapter, any assignment or sales proceeds received by the assignor
for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
this title.
(7) In the case of a corporation, this credit is only allowed against the tax of a corporation
included in a consolidated return that qualifies for the credit and not against the tax of other
corporations that may join in the filing of a consolidated tax return.
(c) Certification and administration.
(1) The applicant shall properly prepare, sign, and submit to the film office an application
for initial certification of the theater production. The application shall include the information and
data as the film office deems reasonably necessary for the proper evaluation and administration of
the application, including, but not limited to, any information about the theater production company
and a specific Rhode Island live theater or musical production. The film office shall review the
completed application and determine whether it meets the requisite criteria and qualifications for
the initial certification for the production. If the initial certification is granted, the film office shall
issue a notice of initial certification of the accredited theater production to the theater production
company and to the tax administrator. The notice shall state that, after appropriate review, the initial
application meets the appropriate criteria for conditional eligibility. The notice of initial
certification will provide a unique identification number for the production and is only a statement
of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island
tax benefits.
(2) Upon completion of an accredited theater production, the applicant shall properly
prepare, sign, and submit to the film office an application for final certification of the accredited
theater production. The final application shall also contain a cost report and an "accountant's
certification." The film office and tax administrator may rely without independent investigation,
upon the accountant's certification, in the form of an opinion, confirming the accuracy of the
information included in the cost report. Upon review of a duly completed and filed application and
upon no later than thirty (30) days of submission thereof, the division of taxation will make a
determination pertaining to the final certification of the accredited theater production and the
resultant tax credits.
(3) Upon determination that the company qualifies for final certification and the resultant
tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An
accredited theater production certificate; and (ii) A tax credit certificate in an amount in accordance
with subsection (b) of this section. A musical and theatrical production company is prohibited from
using state funds, state loans, or state guaranteed loans to qualify for the motion picture tax credit.
All documents that are issued by the film office pursuant to this section shall reference the
identification number that was issued to the production as part of its initial certification.
(4) The director of the department of administration, in consultation as needed with the tax
administrator, shall promulgate rules and regulations as are necessary to carry out the intent and
purposes of this chapter in accordance with the general guidelines provided herein for the
certification of the production and the resultant production credit.
(5) If information comes to the attention of the film office that is materially inconsistent
with representations made in an application, the film office may deny the requested certification.
In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs
and the tax credits have been transferred, assigned, and/or allocated, the state will pursue its
recapture remedies and rights against the applicant of the theater production tax credits. No redress
shall be sought against assignees, sellers, transferees, or allocates of the credits.
(d) Information requests.
(1) The director of the film office, and his or her agents, for the purpose of ascertaining the
correctness of any credit claimed under the provisions of this chapter, may examine any books,
paper, records, or memoranda bearing upon the matters required to be included in the return, report,
or other statement, and may require the attendance of the person executing the return, report, or
other statement, or of any officer or employee of any taxpayer, or the attendance of any other
person, and may examine the person under oath respecting any matter that the director, or his or
her agent, deems pertinent or material in administration and application of this chapter and where
not inconsistent with other legal provisions, the director may request information from the tax
administrator.
(2) The tax administrator, and his or her agents, for the purpose of ascertaining the
correctness of any credit claimed under the provisions of this chapter, may examine any books,
paper, records, or memoranda bearing upon the matters required to be included in the return, report,
or other statement, and may require the attendance of the person executing the return, report, or
other statement, or of any officer or employee of any taxpayer, or the attendance of any other
person, and may examine the person under oath respecting any matter the tax administrator or his
or her agent deems pertinent or material in determining the eligibility for credits claimed and may
request information from the film office, and the film office shall provide the information in all
cases to the tax administrator.
(e) The film office shall comply with the impact analysis and periodic reporting provisions
12 of § 44-31.2-6.1.
SECTION 18. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled
"Historic Preservation Tax Credits 2013" is hereby amended to read as follows:
15 44-33.6-11. Sunset.
No credits shall be authorized to be reserved pursuant to this chapter on or after June 30,
2022 2023, or upon the exhaustion of the maximum aggregate credits, whichever comes first.
SECTION 19. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode
Island Qualified Jobs Incentive Act of 2015" is hereby amended as follows:
20 44-48.3-14. Sunset.
21 No credits shall be authorized to be reserved pursuant to this chapter after December 31,
22 2022 2023.
23 SECTION 20. This Article shall take effect upon passage.
art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1
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RELATING TO EDUCATION
SECTION 1. Sections 16-7-16, 16-7-20 and 16-7-40 of the General Laws in Chapter 16-7
entitled “Foundation Level School Support” are hereby amended to read as follows:
The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following
meanings:
(1) "Adjusted equalized weighted assessed valuation" means the equalized weighted
assessed valuation of a community as determined by the department of revenue or as apportioned
by the commissioner pursuant to the provisions of § 16-7-21.
(2)(i) "Average daily membership" means the average number of pupils in a community
during a school year as determined pursuant to the provisions of § 16-7-22, less any students who
are served in a program operated by the state and funded through the permanent foundation
education aid formula pursuant to chapter 7.2 of this title.
(ii) For FY 2022, "average daily membership" means the greater of the average number of
pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22
in March 2020 or March 2021, less any students who are served in a program operated by the state
and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this
title. State aid to charter public schools, Davies, and the Met Center shall be determined based on
the districts of residence in whichever year had the greater total average daily membership.
(A) For the purposes of determining the number of students in poverty, the department
shall divide the average daily membership of students reported as living in poverty in each district
of residence by the total average daily membership of students enrolled in the district of residence
in both March 2020 and March 2021. The greater percentage shall be applied to the average daily
membership used in the calculation of foundation education aid. For charter public schools, Davies,
and the Met Center, the average daily membership of students reported as living in poverty shall
be consistent with March 2020 or March 2021, whichever year had the greater total average daily
membership.
(B) If the average daily membership in March 2020 is greater for any given community
than in March 2021, the number of pupils shall be reduced by the number of students attending new
or expanding charter schools in FY 2022.
(iii) For FY 2023, "average daily membership" means the greater of the average number
of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-
22 in March 2020, March 2021 or March 2022, less any students who are served in a program
operated by the state and funded through the permanent foundation education aid formula pursuant
to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be
determined based on the districts of residence in whichever year had the greater total average daily
membership.
(A) For the purposes of determining the number of students in poverty, the department
shall divide the average daily membership of students reported as living in poverty in each district
of residence by the total average daily membership of students enrolled in the district of residence
in March 2020, March 2021 and March 2022. The greater percentage shall be applied to the average
daily membership used in the calculation of foundation education aid. For charter public schools,
Davies, and the Met Center, the average daily membership of students reported as living in poverty
shall be consistent with March 2020, March 2021 or March 2022, whichever year had the greater
total average daily membership.
(B) If the average daily membership in March 2020 is greater for any given community
than in March 2021 and March 2022, the number of pupils shall be reduced by the number of
students attending new or expanding charter schools in FY 2022 and FY 2023.
(C) If the average daily membership in March 2021 is greater for any given community
than in March 2022, the number of pupils shall be reduced by the number of students attending new
or expanding charter schools in FY 2023.
(3) "Basic education program" means the cost of education of resident pupils in grades
twelve (12) and below in average daily membership for the reference year as determined by the
mandated minimum program level.
(4) "Certified personnel" means all persons who are required to hold certificates issued by
or under the authority of the council on elementary and secondary education.
(5) "Community" means any city, town, or regional school district established pursuant to
law and/or the department of children, youth and families; provided, however, that the department
of children, youth and families shall not have those administrative responsibilities and obligations
as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho
regional high school district, created by P.L. 1958, ch. 55 as amended, shall constitute separate and
individual communities for the purpose of determining and distributing the foundation level school
support including state aid for noncapital excess expenses for the special education of children with
disabilities provided for in § 16-24-6 for all grades financed in whole or in part by the towns
irrespective of any regionalization and any school operated by the state department of elementary
and secondary education.
(6) "Department of children, youth and families" means that department created pursuant
to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22),
"children" means those children who are placed, assigned, or otherwise accommodated for
residence by the department of children, youth and families in a state operated or supported
community residence licensed by a state agency and the residence operates an educational program
approved by the department of elementary and secondary education.
(7) "Equalized weighted assessed valuation" means the equalized weighted assessed
valuation for a community as determined by the division of property valuation pursuant to the
provisions of § 16-7-21.
(8) "Full time equivalency students" means the time spent in a particular activity divided
by the amount of time in a normal school day.
(9) "Incentive entitlement" means the sum payable to a local school district under the
formula used.
(10) "Mandated minimum program level" means the amount that shall be spent by a
community for every pupil in average daily membership as determined pursuant to the provisions
19 of § 16-7-18.
(11) "Reference year" means the next year prior to the school year immediately preceding
that in which the aid is to be paid. For the purposes of calculating the permanent foundation
education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the
year in which aid is paid.
(12) "Regularly employed" and "service" as applied to certified personnel have the same
meaning as defined in chapter 16 of this title.
(a) For each community the state's share shall be computed as follows: Let
R=state share ratio for the community.
v=adjusted equalized weighted assessed valuation for the community, as defined in § 16-
30 7-21(3).
V=sum of the values of v for all communities.
m=average daily membership of pupils in the community as defined in § 16-7-22(3).
M=total average daily membership of pupils in the state.
E=approved reimbursable expenditures for the community for the reference year minus the
excess costs of special education, tuitions, federal and state receipts, and other income.
Then the state share entitlement for the community shall be RE where
R = 1 − 0.5vM/(Vm) through June 30, 2011, and R = 1 − 0.475 vM/(Vm) beginning on
4 July 1, 2011 and thereafter. Except that in no case shall R be less than zero percent (0%).
(b) Whenever any funds are appropriated for educational purposes, the funds shall be used
for educational purposes only and all state funds appropriated for educational purposes must be
used to supplement any and all money allocated by a city or town for educational purposes and in
no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city
or town for educational purposes. The courts of this state shall enforce this section by writ of
mandamus.
(c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro
Children's Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved
by the council on elementary and secondary education in accordance with currently existing rules
and regulations for administering state aid, and subject to annual appropriations by the general
assembly including, but not limited to, expenditures for educational personnel, supplies, and
materials in the prior fiscal year.
(d) In the event the computation of the state's share for any local education agency as
outlined in subsection (a) is determined to have been calculated incorrectly after the state budget
for that fiscal year has been enacted, the commissioner of elementary and secondary education shall
notify affected local education agencies, the senate president, and the speaker of the house within
fifteen (15) days of the determination.
(e) Realignment of aid payments to the affected local education agencies pursuant to
subsection (d) shall occur in the following fiscal year:
(1) If the determination shows aid is underpaid to the local education agency, any amounts
owed shall be paid in equal monthly installments.
(2) If the determination shows aid was overpaid, the department of elementary and
secondary education shall recapture some amount of the aid from the overpaid local education
agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the
number of full months remaining in the fiscal year when the notification required in subsection (d)
was made.
(f) The above notwithstanding, in no event shall the total paid to a local education agency
in the 2023 fiscal year pursuant to subsection (a), above, be reduced as a result of the
implementation of subsection (e), above; provided, however, that for the 2022 fiscal year, the full
amount of any payment due to an underpayment and realignment under subsection (e)(1), above,
shall be made for fiscal year 2022.
(g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the
calculation of the FY 2023 state share ratio.
(a)(1) In the case of regional school districts, the school housing aid ratio shall be increased
by two percent (2%) for each grade so consolidated.
(2) Regional school districts undertaking renovation project(s) shall receive an increased
share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share
ratio calculated in § 16-7-39 and this subsection.
(b) In the case of projects undertaken by districts specifically for the purposes of school
safety and security, the school housing aid share ratio shall be increased by five percent (5%) for
these specific projects only, in the calculation of school housing aid. The increased share ratio shall
continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for
the increased share ratio, seventy-five percent (75%) of the project costs must be specifically
directed to school safety and security measures. The council on elementary and secondary
education shall promulgate rules and regulations for the administration and operation of this
section.
(c) For purposes of addressing health and safety deficiencies as defined by the school
building authority, including the remediation of hazardous materials, the school housing aid ratio
shall be increased by five percent (5%) so long as the construction of the project commences by
21 December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty
million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.
In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a
minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(d) For purposes of educational enhancement, including projects devoted to the
enhancement of early childhood education and career and technical education, the school housing
aid ratio shall be increased by five percent (5%) so long as construction of the project commences
by December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty
million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.
In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a
minimum of five hundred thousand dollars ($500,000) must be specifically directed to these
purposes.
(e) For replacement of a facility that has a facilities condition index of sixty-five percent
(65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as
construction of the project commences by December 30, 2023, is completed by December 30, 2028,
does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million
dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order
to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum
of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(f) For any new construction or renovation that increases the functional utilization of any
facility from less than sixty percent (60%) to more than eighty percent (80%), including the
consolidation of school buildings within or across districts, the school housing aid ratio shall be
increased by five percent (5%) so long as construction of the project commences by December 30,
2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000)
general obligation bond is approved on the November 2018 ballot. In order to qualify for the
increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred
thousand dollars ($500,000) must be specifically directed to this purpose.
(g) For any new construction or renovation that decreases the functional utilization of any
facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)
to one hundred five percent (105%), the school housing ratio shall be increased by five percent
(5%) so long as construction of the project commences by December 30, 2023, is completed by
18 December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond
is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-
five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000)
must be specifically directed to this purpose.
(h) For consolidation of two (2) or more school buildings, within or across districts into
one school building, the school housing aid ratio shall be increased by five percent (5%) so long as
construction of the project commences by December 30, 2023, is completed by December 30, 2028,
a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the
26 November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g).
In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a
minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(i) Any regionalized and/or non-regionalized school district receiving an increased share
ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio
for as long as the project receives state housing aid.
SECTION 2. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The
Education Equity and Property Tax Relief Act" is hereby amended to read as follows:
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall
take effect. The foundation education aid for each district shall be the sum of the core instruction
amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),
which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to
determine the foundation aid.
(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-
instruction amount as established by the department of elementary and secondary education,
derived from the average of northeast regional expenditure data for the states of Rhode Island,
Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics
(NCES) that will adequately fund the student instructional needs as described in the basic education
program and multiplied by the district average daily membership as defined in § 16-7-22.
Expenditure data in the following categories: instruction and support services for students,
instruction, general administration, school administration, and other support services from the
National Public Education Financial Survey, as published by NCES, and enrollment data from the
Common Core of Data, also published by NCES, will be used when determining the core-
instruction amount. The core-instruction amount will be updated annually. For the purpose of
calculating this formula, school districts' resident average daily membership shall exclude charter
school and state-operated school students.
(2) The amount to support high-need students beyond the core-instruction amount shall be
determined by multiplying a student success factor of forty percent (40%) by the core instruction
per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child
whose family income is at or below one hundred eighty-five percent (185%) of federal poverty
guidelines, hereinafter referred to as "poverty status." By October 1, 2022, as part of its budget
submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of
elementary and secondary education shall develop and utilize a poverty measure that in the
department's assessment most accurately serves as a proxy for the poverty status referenced in this
subsection and does not rely on the administration of school nutrition programs. The department
shall utilize this measure in calculations pursuant to this subsection related to the application of the
student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state
share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department
31 may also include any recommendations which seek to mitigate any disruptions associated with the
implementation of this new poverty measure or improve the accuracy of its calculation.
(b) The department of elementary and secondary education shall provide an estimate of the
foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate
shall include the most recent data available as well as an adjustment for average daily membership
growth or decline based on the prior year experience.
(c) In addition, the department shall report updated figures based on the average daily
membership as of October 1 by December 1.
(d) Local education agencies may set aside a portion of funds received under subsection
(a) to expand learning opportunities such as after school and summer programs, full-day
kindergarten and/or multiple pathway programs, provided that the basic education program and all
other approved programs required in law are funded.
(e) The department of elementary and secondary education shall promulgate such
regulations as are necessary to implement fully the purposes of this chapter.
SECTION 3. Section 16-87-4 of the General Laws in Chapter 16-87 entitled "Rhode Island
Prekindergarten Education Act" is hereby amended to read as follows:
(a) The Rhode Island department of elementary and secondary education shall work with
other state departments and private philanthropy to establish a statewide, comprehensive, research-
based early childhood workforce development scholarship program to expand the numbers of early
childhood educators who have an associate's or bachelor's degree in early childhood education and
who work with children from birth to age five (5).
(b)(1) In furtherance of the goals set forth in this chapter, no later than January 1, 2023, the
governor’s workforce board shall convene a working group comprised of representatives from the
department of elementary and secondary education, department of human services, office of the
postsecondary commissioner, the RI early learning council, organized labor and early childhood
education industry employers, whose purpose shall be to identify barriers to entry into the early
childhood education workforce, and to design accessible and accelerated pathways into the
workforce, including, but not limited to, registered apprenticeships and postsecondary credit for
prior work experience.
(2) No later than April 1, 2023, the working group shall provide the general assembly with
recommendations for addressing the barriers to workforce entry and implementing the solutions
identified by the working group; the recommendations shall outline any administrative and
legislative action that would be required by participating agencies to implement the
recommendations.
SECTION 4. Chapter 16-87 of the General Laws entitled "Rhode Island Prekindergarten
Education Act" is hereby amended by adding thereto the following sections:
On or before December 31, 2022, the department of elementary and secondary education,
in collaboration with the department of human services and the children’s cabinet, as established
in § 45-72.5, shall submit to the governor, speaker of the house, president of the senate, and chairs
of house and senate finance and education committees, an annual growth plan to expand the state
prekindergarten program to five thousand (5,000) seats, for three- and four-year-old children, over
five (5) years, beginning in FY 2024, as well as recommendations for achieving universal
prekindergarten in the state. The growth plan shall detail annual targets and projected funding
needs, as well as how the state will:
(a) Equitably distribute prekindergarten funding to eligible providers;
(b) Ensure that access to infant and toddler care is not at risk as the state prekindergarten
program is expanded;
(c) Prepare, recruit and retain a highly-qualified early childhood workforce, including
adequate wages for early childhood educators, regardless of setting;
(d) Build capacity among new and existing providers to ensure quality standards are met
in all settings; and,
(e) Ensure providers in the mixed-delivery system have sufficient facilities to expand
access to high-quality prekindergarten services.
(a) No later than December 31, 2022, the department of human services shall provide the
speaker of the house and president of the senate with a report on the status of disbursement and
impact of capital funds made available by the early learning facilities general obligation bond
approved on March 2, 2021.
(b) The departments of elementary and secondary education and human services may also
provide recommendations for programs and initiatives to ensure that early childhood education
providers utilize facilities that meet licensing and facilities standards, in order to increase access to
high-quality prekindergarten learning environments. Programs and initiatives may include, but
shall not be limited to:
(1) Grant programs for facility planning and/or emergency facility maintenance;
(2) Establishing strategic partnerships between local education agencies and community-
based early learning providers to make use of available space in existing facilities; and/or
(3) Technical assistance for providers to access capital, navigate licensing standards for
facilities, and/or begin the facility improvement and development processes.
SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 87.1
EARLY CHILDHOOD GOVERNANCE WORKING GROUP
(a) There shall be created an early childhood governance working group (“the working
group”) consisting of:
(1) The director of the department of human services, or designee;
(2) The commissioner of the department of education, or designee;
(3) The commissioner of postsecondary education, or designee;
(4) The director of the department of health, or designee;
(5) The director of the department of administration, or designee;
(6) Chair of the children’s cabinet, who shall be responsible for convening the working
group; and
(7) The executive director of RI Kids Count, or designee.
(b) The working group shall convene any necessary subgroups of working group members
and other stakeholders to inform and complete the early childhood governance recommendations
required under this section.
(c) On or before October 1, 2023, the working group shall submit a report to the governor,
speaker of the house, president of the senate, and chairs of house and senate finance and education
committees, that shall include recommendations regarding the governance of early childhood
programs in the state. The recommendations shall address, but need not be limited to:
(1) The coordination and administration of early childhood programs and services;
(2) The governance and organizational structure of early childhood programs and services,
including whether, and under what circumstances, the state should consider unifying early
childhood programs under one state agency;
(3) The fiscal structure of proposed recommendations; and
(4) The implementation of early childhood data systems, for strategic planning, program
implementation and program evaluation.
(d) Staff of the children’s cabinet shall provide assistance in completing the duties of the
working group identified in this section.
(e) The RI early learning council shall serve as an advisory body to the working group.
SECTION 6. Section 16-107-5 of the General Laws in Chapter 16-107 entitled "Rhode
Island Promise Scholarship" is hereby amended to read as follows:
(a) The financial aid office, in conjunction with the office of enrollment management or
their respective equivalent offices, at the community college of Rhode Island, shall administer the
scholarship program for state residents seeking associate degrees who meet the eligibility
requirements in this chapter.
(b) An award of the scholarship program shall cover the cost of two (2) years of tuition and
mandatory fees, less federal and all other financial aid monies available to the recipient student. No
grant received by students from the College Crusade Scholarship Act as established in chapter 70
of title 16 shall be considered federal or financial aid for the purposes of this chapter.
(c) The scholarship program is limited to one award per student as required by § 16-107-
9 6(a)(7).
10 SECTION 7. This Article shall take effect upon passage.
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RELATING TO COURTS AND STATE HOSPITALS
SECTION 1. Section 8-8-1 of the General Laws in Chapter 8-8 entitled "District Court" is
hereby amended to read as follows:
There is established a district court for the state of Rhode Island which shall consist of a
chief judge and thirteen (13) fourteen (14) associate judges. The district court shall be a court of
record and shall have a seal with such words and devices as it shall adopt.
SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended
by adding thereto the following section:
(a) Findings and declarations. The general assembly finds and declares as follows:
(1) Mental illness is a prevalent and persistent issue in Rhode Island within the criminal
population in general and the incarcerated population in particular. Approximately one-fifth (1/5)
of all inmates at the adult correctional institutions have a diagnosed mental illness, while nearly
eighty percent (80%) have a history of substance abuse. Many suffer from both maladies.
(2) Mental illness can often go unrecognized and untreated, leaving some individuals to
suffer and spiral downward until they are caught in the criminal justice system. These individuals
often become trapped in a cycle of repeated prosecution and incarceration.
(3) Individuals with mental illness who are charged with crimes can benefit from
alternatives to incarceration when feasible, and when permitted to obtain proper treatment for
persistent mental health and substance abuse disorders through a jail diversion treatment program
that recognizes their special set of circumstances while at the same time providing accountability
for their wrong-doing and providing for the safety of the public.
(b) The district court shall create a voluntary mental health treatment calendar to better
address individuals who suffer from mental illness and are charged with a misdemeanor. The
district court will provide the tools and skills necessary to address these individuals’ unique
challenges thus helping them develop the insight needed to reintegrate successfully into society and
maintain a productive and law-abiding lifestyle within the community.
(c) There shall be established, funded and staffed a mental health alternative sentencing
and treatment calendar within the jurisdiction of the district court for hearing, addressing and
disposing of certain misdemeanor offenses in an effort to direct eligible defendants into a court
program that integrates support and treatment plans with the judicial process, potentially resulting
in alternatives to traditional prosecution, sentencing and incarceration; reducing the risk of
recidivism; realizing cost savings for the state and increasing public safety. Successful completion
6 may result in a full dismissal of charges or in reduced charges and alternative sentencing. The
mental health treatment calendar shall be overseen by a district court judge to be appointed pursuant
to chapter 16.1 of title 8, subject to an appropriation made by the general assembly.
(d) The chief judge of the district court shall create a mental health treatment calendar in
the district court and shall assign a district court judge and associated personnel to the extent
necessary to hear and decide all criminal actions involving offenses committed by defendants
accepted into the program. [The calendar shall be called the mental health treatment calendar.]
(e) An eligible defendant is any person who stands charged in a district court complaint
with one or more misdemeanors, and:
(1) Suffers from a mental, behavioral or emotional disorder resulting in serious functional
impairment which substantially interferes with or limits one or more major life activities; and
(2) Is determined by the court to be appropriate for participation in the mental health
treatment calendar.
(3) An individual’s history of substance and alcohol abuse may also be considered to the
extent necessary to make a proper diagnosis of a co-occurring disorder.
SECTION 3. Section 9-5-9 of the General Laws in Chapter 9-5 entitled "Writs, Summons
and Process" is hereby amended to read as follows:
Any warrant or mittimus issued from any superior or district court committing any person
to the institute of mental health Eleanor Slater Hospital or Rhode Island State Psychiatric Hospital
shall be directed to and executed by duly authorized agents of the department of human services
behavioral healthcare, developmental disabilities and hospitals, who shall make return thereon, the
provisions of any other law to the contrary notwithstanding.
SECTION 4. Sections 40.1-3-7 and 40.1-3-9 of the General Laws in Chapter 40.1-3 entitled
"Curative Services" are hereby amended to read as follows:
The director of the department shall establish, in his or her discretion, rules for the
government of the hospital Eleanor Slater Hospital, regulations for the admission of patients, and
shall generally be vested with all the powers necessary for the proper carrying on of the work
entrusted to him or her.
The director of behavioral healthcare, developmental disabilities and hospitals shall
appoint, or delegate to another employee of the department the authority to appoint, employees, as
he or she may deem necessary for the proper management of the institutions facilities of either or
both the Eleanor Slater Hospital or the Rhode Island State Psychiatric Hospital.
SECTION 5. Chapter 40.1-3 of the General Laws entitled "Curative Services" 1s hereby
amended by adding thereto the following section:
The director of the department shall establish, in his or her discretion, rules for the
governance of the Rhode Island State Psychiatric Hospital, regulations for the admission of
patients, and shall generally be vested with all the powers necessary for the proper carrying on of
the work entrusted to him or her.
SECTION 6. Section 40.1-3-8 of the General Laws m Chapter 40.1-3 entitled "Curative
Services" is hereby repealed:
40.1-3-8. Change of names of hospital for mental diseases and state infirmary.
The name of the state institution at Cranston formerly known as the state asylum for the
insane or the state hospital for the insane or the state hospital for mental diseases, and the name of
the state institution at Cranston formerly known as tile state almshouse or the state infirmary, or
the general hospital, shall hereafter be known as the "Eleanor Slater Hospital." In any general law,
other public law, or resolution of the general assembly, and in any document, record, instrument,
or proceeding authorized by any such law or resolution, unless the context or subject matter
otherwise requires, the words "state asylum for the insane" and the words "state hospital for the
insane" or "state hospital for mental disease" shall be construed to mean the "Eleanor Slater
Hospital."
28 SECTION 7. Sections 40.1-5-2, 40.1-5-5, 40.1-5-6, 40.1-5-7, 40.1-5-7.1, 40.1-5-8, 40.1-5-
29 11, 40.1-5-27.1, 40.1-5-31, 40.1-5-32, 40.1-5-33 and 40.1-5-34 of the General Laws in Chapter
40.1-5 entitled "Mental Health Law" are hereby amended to read as follows:
Whenever used in this chapter, or in any order, rule, or regulation made or promulgated
pursuant to this chapter, or in any printed forms prepared by the department or the director, unless
otherwise expressly stated, or unless the context or subject matter otherwise requires:
(1) "Alternatives to admission or certification" means alternatives to a particular facility or
treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient
treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a
friend or relative, placement in a nursing home, referral to a community mental health clinic and
home health aide services, or any other services that may be deemed appropriate.
(2) "Care and treatment" means psychiatric care, together with such medical, nursing,
psychological, social, rehabilitative, and maintenance services as may be required by a patient in
association with the psychiatric care provided pursuant to an individualized treatment plan recorded
in the patient's medical record.
(3) "Department" means the state department of behavioral healthcare, developmental
disabilities and hospitals.
(4) "Director" means the director of the state department of behavioral healthcare,
developmental disabilities and hospitals.
(5)(i) "Facility" means a state hospital or psychiatric inpatient facility in the department
any public or private hospital licensed by the Rhode Island department of health that maintains staff
and facilities, including inpatient units, for the care and treatment of persons with psychiatric
illness, psychiatric disorders, and/or psychiatric disabilities; and in order to operate pursuant to
Mental Health Act as codified in this chapter, such facility and/or inpatient unit must be approved
by the director of the department of behavioral healthcare, developmental disabilities and hospitals
upon application of such facility and/or inpatient unit, a psychiatric inpatient facility maintained by
a political subdivision of the state for the care and/or treatment of the mentally disabled; a general
or specialized hospital maintaining staff and facilities for this purpose; and any of the several
community mental health services established pursuant to chapter 8.5 of this title; and any other
facility within the state providing inpatient psychiatric care and/or treatment and approved by the
director upon application of this facility. Included within this definition shall be all hospitals,
institutions, facilities, and services under the control and direction of the director and the
department, as provided in this chapter. Nothing contained herein shall be construed to amend or
repeal any of the provisions of chapter 16 of title 23.
(ii) The Eleanor Slater Hospital shall be required to apply to the department for approval
from the director to operate pursuant to this chapter.
(iii) The Rhode Island State Psychiatric Hospital shall be required to apply to the
department for approval from the director to operate pursuant to this chapter.
(6) "Indigent person" means a person who has not sufficient property or income to support
himself or herself, and to support the members of his or her family dependent upon him or her for
support, and/or is unable to pay the fees and costs incurred pursuant to any legal proceedings
conducted under the provisions of this chapter.
(7) "Likelihood of serious harm" means:
(i) A substantial risk of physical harm to the person himself or herself as manifested by
behavior evidencing serious threats of, or attempts at, suicide;
(ii) A substantial risk of physical harm to other persons as manifested by behavior or threats
evidencing homicidal or other violent behavior; or
(iii) A substantial risk of physical harm to the mentally disabled person as manifested by
behavior that has created a grave, clear, and present risk to his or her physical health and safety.
(iv) In determining whether there exists a likelihood of serious harm, the physician and the
court may consider previous acts, diagnosis, words, or thoughts of the patient. If a patient has been
incarcerated, or institutionalized, or in a controlled environment of any kind, the court may give
great weight to such prior acts, diagnosis, words, or thoughts.
(9)(8) "Mental health professional" means a psychiatrist, psychologist, or social worker
and such other persons, including psychiatric nurse clinicians, as may be defined by rules and
regulations promulgated by the director.
(10)(9) "NICS database" means the National Instant Criminal Background Check System
as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act),
19 Pub. L. No. 103-159, 107 Stat. 1536 as established by 28 C.F.R. 25.1.
(11)(10)"Patient" means a person admitted voluntarily, certified or re-certified admitted to
a facility according to the provisions of this chapter.
(12)(11) "Physician" means a person duly licensed by the Rhode Island department of
health to practice medicine or osteopathy in this state pursuant to chapter 37 of title 5.
(8)(12) "Mental disability" "Psychiatric disability" means a mental disorder in which the
capacity of a person to exercise self-control or judgment in the conduct of his or her affairs and
social relations, or to care for his or her own personal needs, is significantly impaired.
(13) "Psychiatric nurse clinician" means a licensed, professional registered nurse with a
master's degree in psychiatric nursing or related field who is licensed by the Rhode Island
department of health pursuant to chapter 34 of title 5 and who is currently working in the mental
health field as defined by the American Nurses Association, and/or a licensed advanced practice
registered nurse with a population focus of psychiatric/mental health population focus as defined
in paragraphs (2) and (12)(vi) of § 5-34-3.
(14) "Psychiatrist" means a person duly licensed by the Rhode Island department of health
to practice medicine or osteopathy in this state pursuant to chapter 37 of title 5 who has, in addition,
completed three (3) years of graduate psychiatric training in a program approved by the American
Medical Association or American Osteopathic Association.
(15) "Psychologist" means a person certified licensed by the Rhode Island department of
health pursuant to chapter 44 of title 5.
(16) "Social worker" means a person with who has a masters or further advanced degree
from a school of social work, that is accredited by the council of social work education and who is
licensed by the Rhode Island department of health pursuant to chapter 39.1 of title 5.
(a) Admissions. Any person who is in need of care and treatment in a facility, as herein
defined, may be admitted or certified, received, and retained as a patient in a facility by complying
with any one of the following admission procedures applicable to the case:
(1) Voluntary admission.
(2) Emergency certification.
(3) Civil court certification.
(b) Forms. The director shall prescribe and furnish forms for use in admissions and patient
notification procedures under this chapter.
(c) Exclusions. No defective delinquent, person with a mental psychiatric disability, or
person under the influence of alcohol or drugs shall be certified to a facility, as herein defined,
solely by reason of that condition, unless the person also qualified for admission or certification
under the provisions of this chapter.
(d) Examining physician. For purposes of certification, no examining physician shall be
related by blood or marriage to the person who is applying for the admission of another, or to the
person who is the subject of the application; nor shall he or she have any interest, contractually,
testamentary, or otherwise (other than reasonable and proper charges for professional services
rendered), in or against the estate or assets of the person who is the subject of the application; nor
shall he or she be a manager, trustee, visitor, proprietor, officer, stockholder, or have any pecuniary
interest, directly or indirectly, or, except as otherwise herein expressly provided, be a director,
resident physician, or salaried physician, or employee in any facility to which it is proposed to
admit the person.
(e) Certificates. Certificates, as required by this chapter, must provide a factual description
of the person's behavior that indicates that the person concerned is mentally psychiatrically
disabled, creates a likelihood of serious harm, and is in need of care and treatment in a facility as
defined in this chapter. They shall further set forth such other findings as may be required by the
particular certification procedure used. Certificates shall also show that an examination of the
person concerned was made within five (5) days prior to the date of admission or certification,
unless otherwise herein provided. The date of the certificate shall be the date of the commencement
of the examination, and in the event examinations are conducted separately or over a period of
days, then the five-day (5) period above referred to (unless otherwise expressly provided) shall be
measured from the date of the commencement of the first examination. All certificates shall contain
the observations upon which judgments are based, and shall contain other information as the
director may by rule or regulation require.
(f) Rights of patients. No patient admitted or certified to any facility under any provision
of this chapter shall be deprived of any constitutional, civil, or legal right, solely by reason of such
admission or certification nor shall the certification or admission modify or vary any constitutional
or civil right, including, but not limited to, the right or rights:
(1) To privacy and dignity;
(2) To civil service or merit rating or ranking and appointment;
(3) Relating to the granting, forfeiture or denial of a license, permit, privilege, or benefit
pursuant to any law;
(4) To religious freedom;
(5) To be visited privately at all reasonable times by his or her personal physician, attorney,
and clergyperson, and by other persons at all reasonable times unless the official in charge of the
facility determines either that a visit by any of the other persons or a particular visitation time would
not be in the best interests of the patient and he or she incorporates a statement for any denial of
visiting rights in the individualized treatment record of the patient;
(6) To be provided with stationery, writing materials, and postage in reasonable amounts
and to have free unrestricted, unopened, and uncensored use of the mails for letters;
(7) To wear one's own clothes, keep and use personal possessions, including toilet articles;
to keep and be allowed to spend a reasonable sum of money for canteen expenses and small
purchases; to have access to individual storage space for his or her private use; and reasonable
access to telephones to make and receive confidential calls; provided, however, that any of these
rights may be denied for good cause by the official in charge of a facility or a physician designated
by him or her. A statement of the reasons for any denial shall be entered in the individualized
treatment record of the patient;
(8) To seek independent psychiatric examination and opinion from a psychiatrist or mental
health professional of his or her choice;
(9) To be employed at a gainful occupation insofar as the patient's condition permits,
provided however, that no patient shall be required to perform labor;
(10) To vote and participate in political activity;
(11) To receive and read literature;
(12) To have the least possible restraint imposed upon the person consistent with affording
him or her the care and treatment necessary and appropriate to his or her condition;
(13) To have access to the mental health advocate upon request;
(14) To prevent release of his or her name to the advocate or next of kin by signing a form
provided to all patients for that purpose at the time of admission.
(g) Records. A facility shall maintain for each patient admitted pursuant to this chapter, a
comprehensive medical record. The record shall contain a recorded, individualized treatment plan,
which shall at least monthly be reviewed by the physician of the facility who is chiefly responsible
for the patient's care, notations of the reviews to be entered in the record. The records shall also
contain information indicating at the time of admission or certification what alternatives to
admission or certification are available to the patient; what alternatives have been investigated; and
why the investigated alternatives were not deemed suitable. The medical record shall further
contain other information as the director may by rule or regulation require.
(h) Competence. A person shall not, solely by reason of his or her admission or certification
to a facility for examination or care and treatment under the provisions of this chapter, thereby be
deemed incompetent to manage his or her affairs; to contract; to hold, or seek a professional,
occupational, or vehicle operator's license; to make a will; or for any other purpose. Neither shall
any requirement be made, by rule, regulation, or otherwise, as a condition to admission and
retention, that any person applying for admission shall have the legal capacity to contract, it being
sufficient for the purpose, that the person understand the nature and consequence of making the
application.
(a)(1) General. Any individual of lawful age may apply for voluntary admission to any
facility provided for by this law seeking care and treatment for alleged mental psychiatric disability.
The application shall be in writing, signed by the applicant in the presence of at least one witness,
who shall attest to the application by placing his or her name and address thereon. If the applicant
has not yet attained his or her eighteenth (18th) birthday, the application shall be signed by him or
her and his or her parent, guardian, or next of kin.
(2) Admission of children. Any person who is under the age of eighteen (18) and who
receives medical benefits funded in whole or in part by either the department of children, youth and
families or by the department of human services may be admitted to any facility provided for by
this chapter seeking care and treatment for alleged mental psychiatric disability only after an initial
mental health crisis intervention is completed by a provider who is licensed by the department of
children, youth and families for emergency services, has proper credentials, and is contracted with
the RIte Care health plan or the state and the provider, after considering alternative services to
hospitalization with the child, family and other providers, requests prior authorization for the
admission from a representative of the child and family's insurance company or utilization review
organization representing the insurance company. If the inpatient hospital admits a child without
the crisis intervention and prior authorization from the insurance company or utilization review
organization, the hospital will be paid a rate equivalent to an Administratively Necessary Day
(AND) for each day that the insurance company or utilization review organization representing the
insurance company determines that the child did not meet the inpatient level-of-care criteria. The
state shall ensure that this provision is included in all publicly financed contracts and agreements
for behavioral health services. Activities conducted pursuant to this section shall be exempt from
the provisions of § 23-17.12 [repealed], but shall be subject to the provisions of subsection (b) of
this section.
(3) The department of human services shall develop regulations for emergency admissions
that would allow the admitting hospital to maintain its compliance with the provisions of the act
while meeting the need of the child.
(b) Period of treatment. If it is determined that the applicant is in need of care and treatment
for mental psychiatric disability and no suitable alternatives to admission are available, he or she
shall be admitted for a period not to exceed thirty (30) days. Successive applications for continued
voluntary status may be made for successive periods not to exceed ninety (90) days each, so long
as care and treatment is deemed necessary and documented in accordance with the requirements of
this chapter and no suitable alternatives to admission are available.
(c) Discharge.
(1) A voluntary patient shall be discharged no later than the end of the business day
following of his or her presenting a written notice of his or her intent to leave the facility to the
medical official in charge or the medical official designated by him or her, unless that official or
another qualified person from the facility files an application for the patient's civil court
certification pursuant to § 40.1-5-8. The notice shall be on a form prescribed by the director and
made available to all patients at all times. If a decision to file an application for civil court
certification is made, the patient concerned and his or her legal guardian(s), if any, shall receive
immediately, but in no event later than twelve (12) hours from the making of the decision, notice
of the intention from the official in charge of the facility, or his or her designee, and the patient
may, in the discretion of the official, be detained for an additional period not to exceed two (2)
business days, pending the filing and setting down for hearing of the application under § 40.1-5-8.
(2) A voluntary patient who gives notice of his or her intention or desire to leave the facility
4 may at any time during the period of his or her hospitalization prior to any certification pursuant to
§ 40.1-5-8, following the giving of the notice, submit a written communication withdrawing the
notice, whereby his or her voluntary status shall be considered to continue unchanged until the
expiration of thirty (30) or ninety (90) days as provided in subsection (b). In the case of an
individual under eighteen (18) years of age, the notice or withdrawal of notice may be given by
either of the persons who made the application for his or her admission, or by a person of equal or
closer relationship to the patient, who shall, as well, receive notice from the official in charge
indicating a decision to present an application for civil court certification. The official may in his
or her discretion refuse to discharge the patient upon notice given by any person other than the
person who made the application, and in the event of such a refusal, the person giving notice may
apply to a justice of the family court for release of the patient.
(d) Examination at facility. The medical official in charge of a facility shall ensure that all
voluntary patients receive preliminary physical and psychiatric examinations within twenty-four
(24) hours of admission. Furthermore, a complete psychiatric examination shall be conducted to
determine whether the person qualifies for care and treatment under the provisions of this chapter.
The examination shall begin within forty-eight (48) hours of admission and shall be concluded as
soon as practicable, but in no case shall extend beyond five (5) days. The examination shall include
an investigation with the prospective patient of (1) What alternatives for admission are available
and (2) Why those alternatives are not suitable. The alternatives for admission investigated and
reasons for unsuitability, if any, shall be recorded on the patient's record. If it is determined that the
patient does not belong to the voluntary class in that a suitable alternative to admission is available,
or is otherwise ineligible for care and treatment, he or she shall be discharged.
(e) Rights of voluntary patients. A voluntary patient shall be informed, in writing, of his or
her status and rights as a voluntary patient immediately upon his or her admission, and again at the
time of his or her periodic review(s) as provided in § 40.1-5-10, including his or her rights pursuant
to § 40.1-5-5(f). Blank forms for purposes of indicating an intention or desire to leave a facility
shall be available at all times and on and in all wards and segments of a facility wherein voluntary
patients may reside.
(a) Applicants.
(1) Any physician who, after examining a person, has reason to believe that the person is
in need of immediate care and treatment, and is one whose continued unsupervised presence in the
community would create an imminent likelihood of serious harm by reason of mental psychiatric
disability, may apply at a facility for the emergency certification of the person thereto. The medical
director, or any other physician employed by the proposed facility for certification, may apply
under this subsection if no other physician is available and he or she certifies this fact. If an
examination is not possible because of the emergency nature of the case and because of the refusal
of the person to consent to the examination, the applicant on the basis of his or her observation may
determine, in accordance with the above, that emergency certification is necessary and may apply
therefor. In the event that no physician is available, a qualified mental health professional who
believes the person to be in need of immediate care and treatment, and one whose continued
unsupervised presence in the community would create an imminent likelihood of serious harm by
reason of mental psychiatric disability, may make the application for emergency certification to a
facility. Application shall in all cases be made to the facility that, in the judgment of the applicant
at the time of application, would impose the least restraint on the liberty of the person consistent
with affording him or her the care and treatment necessary and appropriate to his or her condition.
(2) Whenever an applicant, who is not employed by a community mental health center
established pursuant to chapter 8.5 of this title, has reason to believe that either the institute of
mental health Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital is the
appropriate facility for the person, the application shall be directed to the community mental health
center that serves the area in which the person resides, if the person is a Rhode Island resident, or
the area in which the person is physically present, if a nonresident, and the qualified mental health
professional(s) at the center shall make the final decision on the application to either the institute
of mental health Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital or may
determine whether some other disposition should be made.
(b) Applications. An application for certification hereunder shall be in writing and filed
with the facility to which admission is sought. The application shall be executed within five (5)
days prior to the date of filing and shall state that it is based upon a personal observation of the
prospective patient by the applicant within the five-day (5) period. It shall include a description of
the applicant's credentials and the behavior that constitutes the basis for his or her judgment that
the prospective patient is in need of immediate care and treatment and that a likelihood of serious
harm by reason of mental psychiatric disability exists, and shall include, as well, any other relevant
information that may assist the admitting physician at the facility to which application is made.
Whenever practicable, prior to transporting or arranging for the transporting of a prospective patient
to a facility, the applicant shall telephone or otherwise communicate with the facility to describe
the circumstances and known clinical history to determine whether it is the proper facility to receive
the person, and to give notice of any restraint to be used or to determine whether restraint is
necessary. The application shall state whether the facility, in the judgment of the applicant at the
time of application, would impose the least restraint on the liberty of the person consistent with
affording him or her the care and treatment necessary and appropriate to his or her condition.
Whenever practicable, prior to transporting or arranging for the transporting of a prospective patient
to a facility, the applicant shall telephone or otherwise communicate with the facility to describe
the circumstances and known clinical history to determine whether it is the proper facility to receive
the person, and to give notice of any restraint to be used or to determine whether restraint is
necessary.
(c) Confirmation; discharge; transfer. Within one hour after reception at a facility, the
person regarding whom an application has been filed under this section shall be seen by a physician.
As soon as possible, but in no event later than twenty-four (24) hours after reception, a preliminary
examination and evaluation of the person by a psychiatrist or a physician under his or her
supervision shall begin. The psychiatrist shall not be an applicant hereunder. The preliminary
examination and evaluation shall be completed within seventy-two (72) hours from its inception
by the psychiatrist. If the psychiatrist determines that the patient is not a candidate for emergency
certification, he or she shall be discharged. If the psychiatrist(s) determines that the person who is
the subject of the application is in need of immediate care and treatment and is one whose continued
unsupervised presence in the community would create an imminent likelihood of serious harm by
reason of mental psychiatric disability, he or she shall confirm the admission for care and treatment
under this section of the person to the facility, provided the facility is one that would impose the
least restraint on the liberty of the person consistent with affording him or her the care and treatment
necessary and appropriate to his or her condition and that no suitable alternatives to certification
are available. If at any time the official in charge of a facility, or his or her designee, determines
that the person is not in need of immediate care and treatment, or is not one whose continued
unsupervised presence in the community would create an imminent likelihood of serious harm by
reason of mental psychiatric disability, or suitable alternatives to certification are available, he or
she shall immediately discharge the person. In addition, the official may arrange to transfer the
person to an appropriate facility if the facility to which he or she has been certified is not one that
imposes the least restraint on the liberty of the person consistent with affording him or her the care
and treatment necessary and appropriate to his or her condition.
(d) Custody. Upon the request of an applicant under this section, to be confirmed in writing,
it shall be the duty of any peace officer of this state or of any governmental subdivision thereof to
whom request has been made, to take into custody and transport the person to the facility
designated, the person to be expeditiously presented for admission thereto to take into custody and
immediately transport the person to the designated facility for admission thereto.
(e) Ex parte court order. An applicant under this section may present a petition to any judge
of the district court or any justice of the family court, in the case of a person who is the subject of
an application who has not yet attained his or her eighteenth birthday, for a warrant directed to any
peace officer of the state or any governmental subdivision thereof to take into custody the person
who is the subject of the application and immediately transport the person to a designated facility.
The application shall set forth that the person who is to be certified is in need of immediate care
and treatment and his or her continued unsupervised presence in the community would create an
imminent likelihood of serious harm by reason of mental psychiatric disability, and the reasons
why an order directing a peace officer to transport the person to a designated facility is necessary.
(f) Notification of rights. No person shall be certified to a facility under the provisions of
this section unless appropriate opportunity is given to apply for voluntary admission under the
provisions of § 40.1-5-6 and unless he or she, or a parent, guardian, or next of kin, has been
informed, in writing, on a form provided by the department, by the official in charge of the facility:
(1) That he or she has a right to the voluntary admission; (2) That a person cannot be certified until
all available alternatives to certification have been investigated and determined to be unsuitable;
and (3) That the period of hospitalization or treatment in a facility cannot exceed ten (10) days
under this section, except as provided in subsection (g) of this section.
(g) Period of treatment. A person shall be discharged no later than ten (10) days measured
from the date of his or her admission under this section, unless an application for a civil court
certification has been filed and set down for a hearing under the provisions of § 40.1-5-8, or the
person remains as a voluntary patient pursuant to § 40.1-5-6.
(a) Any police officer may take an individual into protective custody and take or cause the
person to be taken to an emergency room of any hospital, by way of emergency vehicle, if the
officer has reason to believe that:
(1) The individual is in need of immediate care and treatment, and is one whose continued
unsupervised presence in the community would create an imminent likelihood of serious harm by
reason of mental psychiatric disability if allowed to be at liberty pending examination by a licensed
physician; or
(2) The individual is in need of immediate assistance due to mental psychiatric disability
and requests the assistance.
(b) The officer making the determination to transport will document the reason for the
decision in a police report and travel with the individual to the hospital to relay the reason for
transport to the attending medical staff.
(a) Petitions. A verified petition may be filed in the district court, or family court in the
case of a person who has not reached his or her eighteenth (18th) birthday, for the certification to a
facility of any person who is alleged to be in need of care and treatment in a facility, and whose
continued unsupervised presence in the community would create a likelihood of serious harm by
reason of mental psychiatric disability. The petition may be filed by any person with whom the
subject of the petition may reside; or at whose house he or she may be; or the father or mother,
husband or wife, brother or sister, or the adult child of the person; the nearest relative if none of the
above are available; or his or her guardian; or the attorney general; or a local director of public
welfare; or the director of the department of behavioral healthcare, developmental disabilities and
hospitals; the director of the department of human services; or the director of the department of
corrections; the director of the department of health; the warden of the adult correctional
institutions; the superintendent of the boys training school for youth, or his or her designated agent;
or the director of any facility, or his or her designated agent, whether or not the person shall have
been admitted and is a patient at the time of the petition. A petition under this section shall be filed
only after the petitioner has investigated what alternatives to certification are available and
determined why the alternatives are not deemed suitable.
(b) Contents of petition. The petition shall state that it is based upon a personal observation
of the person concerned by the petitioner within a ten-day (10) period prior to filing. It shall include
a description of the behavior that constitutes the basis for the petitioner's judgment that the person
concerned is in need of care and treatment and that a likelihood of serious harm by reason of mental
psychiatric disability exists. In addition, the petitioner shall indicate what alternatives to
certification are available; what alternatives have been investigated; and why the investigated
alternatives are not deemed suitable.
(c) Certificates and contents thereof. A petition hereunder shall be accompanied by the
certificates of two (2) physicians unless the petitioner is unable to afford, or is otherwise unable to
obtain, the services of a physician or physicians qualified to make the certifications. The certificates
shall be rendered pursuant to the provisions of § 40.1-5-5, except when the patient is a resident in
a facility, the attending physician and one other physician from the facility may sign the certificates,
and shall set forth that the prospective patient is in need of care and treatment in a facility and
would likely benefit therefrom, and is one whose continued unsupervised presence in the
community would create a likelihood of serious harm by reason of mental psychiatric disability
together with the reasons therefor. The petitions and accompanying certificates shall be executed
under penalty of perjury, but shall not require the signature of a notary public thereon.
(d) Preliminary hearing.
(1) Upon a determination that the petition sets forth facts constituting reasonable grounds
to support certification, the court shall summon the person to appear before the court at a
preliminary hearing, scheduled no later than five (5) business days from the date of filing. This
hearing shall be treated as a priority on the court calendar and may be continued only for good
cause shown. In default of an appearance, the court may issue a warrant directing a police officer
to bring the person before the court.
(2) At the preliminary hearing, the court shall serve a copy of the petition upon the person
and advise him or her of the nature of the proceedings and of his or her right to counsel. If the
person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for
him or her. If the court finds that there is no probable cause to support certification, the petition
shall be dismissed, and the person shall be discharged unless the person applies for voluntary
admission. However, if the court is satisfied by the testimony that there is probable cause to support
certification, a final hearing shall be held not less than seven (7) days, nor more than twenty-one
(21) days, after the preliminary hearing, unless continued at the request of counsel for the person,
and notice of the date set down for the hearing shall be served on the person. Copies of the petition
and notice of the date set down for the hearing shall also be served immediately upon the person's
nearest relatives or legal guardian, if known, and to any other person designated by the patient, in
writing, to receive copies of notices. The preliminary hearing can be waived by a motion of the
patient to the court if the patient is a resident of a facility.
(e) Petition for examination.
(1) Upon motion of either the petitioner or the person, or upon its own motion, the court
26 may order that the person be examined by a psychiatrist appointed by the court. The examination
27 may be conducted on an outpatient basis and the person shall have the right to the presence of
counsel while it is being conducted. A report of the examination shall be furnished to the court, the
petitioner, and the person and his or her counsel at least forty-eight (48) hours prior to the hearing.
(2) If the petition is submitted without two (2) physicians' certificates as required under
subsection (c), the petition shall be accompanied by a motion for a psychiatric examination to be
ordered by the court. The motion shall be heard on the date of the preliminary hearing set by the
court pursuant to subsection (d), or as soon thereafter as counsel for the subject person is engaged,
appointed, and ready to proceed. The motion shall be verified or accompanied by affidavits and
shall set forth facts demonstrating the efforts made to secure examination and certification by a
physician or physicians and shall indicate the reasons why the efforts failed.
(3) After considering the motion and testimony as may be offered on the date of hearing
the motion, the court may deny the application and dismiss the petition, or upon finding: (i) That
there is a good cause for the failure to obtain one or more physician's certificates in accordance
with subsection (c); and (ii) That there is probable cause to substantiate the allegations of the
petition, the court shall order an immediate examination by two (2) qualified psychiatrists, pursuant
to subsection (e)(1).
(f) Professional assistance. A person with respect to whom a court hearing has been ordered
under this section shall have, and be informed of, a right to employ a mental health professional of
his or her choice to assist him or her in connection with the hearing and to testify on his or her
behalf. If the person cannot afford to engage such a professional, the court shall, on application,
allow a reasonable fee for the purpose.
(g) Procedure. Upon receipt of the required certificates and/or psychiatric reports as
applicable hereunder, the court shall schedule the petition for final hearing unless, upon review of
the reports and certificates, the court concludes that the certificates and reports do not indicate, with
supporting reasons, that the person who is the subject of the petition is in need of care and treatment;
that his or her unsupervised presence in the community would create a likelihood of serious harm
by reason of mental psychiatric disability; and that all alternatives to certification have been
investigated and are unsuitable, in which event the court may dismiss the petition.
(h) Venue. An application for certification under this section shall be made to, and all
proceedings pursuant thereto shall be conducted in, the district court, or family court in the case of
a person who has not yet reached his or her eighteenth (18th) birthday, of the division or county in
which the subject of an application may reside or may be, or when the person is already a patient
in a facility, in the district court or family court of the division or county in which the facility is
located, subject, however, to application by any interested party for change of venue because of
inconvenience of the parties or witnesses or the condition of the subject of the petition or other
valid judicial reason for the change of venue.
(i) Hearing. A hearing scheduled under this section shall be conducted pursuant to the
following requirements:
(1) All evidence shall be presented according to the usual rules of evidence that apply in
civil, non-jury cases. The subject of the proceedings shall have the right to present evidence in his
or her own behalf and to cross examine all witnesses against him or her, including any physician
who has completed a certificate or filed a report as provided hereunder. The subject of the
proceedings shall have the further right to subpoena witnesses and documents, the cost of such to
be borne by the court where the court finds upon an application of the subject that the person cannot
afford to pay for the cost of subpoenaing witnesses and documents.
(2) A verbatim transcript or electronic recording shall be made of the hearing that shall be
impounded and obtained or examined only with the consent of the subject thereof (or in the case of
a person who has not yet attained his or her eighteenth (18th) birthday, his or her parent, guardian,
or next of kin) or by order of the court.
(3) The hearing may be held at a location other than a court, including any facility where
the subject may currently be a patient, where it appears to the court that holding the hearing at
another location would be in the best interests of the subject thereof.
(4) The burden of proceeding and the burden of proof in a hearing held pursuant to this
section shall be upon the petitioner. The petitioner has the burden of demonstrating that the subject
of the hearing is in need of care and treatment in a facility; is one whose continued unsupervised
presence in the community would create a likelihood of serious harm by reason of mental
psychiatric disability; and what alternatives to certification are available, what alternatives to
certification were investigated, and why these alternatives were not deemed suitable.
(5) The court shall render a decision within forty-eight (48) hours after the hearing is
concluded.
(j) Order. If the court at a final hearing finds by clear and convincing evidence that the
subject of the hearing is in need of care and treatment in a facility, and is one whose continued
unsupervised presence in the community would, by reason of mental psychiatric disability, create
a likelihood of serious harm, and that all alternatives to certification have been investigated and
deemed unsuitable, it shall issue an order committing the person to the custody of the director for
care and treatment or to an appropriate facility. In either event, and to the extent practicable, the
person shall be cared for in a facility that imposes the least restraint upon the liberty of the person
consistent with affording him or her the care and treatment necessary and appropriate to his or her
condition. No certification shall be made under this section unless and until full consideration has
been given by the certifying court to the alternatives to in-patient care, including, but not limited
to, a determination of the person's relationship to the community and to his or her family; of his or
her employment possibilities; and of all available community resources, alternate available living
arrangements, foster care, community residential facilities, nursing homes, and other convalescent
facilities. A certificate ordered pursuant to this section shall be valid for a period of six (6) months
from the date of the order. At the end of that period the patient shall be discharged, unless he or she
is discharged prior to that time, in which case the certification shall expire on the date of the
discharge.
(k) Appeals.
(1) A person certified under this section shall have a right to appeal from a final hearing to
the supreme court of the state within thirty (30) days of the entry of an order of certification. The
person shall have the right to be represented on appeal by counsel of his or her choice or by the
mental health advocate if the supreme court finds that he or she cannot afford to retain counsel.
Upon a showing of indigency, the supreme court shall permit an appeal to proceed without payment
of costs, and a copy of the transcript of the proceedings below shall be furnished to the subject of
the proceedings, or to his or her attorney, at the expense of the state. The certifying court shall
advise the person of all his or her rights pursuant to this section immediately upon the entry of an
order of certification.
(2) Appeals under this section shall be given precedence, insofar as practicable, on the
supreme court dockets. The district and family courts shall promulgate rules with the approval of
the supreme court to insure the expeditious transmission of the record and transcript in all appeals
pursuant to this chapter.
(l) Submission to NICS database.
(1) The district court shall submit the name, date of birth, gender, race or ethnicity, and
date of civil commitment to the National Instant Criminal Background Check System (NICS)
database of all persons subject to a civil court certification order pursuant to this section within
forty-eight (48) hours of certification.
(2) Any person affected by the provisions of this section, after the lapse of a period of three
(3) years from the date such civil certification is terminated, shall have the right to appear before
the relief from disqualifiers board.
(3) Upon notice of a successful appeal pursuant to subsection (k), the district court shall,
as soon as practicable, cause the appellant's record to be updated, corrected, modified, or removed
from any database maintained and made available to the NICS and reflect that the appellant is no
longer subject to a firearms prohibition as it relates to 18 U.S.C. § 922(d)(4) and 18 U.S.C. §
28 922(g)(4).
(m) Equitable authority. In addition to the powers heretofore exercised, the district and
family courts are hereby empowered, in furtherance of their jurisdiction under this chapter, to grant
petitions for instructions for the provision or withholding of treatment as justice and equity may
require.
(a) The official in charge of any facility, or his or her designated agent, on having his or
her reasons noted on the patient's records, shall discharge any patient certified or admitted pursuant
to the provisions of this chapter, when:
(1) Suitable alternatives to certification or admission are available;
(2) The patient is, in the judgment of the official, recovered;
(3) The patient is not recovered, but discharge, in the judgment of the official, will not
create a likelihood of serious harm by reason of mental psychiatric disability.
(b) When a patient discharge is requested and if the discharge is denied, the reasons therefor
shall be stated, in writing, and noted in the patient's record and a copy thereof shall be given to the
person applying for the release.
(c) At the expiration of the six-month (6) period set forth in § 40.1-5-8(j), or any subsequent
six-month (6) period following recertification pursuant to this section, the patient shall be
unconditionally released unless a recertification petition is filed by the official in charge of a
facility, or his or her designated agent, within no less than fifteen (15) days and no more than thirty
(30) days prior to the scheduled expiration date of a six-month (6) period. A hearing must be held
pursuant to the petition and a decision rendered before the expiration of the six-month (6) period.
A recertification hearing shall follow all of the procedures set forth in § 40.1-5-8 and recertification
17 may be ordered only if the petitioner proves by clear and convincing evidence that the conduct and
responses of the patient during the course of the previous six-month (6) period indicate that the
patient is presently in need of care and treatment in a facility; is one whose continued unsupervised
presence in the community would create a likelihood of serious harm by reason of mental
psychiatric disability; and that all alternatives to recertification have been investigated and deemed
unsuitable.
(a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental health professional providing
care and treatment to an adult person with a mental psychiatric disability as defined in § 40.1-5-
2(8) § 40.1-5-2(12) may provide certain information to a family member or other person if this
family member or other person lives with and provides direct care to the mentally psychiatrically
disabled person, and without such direct care there would be significant deterioration in the
mentally psychiatrically disabled person's daily functioning, and such disclosure would directly
assist in the care of the mentally psychiatrically disabled person. Disclosure can be made only at
the written request of the family member or person living with the mentally psychiatrically disabled
person.
(b) Prior to the disclosure, the mentally psychiatrically disabled person shall be informed,
in writing, of the request, the name of the person requesting the information, the reason for the
request, and the specific information being provided. Prior to disclosure, the mentally
psychiatrically disabled person shall be provided the opportunity to give or withhold consent. If the
mentally psychiatrically disabled person withholds consent, the information shall not be disclosed
and the family member or other person shall be provided the opportunity to appeal. Disclosures
shall be limited to information regarding diagnosis, admission to or discharge from a treatment
facility, the name of the medication prescribed, and side effects of prescribed medication.
(c) On or before April 1, 1993, the department of behavioral healthcare, developmental
disabilities and hospitals shall promulgate rules and regulations to further define and interpret the
provisions of this section. In the development of these rules and regulations, the department shall
work with an advisory committee composed, at a minimum, of proportionate representation from
the following: the Coalition of Consumer Self Advocates, the Alliance for the Mentally Ill, the
Mental Health Association of Rhode Island, the Council of Community Mental Health Centers, the
mental health advocate, and Rhode Island Protection and Advocacy Services. Rules and regulations
by the department shall include the provision of an appeals process, that would serve to protect the
rights of mentally psychiatrically disabled persons under the law.
Facilities under the jurisdiction, supervision, and control of the department shall be
maintained, and services shall be provided, for the care and treatment of the mentally
psychiatrically disabled of the state and for other persons and related purposes as shall be provided
and authorized by law.
(a) No transfer of a patient already in a facility shall be made to a facility, or section of a
facility, maintained for patients certified upon an order of a court or judge having criminal
jurisdiction in a proceeding arising out of a criminal offense. The official in charge of a facility, or
his or her designated agent, shall have reasonable discretion to order or permit transfers within a
facility for reason of finances, adequacy of personnel, and upon conditions set forth in rules or
regulations promulgated by the director pursuant hereto.
(b) A patient certified to any facility pursuant to the provisions of this chapter may be
transferred, with his or her consent or that of his or her guardian, to any facility within or without
the state or to an institution operated by the Veterans' Administration or to any agency of the United
States government for the treatment of mental psychiatric disability at a facility under its
jurisdiction, within or without the state, when deemed in the interest of the patient and approved
by the transferring and receiving facilities. A transfer as above described may be accomplished
without the consent of a patient, or his or her guardian, only upon prior application to, and a hearing
in, the district court (or family court in the case of a patient under eighteen (18) years of age) and a
specific finding by the court that the proposed transfer is in the best interests of the patient and is
to a facility that will afford the patient the care and treatment necessary and appropriate to his or
her condition.
(c) A patient received on voluntary admission may be transferred as provided in subsection
(b) with his or her consent; and if the patient shall not yet have attained his or her eighteenth
birthday, with the consent of his or her parent, guardian, next of kin, or person who signed for his
or her admission. A voluntary patient may be transferred to another facility without his or her
consent only upon the filing of a petition for certification to the facility, and a finding of probable
cause at a preliminary hearing in accordance with § 40.1-5-8.
(d) Patients transferred to facilities without the state, or to the Veterans' Administration or
the United States Public Health Service, or another agency operated by the United States
government, shall be subject to the rules and regulations of the facility or institution to which they
are transferred, and the person or official in charge thereof, in connection with the care and
treatment of the patient, being vested with the same powers as persons in charge of similar facilities
within the state, provided that no such transfer shall be made to a facility maintained for the purpose
of patients committed upon an order of a court or judge having criminal jurisdiction in a proceeding
arising out of a criminal offense. Transfers of patients between states that have entered into the
interstate compact on mental health shall be pursuant to and in accordance with said compact
whenever applicable.
For the purposes of this chapter, facilities shall be maintained by the state for the care,
treatment, and maintenance of the mentally psychiatrically disabled, and the patients may be
maintained and treated in the facilities or in foster family care, and may receive the services
conditioned upon prompt and regular payments for the care, maintenance, and treatment or for the
services in amounts as fixed by the director. In the discretion of the director, the rates so fixed may
be the reimbursement rates or in excess thereof. A preference shall be given to persons whose
estate, or the person or persons legally liable for their support, cannot sufficiently pay for the care
and treatment, or for the services in licensed private facilities or from sources outside the
department. The director, in his or her discretion, may accept payments for services at less than the
reimbursement rates, but the acceptance of the lesser payments shall not release the patient, his or
her estate, or relatives, if they have sufficient financial ability, from the obligation to make up the
difference between the amount fixed, accepted, or paid and the full reimbursement rates.
Where under any provision of any existing law, except in the case of a person held under
criminal process, or under process of the family court for an act that would be considered a crime
if committed by an adult, any person with mental psychiatric disability, as defined in this chapter,
shall have recourse to or be dealt with as provided in this chapter, exclusively. This section shall
prevail notwithstanding the provisions of § 14-1-5(1)(v).
SECTION 8. Sections 40.1-5.3-1, 40.1-5.3-2 and 40.1-5.3-3 of the General Laws in
Chapter 40.1-5.3 entitled "Incompetency to Stand Trial and Persons Adjudged Not Guilty by
Reason of Insanity" are hereby amended to read as follows:
(a) The state director of behavioral healthcare, developmental disabilities and hospitals
shall maintain, at the state institution of Cranston, an appropriate facility appropriate facilities,
including the Rhode Island State Psychiatric Hospital and the Eleanor Slater Hospital, for the
confinement of persons committed to his or her custody pursuant to this chapter and shall provide
for the proper care, treatment, and restraint of all such persons. All persons now or hereafter
committed, pursuant to the provisions of §§ 40.1-5.3-3, 40.1-5.3-4, 40.1-5.3-7, or the provisions of
prior law, shall be removed or committed, as the case may be, to the facility to the facility into the
custody of the director, or his or her designee, who in turn shall ensure the admission of the person
to either the Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital in the discretion
of the director or his or her designee.
(b) The cost of care, maintenance, and treatment of persons committed to the custody of
the director of behavioral healthcare, developmental disabilities and hospitals, as provided in §§
40.1-5.3-3 and 40.1-5.3-4, unless otherwise provided for, shall be paid by the person, if he or she
has any estate, or by the person liable for his or her support, if such there be; otherwise, the director
24 may maintain without charge or defray the expense of care and treatment of the poor or indigent
persons incompetent to stand trial or acquitted on the grounds of insanity.
Whenever any person committed, transferred, or removed to either the Rhode Island State
Psychiatric Hospital or the Eleanor Slater Hospital to the facility provided for in § 40.1-5.3-1 shall
have recovered his or her mental health sufficiently, or if any such person requires more intensive
treatment or supervision to be cared for in the general wards of the institute of mental health, the
director may, upon request of the superintendent chief executive officer or the chief medical officer
of the state either state-operated hospital, transfer discharge the person to the general wards of the
state hospital, and retransfer him or her to the facility provided for in § 40.1-5.3-1 upon a like
request from the first hospital and then admit the person to the general units of either the Rhode
Island State Psychiatric Hospital or Eleanor Slater Hospital, as the case may be.
(a) Definitions. As used in this section:
(1) "Attorney for the state" means the attorney general, an authorized assistant attorney
general, or other person as may be authorized by law to act as a representative of the state in a
criminal proceeding;
(2) "Competent" or "competency" means mental ability to stand trial. A person is mentally
competent to stand trial if he or she is able to understand the character and consequences of the
proceedings against him or her and is able properly to assist in his or her defense;
(3) "Department" means the state department of behavioral healthcare, developmental
disabilities and hospitals.
(4) "Director" means the director of the state department of behavioral healthcare,
developmental disabilities and hospitals;
(5) "Incompetent" or "incompetency" means mentally incompetent to stand trial. A person
is mentally incompetent to stand trial if he or she is unable to understand the character and
consequences of the proceedings against him or her or is unable properly to assist in his or her
defense.
(b) Presumption of competency. A defendant is presumed competent. The burden of
proving that the defendant is not competent shall be by a preponderance of the evidence, and the
burden of going forward with the evidence shall be on the party raising the issue. The burden of
going forward shall be on the state if the court raises the issue.
(c) Request for examination. If at any time during a criminal proceeding, prior to the
imposition of sentence, it appears that the defendant is not competent, counsel for the defendant or
the state, or the court, on its own motion, may request an examination to determine the defendant's
competency.
(d) Examination of defendant.
(1) If the court finds that the request for examination is justified, the court shall order an
examination of the defendant. The scope of the examination shall be limited to the question of
whether the defendant is competent.
(2) The examination shall take place on an outpatient basis if the defendant is to be released
on bail or recognizance. If the defendant is ordered confined at the adult correctional institutions,
the examination shall take place at that facility. The department shall appoint or designate the
physician(s) who will conduct the examinations.
(3) If the defendant is ordered confined to the adult correctional institutions, the physician
shall complete the examination within five (5) days. If the physician determines that the defendant
is incompetent to stand trial, the defendant shall be immediately transferred for admission to the
institute of mental health's forensic unit Rhode Island State Psychiatric Hospital or the Eleanor
Slater Hospital, pending the hearing provided for in subsection (g). At the discretion of the director,
pending the hearing provided for in subsection (g), the defendant may be discharged from one state-
operated hospital for the purpose of contemporaneously admitting the defendant to the other state-
operated hospital pursuant to the procedures enumerated in§ 40.1-5.3-2.
(e) Bail or recognizance during examination.
(1) A defendant for whom a competency examination has been ordered shall be entitled to
release on bail or recognizance to the same extent and on the same terms and conditions as if the
issue of competency had not been raised.
(2) The court may order the defendant to appear at a designated time and place for
outpatient examination, and such an appearance may be made a condition of pretrial release.
(f) Reports of examining physicians. Each examining physician shall prepare a report, in
writing, in which he or she shall state his or her findings concerning the defendant's competency,
together with the medical and other data upon which his or her findings are based. The report shall
be filed with the court within ten (10) business days if the defendant was ordered confined at the
adult correctional institutions, and as soon as practicable if the defendant was released on bail or
recognizance, and copies given to the attorney for the state and to the defendant or his or her
counsel.
(g) Hearing. Upon receipt of the report and appropriate notice to the parties, the court shall
hold a hearing unless the report concludes that the defendant is competent and the defendant and
the attorney for the state in open court state their assent to the findings on the record. At the hearing,
the report shall be introduced, other evidence bearing on the defendant's competence may be
introduced by the parties, and the defendant may testify, confront witnesses, and present evidence
on the issue of his or her competency. On the basis of the evidence introduced at the hearing, the
court shall decide if the defendant is competent.
(h) Commitment of the defendant.
(1) If the court finds, after the hearing, that a defendant is competent, it shall proceed with
the criminal case.
(2) If the court finds that a defendant is incompetent, it shall commit him or her to the
custody of the director for the purpose of determining whether or not the defendant is likely to
imperil the peace and safety of the people of the state or the safety of himself or herself and whether
the defendant will regain competency within the maximum period of any placement under this
chapter.
(3) Not later than fifteen (15) days from the date of the order of commitment, the director
shall prepare and file with the court a written report in which he or she shall state his or her opinion
regarding the defendant's dangerousness; the likelihood of the defendant becoming competent to
stand trial within the maximum period of any placement order; and the recommendations of the
department regarding appropriate care and treatment of the defendant.
(4) In the event the director is unable to complete the examination of the person in time to
render his or her report within the fifteen-day (15) period, he or she shall report that fact, in writing,
to the court with a statement of the reasons why the examination and report could not be completed
within the prescribed period. A copy of the director's statement shall be given to the attorney general
and to the defendant, or his or her counsel, any of whom may respond in writing, or if the court
deems it appropriate, orally, to the director's statement. The court may thereupon enter an order
extending for an additional twenty (20) days the time in which the director is to file his or her report.
(i) Hearing.
(1) Upon receipt of the report and appropriate notice to the director, the attorney general,
and the defendant, or his or her counsel, the court shall hold a hearing at which the report shall be
introduced, other evidence bearing on the question of the mental condition of the person may be
introduced by the parties, and the person may testify, confront witnesses, and present evidence.
(2) If the court finds that a defendant who is incompetent may be placed on outpatient status
without imperiling the peace or safety of the public or the safety of himself or herself, it may
commit the defendant to an appropriate outpatient facility that agrees to provide treatment to the
defendant and to adhere to the requirements of this section, in order that the defendant may receive
treatment to restore or establish his or her competency.
(3) If the court finds that a defendant who is incompetent is likely to imperil the peace or
safety of the people of the state or the peace and safety of himself or herself, it may order the
defendant to the facility established Rhode Island State Psychiatric Hospital or the Eleanor Slater
Hospital, pursuant to § 40.1-5.3-1 or to the general wards of the institute of mental health, if the
director agrees that the defendant should be placed on the general wards. A person who is ordered
to be treated on inpatient status shall not be paroled, furloughed, placed on outpatient status or
removed from a locked facility, or otherwise released from the institution where he or she is being
treated except upon petition to the court by the director, on notice to the attorney general and the
defendant, or his or her counsel, and after hearing thereon and entry of an order by a judge of the
court authorizing release. The commitment ordered pursuant to this section shall terminate upon
the occurrence of any of the following:
(i) The defendant is determined by the court to be competent; or
(ii) The charges against the defendant are dismissed pursuant to subsection (j); or
(iii) The charges against the defendant are dismissed or a nolle prosequi is entered; or
(iv) The defendant is civilly committed pursuant to § 40.1-5-8; or
(v) The court finds there is no reasonable likelihood that in the foreseeable future the
defendant will become competent and his or her condition is such that he or she cannot properly be
committed under § 40.1-5-8.
(j) Period of commitment. When a court commits a defendant pursuant to subsection (i)(2)
or (i)(3), it shall compute, counting from the date of entry to the order of commitment, the date of
the expiration of the period of time equal to two thirds (⅔) of the maximum term of imprisonment
for the most serious offense with which the defendant is charged. If the maximum term for the most
serious offense charged is life imprisonment or death, the court shall, for the purpose of
computation, deem the offense to be punishable by a maximum term of thirty (30) years. In the
order of commitment, the court shall provide that if, on the date so computed, the defendant is still
committed under the order, the charges against him or her shall be dismissed.
(k) Periodic review. The director shall petition the court to review the state of competency
of a defendant committed pursuant to subsection (i)(2) or (i)(3) not later than six (6) months from
the date of the order of commitment and every six (6) months thereafter, or when the director
believes the defendant is no longer incompetent, whichever occurs first. Outpatient facilities that
are providing treatment to defendants in accordance with subsection (i)(2) shall prepare reports to
be submitted to the director in accordance with the requirements of this section. The director shall
attach to the petition a report on the condition of the defendant. If the report indicates that the
defendant remains incompetent, it shall include a prognosis regarding the likelihood that he or she
will become competent prior to the dismissal of the charges pursuant to subsection (j). Copies of
the report shall be given to the attorney for the state and to the defendant or his or her counsel.
(l) Defendant's right to petition. A defendant committed pursuant to subsection (i)(2) or
(i)(3) may at any time petition the court to review the state of his or her competency.
(m) Hearing on petition. Upon receipt of a petition pursuant to subsection (k) or (l) and
appropriate notice to the defendant, the state, and the director, the court shall hold a hearing at
which the parties may introduce evidence as to the defendant's competency, including any reports
of the director, and the defendant may testify, confront witnesses, and present evidence as to his or
her competency and prognosis. On the basis of the evidence, the court shall make a finding as to
the defendant's competency and, if he or she is found to be incompetent, whether a reasonable
likelihood exists that he or she will become competent prior to the dismissal of the charges pursuant
to subsection (j). If the court finds that the defendant is competent, it shall enter an order to that
effect. If the court finds that the defendant is incompetent and that a reasonable likelihood exists
that he or she will become competent prior to the dismissal of the charges pursuant to subsection
(j), it shall order continuation of the commitment of the defendant. If the court finds that the
defendant is incompetent and that a reasonable likelihood does not exist that he or she will become
competent prior to the dismissal of the charges pursuant to subsection (j), it shall order that thirty
(30) days thereafter the defendant be discharged from detention under the order of commitment.
Upon entry of the order, the state may commence proceedings seeking to commit the defendant
pursuant to § 40.1-5-8.
(n) Statements inadmissible. No statements made by a defendant in the course of an
examination conducted pursuant to subsection (d) or during a hearing conducted pursuant to
subsection (i) or (m) shall be admissible in evidence against the defendant in any criminal action
on any issue other than his or her mental condition. The statements shall be admissible on the issue
of his or her mental condition even though they might otherwise be deemed to be privileged
communications.
(o) Disposition of charges. The court may, at any time, proceed to a disposition of the
charges pending against a defendant who has been committed pursuant to subsection (i)(2) or (i)(3)
if the factual and legal issues involved can be resolved without regard to the competency of the
defendant.
SECTION 9. Sections 42-12.1-4 and 42-12.1-9 of the General Laws in Chapter 42-12.1
entitled "Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" are
hereby amended to read as follows:
The department of behavioral healthcare, developmental disabilities and hospitals shall
have the management, supervision, and control of both the Eleanor Slater Hospital and the Rhode
Island State Psychiatric Hospital, and such other functions as have been or may be assigned. The
director of the department may delegate to another employee of the department any functions
related to the separate management, supervision and control of the state-operated hospitals. The
department also shall operate, maintain, and repair the buildings, grounds, and other physical
property at those institutions, other than the roads and driveways, which shall be under the care and
supervision of the department of transportation.
The facilities known as the general hospital, the institution of mental health and the Dr. U.
E. Zambarano within the state of Rhode Island shall hereafter be named the "Eleanor Slater
Hospital." The hospital known as the Eleanor Slater Hospital shall consist of facilities in Cranston
and/or Burrillville, or any units of such facilities, as licensed by the department of health.
SECTION 10. Chapter 42-12.1 of the General Laws entitled "Department of Behavioral
Healthcare, Developmental Disabilities and Hospitals" is hereby amended by adding thereto the
following section:
(a) A new hospital is hereby established to furnish care to any adult patient in Rhode Island
requiring inpatient psychiatric care, and who meets at least one of the following criteria:
(1) The individual has been determined to require specialized mental health care and
psychiatric inpatient services that cannot be provided in a correctional facility as defined in § 40.1-
12 5.3-7:
(2) The individual has been ordered to inpatient care by a court of competent jurisdiction
for the purpose of competency evaluation, competency restoration, if indicated, and treatment;
(3) The individual has been ordered to the forensic unit after a finding of not guilty by
reason of insanity until such time, subject to a determination of the director or his/her designee, the
individual may be safely managed in a civil unit of Eleanor Slater Hospital;
(4) The individual has been transferred to the Rhode Island State Psychiatric Hospital from
the department of corrections when specialized services are required that are better provided in a
hospital setting and are provided until such time. in the discretion of the director, the patient's
condition has improved to the point at which the patient may be returned to the adult correctional
institutions and to receive sufficient treatment, as approved by a judge of the district court or a
justice of the superior court pursuant the applicable procedures and requirements of sections 6, 7,
8, 9 and/or 9.1 of chapter 5.3 of title 40.1.
(b) The new hospital shall be named the Rhode Island State Psychiatric Hospital and shall
consist of facilities, or any units of such facilities, on the grounds of the John O. Pastore Center in
Cranston. Rhode Island, as licensed by the department of health.
(c) The Rhode Island State Psychiatric Hospital shall be operated by the department of
behavioral healthcare, developmental disabilities and hospitals and shall be licensed by the
department of health pursuant to chapter 17 of title 23; however, the Rhode Island State Psychiatric
Hospital shall be a separate licensed entity from the Eleanor Slater Hospital; and
(d) The director of the department of behavioral healthcare, developmental disabilities and
hospitals is authorized to take such actions as may be necessary or prudent to establish the Rhode
Island State Psychiatric Hospital consistent with this chapter.
1 SECTION 11. This article shall take effect upon passage.
art.012/7/012/6/012/5/012/4/012/3/012/2/012/1
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RELATING TO MEDICAL ASSISTANCE
SECTION 1. Sections 12-1.6-1 and 12-1.6-2 of the General Laws in Chapter 12-1.6 entitled
"National Criminal Records Check System" are hereby amended to read as follows:
The department of attorney general may establish and maintain an automated fingerprint
identification system database that would allow the department to store and maintain all fingerprints
submitted in accordance with the national criminal records check system. The automated
fingerprint identification system database would provide for an automatic notification if, and when,
a subsequent criminal arrest fingerprint card is submitted to the system that matches a set of
fingerprints previously submitted in accordance with a national criminal records check. If the
aforementioned arrest results in a conviction, the department shall immediately notify those
individuals and entities with which that individual is associated and who are required to be notified
of disqualifying information concerning national criminal records checks as provided in chapters
15 17, 17.4, 17.7.1 of title 23 or § 23-1-52 and 42-7.2 of title 42 or §§ 42-7.2-18.2 and 42-7.2-18.4.
The information in the database established under this section is confidential and not subject to
disclosure under chapter 38-2.
The department of attorney general shall maintain an electronic, web-based system to assist
facilities, licensed under chapters 17, 17.4, 17.7.1 of title 23 or § 23-1-52, and the executive office
of health and human services under §§ 42-7.2-18.1 and 42-7.2-18.3, required to check relevant
registries and conduct national criminal records checks of routine contact patient employees.,
personal care attendants and high-risk providers. The department of attorney general shall provide
for an automated notice, as authorized in § 12-1.6-1, to those facilities or to the executive office of
health and human services if a routine-contact patient employee, personal care attendant or high-
risk provider is subsequently convicted of a disqualifying offense, as described in the relevant
licensing statute or in §§ 42-7.2-18.2 and 42-7.2-18.4. The department of attorney general may
charge a facility a one-time, set-up fee of up to one hundred dollars ($100) for access to the
electronic web-based system under this section.
SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8 entitled
"Medical Assistance" are hereby amended to read as follows:
(a) The executive office of health and human services ("executive office") shall implement
a new methodology for payment for in-state and out-of-state hospital services in order to ensure
access to, and the provision of, high-quality and cost-effective hospital care to its eligible recipients.
(b) In order to improve efficiency and cost-effectiveness, the executive office shall:
(1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is
non-managed care, implement a new payment methodology for inpatient services utilizing the
Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method
that provides a means of relating payment to the hospitals to the type of patients cared for by the
hospitals. It is understood that a payment method based on DRG may include cost outlier payments
and other specific exceptions. The executive office will review the DRG-payment method and the
DRG base price annually, making adjustments as appropriate in consideration of such elements as
trends in hospital input costs; patterns in hospital coding; beneficiary access to care; and the Centers
for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital
Input Price index. For the twelve-month (12) period beginning July 1, 2015, the DRG base rate for
Medicaid fee-for-service inpatient hospital services shall not exceed ninety-seven and one-half
percent (97.5%) of the payment rates in effect as of July 1, 2014. Beginning July 1, 2019, the DRG
base rate for Medicaid fee-for-service inpatient hospital services shall be 107.2% of the payment
rates in effect as of July 1, 2018. Increases in the Medicaid fee-for-service DRG hospital payments
for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in
effect as of July 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid
Services national Prospective Payment System (IPPS) Hospital Input Price Index. Beginning July
1, 2022, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall be one
hundred five percent (105%) of the payment rates in effect as of July 1, 2021. Increases in the
Medicaid fee-for-service DRG hospital payments for each annual twelve-month (12) period
beginning July 1, 2023, shall be based on the payment rates in effect as of July 1 of the preceding
fiscal year, and shall be the Centers for Medicare and Medicaid Services national Prospective
Payment System (IPPS) Hospital Input Price Index.
(ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until
December 31, 2011, that the Medicaid managed care payment rates between each hospital and
health plan shall not exceed ninety and one-tenth percent (90.1%) of the rate in effect as of June
30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period
beginning January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services
national CMS Prospective Payment System (IPPS) Hospital Input Price index for the applicable
period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the
Medicaid managed care payment rates between each hospital and health plan shall not exceed the
payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning July
1, 2015, the Medicaid managed care payment inpatient rates between each hospital and health plan
shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of
9 January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve-month (12)
period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national
CMS Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity
Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (D)
Beginning July 1, 2019, the Medicaid managed care payment inpatient rates between each hospital
and health plan shall be 107.2% of the payment rates in effect as of January 1, 2019, and shall be
paid to each hospital retroactively to July 1; (E) Increases in inpatient hospital payments for each
annual twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in
effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and
Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index,
less Productivity Adjustment, for the applicable period and shall be paid to each hospital
retroactively to July 1; the executive office will develop an audit methodology and process to assure
that savings associated with the payment reductions will accrue directly to the Rhode Island
Medicaid program through reduced managed care plan payments and shall not be retained by the
managed care plans; (F) Beginning July 1, 2022, the Medicaid managed care payment inpatient
rates between each hospital and health plan shall be one hundred five percent (105%) of the
payment rates in effect as of January 1, 2022, and shall be paid to each hospital retroactively to July
1 within ninety days of passage; (G) Increases in inpatient hospital payments for each annual
twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as
of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid
Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less
Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively
to July 1 within ninety days of passage; (F)(H) All hospitals licensed in Rhode Island shall accept
such payment rates as payment in full; and (G)(I) For all such hospitals, compliance with the
provisions of this section shall be a condition of participation in the Rhode Island Medicaid
program.
(2) With respect to outpatient services and notwithstanding any provisions of the law to the
contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse
hospitals for outpatient services using a rate methodology determined by the executive office and
in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
payments for similar services. Notwithstanding the above, there shall be no increase in the
Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.
For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient rates
shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, 2014.
Increases in the outpatient hospital payments for the twelve-month (12) period beginning July 1,
2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS) Hospital
Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates shall be
107.2% of the payment rates in effect as of July 1, 2018. Increases in the outpatient hospital
payments for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment
rates in effect as of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient
Prospective Payment System (OPPS) Hospital Input Price Index. Beginning July 1, 2022, the
Medicaid fee-for-service outpatient rates shall be one hundred five percent (105%) of the payment
rates in effect as of July 1. 2021. Increases in the outpatient hospital payments for each annual
twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as
of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient Prospective
Payment System (OPPS) Hospital Input Price Index. With respect to the outpatient rate, (i) It is
required as of January 1, 2011, until December 31, 2011, that the Medicaid managed care payment
rates between each hospital and health plan shall not exceed one hundred percent (100%) of the
rate in effect as of June 30, 2010; (ii) Increases in hospital outpatient payments for each annual
twelve-month (12) period beginning January 1, 2012, until July 1, 2017, may not exceed the Centers
for Medicare and Medicaid Services national CMS Outpatient Prospective Payment System OPPS
hospital price index for the applicable period; (iii) Provided, however, for the twenty-four-month
(24) period beginning July 1, 2013, the Medicaid managed care outpatient payment rates between
each hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013,
and for the twelve-month (12) period beginning July 1, 2015, the Medicaid managed care outpatient
payment rates between each hospital and health plan shall not exceed ninety-seven and one-half
percent (97.5%) of the payment rates in effect as of January 1, 2013; (iv) Increases in outpatient
hospital payments for each annual twelve-month (12) period beginning July 1, 2017, shall be the
Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less
Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively
to July 1; (v) Beginning July 1, 2019, the Medicaid managed care outpatient payment rates between
each hospital and health plan shall be one hundred seven and two-tenths percent (107.2%) of the
payment rates in effect as of January 1, 2019 and shall be paid to each hospital retroactively to July
1; (vi) Increases in outpatient hospital payments for each annual twelve-month (12) period
beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the preceding
fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS OPPS
Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be
paid to each hospital retroactively to July 1; (vii) Beginning July 1. 2022. the Medicaid managed
care outpatient payment rates between each hospital and health plan shall be one hundred five
percent (105%) of the payment rates in effect as of January 1, 2022 and shall be paid to each hospital
retroactively to July 1 within ninety days of passage; (viii) Increases in outpatient hospital payments
for each annual twelve-month (12) period beginning July 1, 2020. shall be based on the payment
rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare
and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity
Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1.
(3) "Hospital," as used in this section, shall mean the actual facilities and buildings in
existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter
any premises included on that license, regardless of changes in licensure status pursuant to chapter
17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides
short-term, acute inpatient and/or outpatient care to persons who require definitive diagnosis and
treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language,
the Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital
through receivership, special mastership or other similar state insolvency proceedings (which court-
approved purchaser is issued a hospital license after January 1, 2013), shall be based upon the new
rates between the court-approved purchaser and the health plan, and such rates shall be effective as
of the date that the court-approved purchaser and the health plan execute the initial agreement
containing the new rates. The rate-setting methodology for inpatient-hospital payments and
outpatient-hospital payments set forth in subsections (b)(1)(ii)(C) and (b)(2), respectively, shall
thereafter apply to increases for each annual twelve-month (12) period as of July 1 following the
completion of the first full year of the court-approved purchaser's initial Medicaid managed care
contract.
(c) It is intended that payment utilizing the DRG method shall reward hospitals for
providing the most efficient care, and provide the executive office the opportunity to conduct value-
based purchasing of inpatient care.
(d) The secretary of the executive office is hereby authorized to promulgate such rules and
regulations consistent with this chapter, and to establish fiscal procedures he or she deems
necessary, for the proper implementation and administration of this chapter in order to provide
payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the Rhode
Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, 42 U.S.C.
§ 1396 et seq., is hereby authorized to provide for payment to hospitals for services provided to
eligible recipients in accordance with this chapter.
(e) The executive office shall comply with all public notice requirements necessary to
implement these rate changes.
(f) As a condition of participation in the DRG methodology for payment of hospital
services, every hospital shall submit year-end settlement reports to the executive office within one
year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
a year-end settlement report as required by this section, the executive office shall withhold
financial-cycle payments due by any state agency with respect to this hospital by not more than ten
percent (10%) until the report is submitted. For hospital fiscal year 2010 and all subsequent fiscal
years, hospitals will not be required to submit year-end settlement reports on payments for
outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not
be required to submit year-end settlement reports on claims for hospital inpatient services. Further,
for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include only those
claims received between October 1, 2009, and June 30, 2010.
(g) The provisions of this section shall be effective upon implementation of the new
payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no later
23 than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27-
19-16 shall be repealed in their entirety.
(a) Rate reform.
(1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of
title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to
Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be
incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. §
1396a(a)(13). The executive office of health and human services ("executive office") shall
promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,
2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq.,
of the Social Security Act.
(2) The executive office shall review the current methodology for providing Medicaid
payments to nursing facilities, including other long-term-care services providers, and is authorized
to modify the principles of reimbursement to replace the current cost-based methodology rates with
rates based on a price-based methodology to be paid to all facilities with recognition of the acuity
of patients and the relative Medicaid occupancy, and to include the following elements to be
developed by the executive office:
(i) A direct-care rate adjusted for resident acuity;
(ii) An indirect-care rate comprised of a base per diem for all facilities;
(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that
10 may or may not result in automatic per diem revisions Revise rates as necessary based on increases
in direct and indirect costs beginning October 2024 utilizing date from the most recent finalized
year of facility cost report. The per diem rate components deferred in subsections (a)(2)(i) and
(a)(2)(ii) of this section shall be adjusted accordingly to reflect changes in direct and indirect care
costs since the previous rate review;
(iv) Application of a fair-rental value system;
(v) Application of a pass-through system; and
(vi) Adjustment of rates by the change in a recognized national nursing home inflation
index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not
occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015.
The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, and October 1,
2019., and October 2022. Effective July 1, 2018, rates paid to nursing facilities from the rates
approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2017,
both fee-for-service and managed care, will be increased by one and one-half percent (1.5%) and
further increased by one percent (1%) on October 1, 2018, and further increased by one percent
(1%) on October 1, 2019. Effective October 1, 2022, rates paid to nursing facilities from the rates
approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2021,
both fee-for-service and managed care, will be increased by three percent (3%). In addition to the
annual nursing home inflation index adjustment, there shall be a base rate staffing adjustment of
one-half percent (0.5%) on October 1, 2021, one percent (1.0%) on October 1, 2022, and one and
one-half percent (1.5%) on October 1, 2023. The inflation index shall be applied without regard for
the transition factors in subsections (b)(1) and (b)(2). For purposes of October 1, 2016, adjustment
only, any rate increase that results from application of the inflation index to subsections (a)(2)(i)
and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following
manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages,
benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this
section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),
certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff,
dietary staff, or other similar employees providing direct-care services; provided, however, that this
definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt
employees" under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs,
certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-
party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary,
or designee, a certification that they have complied with the provisions of this subsection (a)(2)(vi)
with respect to the inflation index applied on October 1, 2016. Any facility that does not comply
with terms of such certification shall be subjected to a clawback, paid by the nursing facility to the
state, in the amount of increased reimbursement subject to this provision that was not expended in
compliance with that certification.
(3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that results
from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section shall be
dedicated to increase compensation for all eligible direct-care workers in the following manner on
17 October 1, of each year.
(i) For purposes of this subsection, compensation increases shall include base salary or
hourly wage increases, benefits, other compensation, and associated payroll tax increases for
eligible direct-care workers. This application of the inflation index shall apply for Medicaid
reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of this
subsection, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),
certified nursing assistants (CNAs), certified medication technicians, licensed physical therapists,
licensed occupational therapists, licensed speech-language pathologists, mental health workers
who are also certified nurse assistants, physical therapist assistants, housekeeping staff, laundry
staff, dietary staff or other similar employees providing direct-care services; provided, however
that this definition of direct-care staff shall not include:
(A) RNs and LPNs who are classified as "exempt employees" under the federal Fair Labor
Standards Act (29 U.S.C. § 201 et seq.); or
(B) CNAs, certified medication technicians, RNs or LPNs who are contracted or
subcontracted through a third-party vendor or staffing agency.
(4) (i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit
to the secretary or designee a certification that they have complied with the provisions of subsection
(a)(3) of this section with respect to the inflation index applied on October 1. The executive office
of health and human services (EOHHS) shall create the certification form nursing facilities must
complete with information on how each individual eligible employee's compensation increased,
including information regarding hourly wages prior to the increase and after the compensation
increase, hours paid after the compensation increase, and associated increased payroll taxes. A
collective bargaining agreement can be used in lieu of the certification form for represented
employees. All data reported on the compliance form is subject to review and audit by EOHHS.
The audits may include field or desk audits, and facilities may be required to provide additional
supporting documents including, but not limited to, payroll records.
(ii) Any facility that does not comply with the terms of certification shall be subjected to a
clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, paid
by the nursing facility to the state, in the amount of increased reimbursement subject to this
provision that was not expended in compliance with that certification.
(iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of
the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this
section shall be dedicated to increase compensation for all eligible direct-care workers in the
manner referenced in subsections (a)(3)(i), (a)(3)(i)(A), and (a)(3)(i)(B) of this section.
(b) Transition to full implementation of rate reform. For no less than four (4) years after
the initial application of the price-based methodology described in subsection (a)(2) to payment
rates, the executive office of health and human services shall implement a transition plan to
moderate the impact of the rate reform on individual nursing facilities. The transition shall include
the following components:
(1) No nursing facility shall receive reimbursement for direct-care costs that is less than
the rate of reimbursement for direct-care costs received under the methodology in effect at the time
of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care
costs under this provision will be phased out in twenty-five-percent (25%) increments each year
until October 1, 2021, when the reimbursement will no longer be in effect; and
(2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the
first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty-
five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall
be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and
(3) The transition plan and/or period may be modified upon full implementation of facility
per diem rate increases for quality of care-related measures. Said modifications shall be submitted
in a report to the general assembly at least six (6) months prior to implementation.
(4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning
1 July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall
not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the
other provisions of this chapter, nothing in this provision shall require the executive office to restore
the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period.
SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled
"Uncompensated Care" are hereby amended to read as follows:
As used in this chapter:
(1) "Base year" means, for the purpose of calculating a disproportionate share payment for
any fiscal year ending after September 30, 2020 2021, the period from October 1, 2018 2019,
through September 30, 2019 2020, and for any fiscal year ending after September 30, 2021 2022,
the period from October 1, 2019, through September 30, 2020.
(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
percentage), the numerator of which is the hospital's number of inpatient days during the base year
attributable to patients who were eligible for medical assistance during the base year and the
denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year
and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to
§ 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless
of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-
17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient
care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or
pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care
payment rates for a court-approved purchaser that acquires a hospital through receivership, special
mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued
a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between
the court-approved purchaser and the health plan, and the rates shall be effective as of the date that
the court-approved purchaser and the health plan execute the initial agreement containing the newly
negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient
hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall
thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1
following the completion of the first full year of the court-approved purchaser's initial Medicaid
managed care contract;
(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)
during the base year; and
(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during
the payment year.
(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred
by the hospital during the base year for inpatient or outpatient services attributable to charity care
(free care and bad debts) for which the patient has no health insurance or other third-party coverage
less payments, if any, received directly from such patients; and (ii) The cost incurred by the hospital
during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less
any Medicaid reimbursement received therefor; multiplied by the uncompensated-care index.
(5) "Uncompensated-care index" means the annual percentage increase for hospitals
established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including
the payment year; provided, however, that the uncompensated-care index for the payment year
ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),
and that the uncompensated-care index for the payment year ending September 30, 2008, shall be
deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care
index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight
hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending
19 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September
20 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,
21 September 30, 2019, September 30, 2020, September 30, 2021, and September 30, 2022, and
22 September 30, 2023 shall be deemed to be five and thirty hundredths percent (5.30%).
(a) For federal fiscal year 2020, commencing on October 1, 2019, and ending September
30, 2020, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$142.4 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before July 13, 2020, and are expressly conditioned upon approval
on or before July 6, 2020, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2020 for
the disproportionate share payments.
(b) (a) For federal fiscal year 2021, commencing on October 1, 2020, and ending
7 September 30, 2021, the executive office of health and human services shall submit to the Secretary
of the United States Department of Health and Human Services a state plan amendment to the
Rhode Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$142.5 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval
on or before July 5, 2021, by the Secretary of the United States department of health and human
services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for
the disproportionate share payments.
(c)(b) For federal fiscal year 2022, commencing on October 1, 2021, and ending September
30, 2022, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$143.8 $145.1 million, shall be allocated by the executive office of health and human services to
the Pool D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before July 12, 2022 June 30, 2022, and are expressly conditioned
upon approval on or before July 5, 2022, by the Secretary of the United States Department of Health
and Human Services, or his or her authorized representative, of all Medicaid state plan amendments
necessary to secure for the state the benefit of federal financial participation in federal fiscal year
2022 for the disproportionate share payments.
(c) For federal fiscal year 2023, commencing on October 1, 2022, and ending September
30, 2023, the executive office of health and human services shall submit to the Secretary of the
United States Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid DSH Plan to provide:
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
$145.1 million, shall be allocated by the executive office of health and human services to the Pool
D component of the DSH Plan; and
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated-care costs for the base year,
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year
inflated by the uncompensated-care index for all participating hospitals. The disproportionate share
payments shall be made on or before June 30, 2023, and are expressly conditioned upon approval
on or before July 5, 2023, by the Secretary of the United States Department of Health and Human
Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for
the disproportionate share payments.
(d) No provision is made pursuant to this chapter for disproportionate-share hospital
payments to participating hospitals for uncompensated-care costs related to graduate medical
education programs.
(e) The executive office of health and human services is directed, on at least a monthly
basis, to collect patient-level uninsured information, including, but not limited to, demographics,
services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.
26 (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]
SECTION 4. Chapter 40.1-8.5 of the General Laws entitled "Community Mental Health
Services" is hereby amended by adding thereto the following section:
(a) The executive office of health and human services is authorized and directed to submit
to the Secretary of the United States Department of Health and Human Services a state plan
amendment for the purposes of establishing Certified Community Behavioral Health Clinics in
accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.
(b) The executive office of health and human services shall amend its Title XIX state plan
pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the
Social Security Act as necessary to cover all required services for persons with mental health and
substance use disorders at a certified community behavioral health clinic through a daily or monthly
bundled payment methodology that is specific to each organization’s anticipated costs and inclusive
of all required services within Section 223 of the federal Protecting Access to Medicare Act of
2014. Such certified community behavioral health clinics shall adhere to the federal model,
including payment structures and rates.
(c) A certified community behavioral health clinic means any licensed community mental
health center as defined by title 40.1 or a licensed behavioral health organization that meets the
federal certification criteria of Section 223 of the Protecting Access to Medicare Act of 2014 and
additional criteria as defined by the department of behavioral healthcare, developmental disabilities
and hospitals including, but not limited to, these services:
(1) Outpatient mental health and substance use services;
(2) Twenty-four (24) hour mobile crisis response and hotline services;
(3) Screening, assessment, and diagnosis, including risk assessments;
(4) Person-centered treatment planning;
(5) Primary care screening and monitoring of key indicators of health risks;
(6) Targeted case management;
(7) Psychiatric rehabilitation services;
(8) Peer support and family supports;
(9) Medication-assisted treatment;
(10) Assertive community treatment; and
(11) Community-based mental health care for military service members and veterans.
(d) Subject to the approval from the United States Department of Health and Human
Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health
clinic model pursuant to this chapter, shall be established by July 1, 2023, and include any enhanced
Medicaid match for required services or populations served.
(e) By August 1, 2022, the executive office of health and human services will issue a
Request for Information for organizations who want to participate in the Certified Community
Behavioral Health Clinic model program.
(f) By October 1, 2022, the organizations will submit a detailed cost report developed by
the department of behavioral healthcare, developmental disabilities and hospitals with approval
from the executive office of health and human services, that includes the cost for the organization
to provide the required services.
(g) By December 1, 2022, the department of behavioral healthcare, developmental
disabilities and hospitals, in coordination with the executive office of health and human services,
will prepare an analysis of proposals, determine how many behavioral health clinics can be certified
in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be
included in the FY 2024 budget recommended by the Governor.
(h) The executive office of health and human services shall apply for the federal Certified
Community Behavioral Health Clinics Demonstration Program if another round of funding
becomes available.
SECTION 5. Section 42-7.2-18 of Chapter 42-7.2 the General Laws entitled "Office of
Health and Human Services" is hereby amended by adding thereto the following sections:
(a) As a condition of enrollment and/or continued participation as a Medicaid provider,
applicants to become and/or remain a provider shall be required to undergo criminal records checks
including a national criminal records check supported by fingerprints by the level of screening
based on risk of fraud, waste or abuse as determined by the executive office of health and human
services for that category of Medicaid provider.
(b) Establishment of Risk Categories – The executive office of health and human services
in consultation with the department of attorney general, shall establish through regulation, risk
categories for Medicaid providers and provider categories who pose an increased financial risk of
fraud, waste or abuse to the Medicaid/CHIP program, in accordance with § 42 CFR §§ 455.434 and
22 455.450.
23 (c) High risk categories, as determined by the executive office health and human services
24 may include:
(1) Newly enrolled home health agencies that have not been medicare certified;
(2) Newly enrolled durable medical equipment providers;
(3) New or revalidating providers that have been categorized by the executive office of
health and human services as high risk;
(4) New or revalidating providers with payment suspension histories;
(5) New or revalidating providers with office of inspector general exclusion histories;
(6) New or revalidating providers with qualified overpayment histories; and,
(7) New or revalidating providers applying for enrollment post debarment or moratorium
(Federal or State-based)
(d) Upon the state Medicaid agency determination that a provider or an applicant to become
a provider, or a person with a five percent (5%) or more direct or indirect ownership interest in the
provider, meets the executive office of health and human services’ criteria for criminal records
checks as a "high" risk to the Medicaid program, the executive office of health and human services
shall require that each such provider or applicant to become a provider undergo a national criminal
records check supported by fingerprints.
(e) The executive office of health and human services shall require such a "high risk"
Medicaid provider or applicant to become a provider, or any person with a five percent (5%) or
more direct or indirect ownership interest in the provider, to submit to a national criminal records
check supported by fingerprints within thirty (30) days upon request from the Centers for Medicare
and Medicaid Services or the executive office of health and human services.
(f) The Medicaid providers requiring the national criminal records check shall apply to the
department of attorney general, bureau of criminal identification (BCI) to be fingerprinted. The
fingerprints will subsequently be transmitted to the federal bureau of investigation for a national
criminal records check. The results of the national criminal records check shall be made available
to the applicant undergoing a record check and submitting fingerprints.
(g) Upon the discovery of any disqualifying information, as defined in § 42-7.2-18.2 and
as in accordance with the regulations promulgated by the executive office of health and human
services, the bureau of criminal identification of the department of the attorney general will inform
the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the
nature of the disqualifying information, will notify the executive office of health and human
services, in writing, that disqualifying information has been discovered.
(h) In those situations, in which no disqualifying information has been found, the bureau
of criminal identification of the department of the attorney general shall inform the applicant and
the executive office of health and human services, in writing, of this fact.
(i) The applicant shall be responsible for the cost of conducting the national criminal
records check through the bureau of criminal identification of the department of attorney general.
(a) Information produced by a national criminal records check pertaining to conviction, for
the following crimes will result in a letter to the executive office of health and human services ,
disqualifying the applicant from being a medicaid provider: murder, voluntary manslaughter,
involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree
sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit
specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against
nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first degree
arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony
obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of
adults with severe impairments, exploitation of elders, or a crime under section 1128 (a) of the
Social Security Act (42 U.S.C. 1320a-7(a)). An applicant against whom disqualifying information
has been found, for purposes of appeal, may provide a copy of the national criminal records check
to the executive office of health and human services, who shall make a judgment regarding the
approval of or the continued status of that person as a provider.
(b) For purposes of this section, "conviction" means, in addition to judgments of conviction
entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the
defendant has entered a plea of nolo contendere and has received a sentence of probation and those
instances where a defendant has entered into a deferred sentence agreement with the attorney
general.
42-7.2-18.3. Professional responsibility -- Criminal records check for personal care
(a) Any person seeking employment to provide care to elderly or individuals with
disabilities who is, or may be required to be, licensed, registered, trained or certified with the office
of medicaid if that employment involves routine contact with elderly or individuals with disabilities
without the presence of other employees, shall undergo a national criminal records check supported
by fingerprints. The applicant will report to the office of attorney general, bureau of criminal
identification to submit their fingerprints. The fingerprints will subsequently be submitted to the
federal bureau of investigation (FBI) by the bureau of criminal identification of the office of
attorney general. The national criminal records check shall be initiated prior to, or within one week
of, employment.
(b) The director of the office of medicaid may, by rule, identify those positions requiring
criminal records checks. The identified employee, through the executive office of health and human
services, shall apply to the bureau of criminal identification of the department of attorney general
for a national criminal records check. Upon the discovery of any disqualifying information, as
defined in § 42-7.2-18.4 and in accordance with the rule promulgated by the secretary of the
executive office of health and human services, the bureau of criminal identification of the
department of the attorney general will inform the applicant, in writing, of the nature of the
disqualifying information; and, without disclosing the nature of the disqualifying information, will
notify the executive office of health and human services executive office of health and human
services in writing, that disqualifying information has been discovered.
(c) An applicant against whom disqualifying information has been found, for purposes of
appeal, may provide a copy of the national criminal history check to the executive office of health
and human services, who shall make a judgment regarding the approval of the applicant.
(d) In those situations, in which no disqualifying information has been found, the bureau
of criminal identification of the department of the attorney general shall inform the applicant and
the executive office health and human services, in writing, of this fact.
(e) The executive office of health and human services shall maintain on file evidence that
criminal records checks have been initiated on all applicants subsequent to July 1, 2022.
(f) The applicant shall be responsible for the cost of conducting the national criminal
records check through the bureau of criminal identification of the department of the attorney
general.
42-7.2-18.4. Professional responsibility -- Criminal records check disqualifying
(a) Information produced by a national criminal records check pertaining to conviction, for
the following crimes will result in a letter to the applicant and the executive office of health and
human services, disqualifying the applicant: murder, voluntary manslaughter, involuntary
manslaughter, first degree sexual assault, second degree sexual assault, third degree sexual assault,
assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies
(murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony
assault, patient abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery,
felony drug offenses, felony larceny, or felony banking law violations, felony obtaining money
under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe
impairments, exploitation of elders, or a crime under section 1128(a) of the Social Security Act (42
24 U.S.C. 1320a-7(a)).
(b) For purposes of this section, "conviction" means, in addition to judgments of conviction
entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the
defendant has entered a plea of nolo contendere and has received a sentence of probation and those
instances where a defendant has entered into a deferred sentence agreement with the attorney
general.
SECTION 6. Sections 42-12.3-3, 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter
42-12.3 "Health Care for Children and Pregnant Women" are hereby amended to read as follows:
42-12.3-3. Medical assistance expansion for pregnant women/RIte Start.
(a) The director of the department of human services secretary of the executive office of
health and human services is authorized to amend its Title XIX state plan pursuant to Title XIX of
the Social Security Act to provide Medicaid coverage and to amend its Title XXI state plan pursuant
to Title XXI of the Social Security Act to provide medical assistance coverage through expanded
family income disregards for pregnant women whose family income levels are between one
hundred eighty-five percent (185%) and two hundred fifty percent (250%) of the federal poverty
level. The department is further authorized to promulgate any regulations necessary and in accord
with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social
Security Act necessary in order to implement said state plan amendment. The services provided
shall be in accord with Title XIX [ 42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa
et seq.] of the Social Security Act.
(b) The director of the department of human services secretary of health and human
services is authorized and directed to establish a payor of last resort program to cover prenatal,
delivery and postpartum care. The program shall cover the cost of maternity care for any woman
who lacks health insurance coverage for maternity care and who is not eligible for medical
assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.]
of the Social Security Act including, but not limited to, a noncitizen pregnant woman lawfully
admitted for permanent residence on or after August 22, 1996, without regard to the availability of
federal financial participation, provided such pregnant woman satisfies all other eligibility
requirements. The director secretary shall promulgate regulations to implement this program. Such
regulations shall include specific eligibility criteria; the scope of services to be covered; procedures
for administration and service delivery; referrals for non-covered services; outreach; and public
education. Excluded services under this subsection will include, but not be limited to, induced
abortion except in cases of rape or incest or to save the life of the pregnant individual.
(c) The department of human services secretary of health and human services may enter
into cooperative agreements with the department of health and/or other state agencies to provide
services to individuals eligible for services under subsections (a) and (b) above.
(d) The following services shall be provided through the program:
(1) Ante-partum and postpartum care;
(2) Delivery;
(3) Cesarean section;
(4) Newborn hospital care;
(5) Inpatient transportation from one hospital to another when authorized by a medical
provider; and
(6) Prescription medications and laboratory tests.
(e) The department of human services secretary of health and human services shall provide
enhanced services, as appropriate, to pregnant women as defined in subsections (a) and (b), as well
as to other pregnant women eligible for medical assistance. These services shall include: care
coordination, nutrition and social service counseling, high risk obstetrical care, childbirth and
parenting preparation programs, smoking cessation programs, outpatient counseling for drug-
alcohol use, interpreter services, mental health services, and home visitation. The provision of
enhanced services is subject to available appropriations. In the event that appropriations are not
adequate for the provision of these services, the department executive office has the authority to
limit the amount, scope and duration of these enhanced services.
(f) The department of human services executive office of health and human services shall
provide for extended family planning services for up to twenty-four (24) months postpartum. These
services shall be available to women who have been determined eligible for RIte Start or for
medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa
et seq.] of the Social Security Act.
(g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or
for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant
(including during a period of retroactive eligibility), are eligible for full Medicaid benefits through
the last day of the month in which their twelve (12) month postpartum period ends. This benefit
will be provided to eligible Rhode Island residents without regard to the availability of federal
financial participation. The executive office of health and human services is directed to ensure that
federal financial participation is used to the maximum extent allowable to provide coverage
pursuant to this section, and that state-only funds will be used only if federal financial participation
is not available.
(a) There is hereby established a payor of last resort program for comprehensive health
care for children until they reach nineteen (19) years of age, to be known as "RIte track." The
department of human services executive office of health and human services is hereby authorized
to amend its Title XIX state plan pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [
42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary to provide for expanded
Medicaid coverage through expanded family income disregards for children, until they reach
nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%)
of the federal poverty level. Provided, however, that healthcare coverage provided under this
section shall also be provided without regard to the availability of federal financial participation in
accordance to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., to a noncitizen child
who is a resident of Rhode Island lawfully residing in the United States, and who is otherwise
eligible for such assistance. The department is further authorized to promulgate any regulations
necessary, and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. §
1397aa et seq.] of the Social Security Act as necessary in order to implement the state plan
amendment. For those children who lack health insurance, and whose family incomes are in excess
of two hundred fifty percent (250%) of the federal poverty level, the department of human services
shall promulgate necessary regulations to implement the program. The department of human
services is further directed to ascertain and promulgate the scope of services that will be available
to those children whose family income exceeds the maximum family income specified in the
approved Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] state
plan amendment.
(b) The executive office of health and human services is directed to ensure that federal
financial participation is used to the maximum extent allowable to provide coverage pursuant to
this section, and that state-only funds will be used only if federal financial participation is not
available.
(a) The Department of Human Services executive office of health and human services is
hereby authorized and directed to submit to the United States Department of Health and Human
Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for
expanded Medicaid coverage for children until they reach eight (8) years of age, whose family
income levels are to two hundred fifty percent (250%) of the federal poverty level. Expansion of
the RIte track program from the age of six (6) until they reach eighteen (18) years of age in
accordance with this chapter shall be subject to the approval of the amended waiver by the United
States Department of Health and Human Services. Healthcare coverage under this section shall also
be provided to a noncitizen child lawfully residing in the United States who is a resident of Rhode
Island, and who is otherwise eligible for such assistance under Title XIX [42 U.S.C. § 1396 et seq.]
or Title XXI [ 42 U.S.C. § 1397aa et seq.]
(b) The executive office of health and human services is directed to ensure that federal
financial participation is used to the maximum extent allowable to provide coverage pursuant to
this section, and that state-only funds will be used only if federal financial participation is not
available.
SECTION 7. Section 42-14.5-3 of the General Laws in Chapter 42-14.5 entitled "The
Rhode Island Health Care Reform Act of 2004 - Health Insurance Oversight" is hereby amended
to read as follows:
The health insurance commissioner shall have the following powers and duties:
(a) To conduct quarterly public meetings throughout the state, separate and distinct from
rate hearings pursuant to § 42-62-13, regarding the rates, services, and operations of insurers
licensed to provide health insurance in the state; the effects of such rates, services, and operations
on consumers, medical care providers, patients, and the market environment in which the insurers
operate; and efforts to bring new health insurers into the Rhode Island market. Notice of not less
than ten (10) days of the hearing(s) shall go to the general assembly, the governor, the Rhode Island
Medical Society, the Hospital Association of Rhode Island, the director of health, the attorney
general, and the chambers of commerce. Public notice shall be posted on the department's website
and given in the newspaper of general circulation, and to any entity in writing requesting notice.
(b) To make recommendations to the governor and the house of representatives and senate
finance committees regarding healthcare insurance and the regulations, rates, services,
administrative expenses, reserve requirements, and operations of insurers providing health
insurance in the state, and to prepare or comment on, upon the request of the governor or
chairpersons of the house or senate finance committees, draft legislation to improve the regulation
of health insurance. In making the recommendations, the commissioner shall recognize that it is
the intent of the legislature that the maximum disclosure be provided regarding the reasonableness
of individual administrative expenditures as well as total administrative costs. The commissioner
shall make recommendations on the levels of reserves, including consideration of: targeted reserve
levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess
reserves.
(c) To establish a consumer/business/labor/medical advisory council to obtain information
and present concerns of consumers, business, and medical providers affected by health insurance
decisions. The council shall develop proposals to allow the market for small business health
insurance to be affordable and fairer. The council shall be involved in the planning and conduct of
the quarterly public meetings in accordance with subsection (a). The advisory council shall develop
measures to inform small businesses of an insurance complaint process to ensure that small
businesses that experience rate increases in a given year may request and receive a formal review
by the department. The advisory council shall assess views of the health provider community
relative to insurance rates of reimbursement, billing, and reimbursement procedures, and the
insurers' role in promoting efficient and high-quality health care. The advisory council shall issue
an annual report of findings and recommendations to the governor and the general assembly and
present its findings at hearings before the house and senate finance committees. The advisory
council is to be diverse in interests and shall include representatives of community consumer
organizations; small businesses, other than those involved in the sale of insurance products; and
hospital, medical, and other health provider organizations. Such representatives shall be nominated
by their respective organizations. The advisory council shall be co-chaired by the health insurance
commissioner and a community consumer organization or small business member to be elected by
the full advisory council.
(d) To establish and provide guidance and assistance to a subcommittee ("the professional-
provider-health-plan work group") of the advisory council created pursuant to subsection (c),
composed of healthcare providers and Rhode Island licensed health plans. This subcommittee shall
include in its annual report and presentation before the house and senate finance committees the
following information:
(1) A method whereby health plans shall disclose to contracted providers the fee schedules
used to provide payment to those providers for services rendered to covered patients;
(2) A standardized provider application and credentials verification process, for the
purpose of verifying professional qualifications of participating healthcare providers;
(3) The uniform health plan claim form utilized by participating providers;
(4) Methods for health maintenance organizations, as defined by § 27-41-2, and nonprofit
hospital or medical-service corporations, as defined by chapters 19 and 20 of title 27, to make
facility-specific data and other medical service-specific data available in reasonably consistent
formats to patients regarding quality and costs. This information would help consumers make
informed choices regarding the facilities and clinicians or physician practices at which to seek care.
Among the items considered would be the unique health services and other public goods provided
by facilities and clinicians or physician practices in establishing the most appropriate cost
comparisons;
(5) All activities related to contractual disclosure to participating providers of the
mechanisms for resolving health plan/provider disputes;
(6) The uniform process being utilized for confirming, in real time, patient insurance
enrollment status, benefits coverage, including co-pays and deductibles;
(7) Information related to temporary credentialing of providers seeking to participate in the
plan's network and the impact of the activity on health plan accreditation;
(8) The feasibility of regular contract renegotiations between plans and the providers in
their networks; and
(9) Efforts conducted related to reviewing impact of silent PPOs on physician practices.
(e) To enforce the provisions of Title 27 and Title 42 as set forth in § 42-14-5(d).
(f) To provide analysis of the Rhode Island affordable health plan reinsurance fund. The
fund shall be used to effectuate the provisions of §§ 27-18.5-9 and 27-50-17.
(g) To analyze the impact of changing the rating guidelines and/or merging the individual
health insurance market, as defined in chapter 18.5 of title 27, and the small-employer health
insurance market, as defined in chapter 50 of title 27, in accordance with the following:
(1) The analysis shall forecast the likely rate increases required to effect the changes
recommended pursuant to the preceding subsection (g) in the direct-pay market and small-employer
health insurance market over the next five (5) years, based on the current rating structure and
current products.
(2) The analysis shall include examining the impact of merging the individual and small-
employer markets on premiums charged to individuals and small-employer groups.
(3) The analysis shall include examining the impact on rates in each of the individual and
small-employer health insurance markets and the number of insureds in the context of possible
changes to the rating guidelines used for small-employer groups, including: community rating
principles; expanding small-employer rate bonds beyond the current range; increasing the employer
group size in the small-group market; and/or adding rating factors for broker and/or tobacco use.
(4) The analysis shall include examining the adequacy of current statutory and regulatory
oversight of the rating process and factors employed by the participants in the proposed, new
merged market.
(5) The analysis shall include assessment of possible reinsurance mechanisms and/or
federal high-risk pool structures and funding to support the health insurance market in Rhode Island
by reducing the risk of adverse selection and the incremental insurance premiums charged for this
risk, and/or by making health insurance affordable for a selected at-risk population.
(6) The health insurance commissioner shall work with an insurance market merger task
force to assist with the analysis. The task force shall be chaired by the health insurance
commissioner and shall include, but not be limited to, representatives of the general assembly, the
business community, small-employer carriers as defined in § 27-50-3, carriers offering coverage in
the individual market in Rhode Island, health insurance brokers, and members of the general public.
(7) For the purposes of conducting this analysis, the commissioner may contract with an
outside organization with expertise in fiscal analysis of the private insurance market. In conducting
its study, the organization shall, to the extent possible, obtain and use actual health plan data. Said
data shall be subject to state and federal laws and regulations governing confidentiality of health
care and proprietary information.
(8) The task force shall meet as necessary and include its findings in the annual report, and
the commissioner shall include the information in the annual presentation before the house and
senate finance committees.
(h) To establish and convene a workgroup representing healthcare providers and health
insurers for the purpose of coordinating the development of processes, guidelines, and standards to
streamline healthcare administration that are to be adopted by payors and providers of healthcare
services operating in the state. This workgroup shall include representatives with expertise who
would contribute to the streamlining of healthcare administration and who are selected from
hospitals, physician practices, community behavioral health organizations, each health insurer, and
other affected entities. The workgroup shall also include at least one designee each from the Rhode
Island Medical Society, Rhode Island Council of Community Mental Health Organizations, the
Rhode Island Health Center Association, and the Hospital Association of Rhode Island. The
workgroup shall consider and make recommendations for:
(1) Establishing a consistent standard for electronic eligibility and coverage verification.
Such standard shall:
(i) Include standards for eligibility inquiry and response and, wherever possible, be
consistent with the standards adopted by nationally recognized organizations, such as the Centers
for Medicare and Medicaid Services;
(ii) Enable providers and payors to exchange eligibility requests and responses on a system-
to-system basis or using a payor-supported web browser;
(iii) Provide reasonably detailed information on a consumer's eligibility for healthcare
coverage; scope of benefits; limitations and exclusions provided under that coverage; cost-sharing
requirements for specific services at the specific time of the inquiry; current deductible amounts;
accumulated or limited benefits; out-of-pocket maximums; any maximum policy amounts; and
other information required for the provider to collect the patient's portion of the bill;
(iv) Reflect the necessary limitations imposed on payors by the originator of the eligibility
and benefits information;
(v) Recommend a standard or common process to protect all providers from the costs of
services to patients who are ineligible for insurance coverage in circumstances where a payor
provides eligibility verification based on best information available to the payor at the date of the
request of eligibility.
(2) Developing implementation guidelines and promoting adoption of the guidelines for:
(i) The use of the National Correct Coding Initiative code-edit policy by payors and
providers in the state;
(ii) Publishing any variations from codes and mutually exclusive codes by payors in a
manner that makes for simple retrieval and implementation by providers;
(iii) Use of Health Insurance Portability and Accountability Act standard group codes,
reason codes, and remark codes by payors in electronic remittances sent to providers;
(iv) The processing of corrections to claims by providers and payors.
(v) A standard payor-denial review process for providers when they request a
reconsideration of a denial of a claim that results from differences in clinical edits where no single,
common-standards body or process exists and multiple conflicting sources are in use by payors and
providers.
(vi) Nothing in this section, nor in the guidelines developed, shall inhibit an individual
payor's ability to employ, and not disclose to providers, temporary code edits for the purpose of
detecting and deterring fraudulent billing activities. The guidelines shall require that each payor
disclose to the provider its adjudication decision on a claim that was denied or adjusted based on
the application of such edits and that the provider have access to the payor's review and appeal
process to challenge the payor's adjudication decision.
(vii) Nothing in this subsection shall be construed to modify the rights or obligations of
payors or providers with respect to procedures relating to the investigation, reporting, appeal, or
prosecution under applicable law of potentially fraudulent billing activities.
(3) Developing and promoting widespread adoption by payors and providers of guidelines
to:
(i) Ensure payors do not automatically deny claims for services when extenuating
circumstances make it impossible for the provider to obtain a preauthorization before services are
performed or notify a payor within an appropriate standardized timeline of a patient's admission;
(ii) Require payors to use common and consistent processes and time frames when
responding to provider requests for medical management approvals. Whenever possible, such time
frames shall be consistent with those established by leading national organizations and be based
upon the acuity of the patient's need for care or treatment. For the purposes of this section, medical
management includes prior authorization of services, preauthorization of services, precertification
of services, post-service review, medical-necessity review, and benefits advisory;
(iii) Develop, maintain, and promote widespread adoption of a single, common website
where providers can obtain payors' preauthorization, benefits advisory, and preadmission
requirements;
(iv) Establish guidelines for payors to develop and maintain a website that providers can
use to request a preauthorization, including a prospective clinical necessity review; receive an
authorization number; and transmit an admission notification.
(4) To provide a report to the house and senate, on or before January 1, 2017, with
recommendations for establishing guidelines and regulations for systems that give patients
electronic access to their claims information, particularly to information regarding their obligations
to pay for received medical services, pursuant to 45 C.F.R. 164.524.
(i) To issue an anti-cancer medication report. Not later than June 30, 2014, and annually
thereafter, the office of the health insurance commissioner (OHIC) shall provide the senate
committee on health and human services, and the house committee on corporations, with: (1)
Information on the availability in the commercial market of coverage for anti-cancer medication
options; (2) For the state employee's health benefit plan, the costs of various cancer-treatment
options; (3) The changes in drug prices over the prior thirty-six (36) months; and (4) Member
utilization and cost-sharing expense.
(j) To monitor the adequacy of each health plan's compliance with the provisions of the
federal Mental Health Parity Act, including a review of related claims processing and
reimbursement procedures. Findings, recommendations, and assessments shall be made available
to the public.
(k) To monitor the transition from fee-for-service and toward global and other alternative
payment methodologies for the payment for healthcare services. Alternative payment
methodologies should be assessed for their likelihood to promote access to affordable health
insurance, health outcomes, and performance.
(l) To report annually, no later than July 1, 2014, then biannually thereafter, on hospital
payment variation, including findings and recommendations, subject to available resources.
(m) Notwithstanding any provision of the general or public laws or regulation to the
contrary, provide a report with findings and recommendations to the president of the senate and the
speaker of the house, on or before April 1, 2014, including, but not limited to, the following
information:
(1) The impact of the current, mandated healthcare benefits as defined in §§ 27-18-48.1,
26 27-18-60, 27-18-62, 27-18-64, similar provisions in chapters 19, 20 and 41 of title 27, and §§ 27-
18-3(c), 27-38.2-1 et seq., or others as determined by the commissioner, on the cost of health
insurance for fully insured employers, subject to available resources;
(2) Current provider and insurer mandates that are unnecessary and/or duplicative due to
the existing standards of care and/or delivery of services in the healthcare system;
(3) A state-by-state comparison of health insurance mandates and the extent to which
Rhode Island mandates exceed other states benefits; and
(4) Recommendations for amendments to existing mandated benefits based on the findings
34 in (m)(1), (m)(2), and (m)(3) above.
(n) On or before July 1, 2014, the office of the health insurance commissioner, in
collaboration with the director of health and lieutenant governor's office, shall submit a report to
the general assembly and the governor to inform the design of accountable care organizations
(ACOs) in Rhode Island as unique structures for comprehensive health-care delivery and value-
based payment arrangements, that shall include, but not be limited to:
(1) Utilization review;
(2) Contracting; and
(3) Licensing and regulation.
(o) On or before February 3, 2015, the office of the health insurance commissioner shall
submit a report to the general assembly and the governor that describes, analyzes, and proposes
recommendations to improve compliance of insurers with the provisions of § 27-18-76 with regard
to patients with mental health and substance use disorders.
(p) To work to ensure the health insurance coverage of behavioral health care under the
same terms and conditions as other health care, and to integrate behavioral health parity
requirements into the office of the health insurance commissioner insurance oversight and health
care transformation efforts.
(q) To work with other state agencies to seek delivery system improvements that enhance
access to a continuum of mental health and substance use disorder treatment in the state; and
integrate that treatment with primary and other medical care to the fullest extent possible.
(r) To direct insurers toward policies and practices that address the behavioral health needs
of the public and greater integration of physical and behavioral healthcare delivery.
(s) The office of the health insurance commissioner shall conduct an analysis of the impact
of the provisions of § 27-38.2-1(i) on health insurance premiums and access in Rhode Island and
submit a report of its findings to the general assembly on or before June 1, 2023.
(t) To undertake the analyses, reports, and studies contained in this section:
(1) The office shall prepare a request for proposal for a qualified and competent firm or
firms to undertake the following analyses, reports, and studies;
(i) The firm shall undertake a comprehensive review of all social and human service
programs having a contract with or licensed by the state or any subdivision of the department of
children, youth and families (DCYF), the department of behavioral healthcare, developmental
disabilities, and hospitals (BHDDH), the department of human services (DHS), the department of
health (DOH), and Medicaid for the purposes of:
(A) Establishing a baseline of the eligibility factors for receiving services;
(B) Establishing a baseline of the service offering through each agency for those
determined eligible;
(C) Establishing a baseline understanding of reimbursement rates for all social and human
service programs including rates currently being paid, the date of the last increase, and a proposed
model which the state may use to conduct future studies and analyses;
(D) Ensuring accurate and adequate reimbursement to social and human service providers
that facilitate the availability of high-quality services to individuals receiving home and
community-based long-term services and supports provided by social and human service providers;
(E) Ensuring the general assembly is provided accurate financial projections on social and
human service program costs, demand for services, and workforce needs to ensure access to entitled
beneficiaries and services;
(F) Establishing a baseline and determining the relationship between state government and
the provider network including functions, responsibilities and duties;
(G) Determining a set of measures and accountability standards to be used by EOHHS and
the general assembly to measure the outcomes of the provision of services including budgetary
reporting requirements, transparency portals and other methods; and
(H) Reporting the findings of human services analyses and reports to the speaker of the
house, senate president, chairs of the house and senate finance committees, chairs of the house and
senate health and human services committees and the governor.
(2) The analyses, reports, and studies required pursuant to this section shall be
accomplished and published as follows and shall provide:
(i) An assessment and detailed reporting on all social and human service program rates to
be completed by October 1, 2022, including rates currently being paid and the date of the last
increase;
(ii) An assessment and detailed reporting on eligibility standards and processes of all
mandatory and discretionary social and human service programs to be completed by October 1,
26 2022;
(iii) An assessment and detailed reporting on utilization trends from the period of January
1, 2017 through December 31, 2021 for social and human service programs to be completed by
29 October 31, 2022;
(iv) An assessment and detailed reporting on the structure of the state government as it
relates to the provision of services by social and human service providers including eligibility and
functions of the provider network to be completed by October 31, 2022;
(v) An assessment and detailed reporting on accountability standards for services for social
and human service programs to be completed by October 31, 2022;
(vi) An assessment and detailed reporting by January 1, 2023 on all professional licensed
and unlicensed personnel requirements for established rates for social and human service programs
pursuant to a contract or established fee schedule;
(vii) An assessment and reporting on access to social and human service programs, to
include any wait lists and length of time on wait lists, in each service category by January 1, 2023;
(viii) An assessment and reporting of national and regional Medicaid rates in comparison
to Rhode Island social and human service provider rates by January 1, 2023; and
(ix) An assessment and reporting on usual and customary rates paid by private insurers and
private pay for similar social and human service providers, both nationally and regionally, by
10 January 1, 2023;
(x) Completion of the development of an assessment and review process that includes the
following components: eligibility, scope of services, relationship of social and human service
provider and the state, national and regional rate comparisons and accountability standards that
result in recommended rate adjustments, and this process shall be completed by September 1, 2023
and conducted biennially hereafter. The biennial rate setting shall be consistent with payment
requirements established in §1902(a)(30)(A) of the Social Security Act and all federal, and state
law, regulations and quality and safety standards. The results and findings of this process shall be
transparent, and public meetings shall be conducted to allow providers, recipients and other
interested parties an opportunity to ask questions and provide comment beginning in September
2023 and biennially thereafter.
(u) Annually, each department (namely EOHHS, DCYF, DOH, DHS, and BHDDH) shall
include the corresponding components of the assessment and review (i.e. eligibility, scope of
services, relationship of social and human service provider and the state, national and regional rate
comparisons and accountability standards including any changes or substantive issues between
biennial reviews) including the recommended rates from the most recent assessment and review
with their annual budget submission to the office of management and budget and provide a detailed
explanation and impact statement if any rate variances exist between submitted recommended
budget and the corresponding recommended rate from the most recent assessment and review
process starting October 1, 2023, and biennially thereafter.
(v) The general assembly shall appropriate adequate funding as it deems necessary to
undertake the analyses, reports, and studies contained in this section relating to the powers and
duties of the office of the health insurance commissioner.
SECTION 8. Chapter 42-14.5 of the General Laws entitled "The Rhode Island Health Care
Reform Act of 2004 - Health Insurance Oversight" is hereby amended by adding thereto the
1 following sections:
2 42-14.5-2.1. Definitions.
As used in this chapter:
(1) "Accountability standards" means measures including service processes, client and
population outcomes, practice standard compliance and fiscal integrity of social and human service
providers on the individual contractual level and service type for all state contacts of the state or
any subdivision or agency to include, but not limited to, the department of children, youth and
families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals
(BHDDH), the department of human services (DHS), the department of health (DOH), and
Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits
regardless of organizational tax status and accountability dashboards of aforementioned state
departments or subdivisions that are regularly shared with public.
(2) "Executive Office of Health and Human Services (EOHHS)" means the department that
serves as "principal agency of the executive branch of state government" (RIGL § 42-7.2-2)
responsible for managing the departments and offices of: health (RIDOH); human services (DHS);
healthy aging (OHA); veterans services (VETS); children, youth and families (DCYF); and
behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also
designated at the single state agency with authority to administer the Medicaid program in Rhode
Island.
(3) "Rate review" means the process of reviewing and reporting of specific trending factors
that influence the cost of service that informs rate setting.
(4) "Rate setting" means the process of establishing rates for social and human service
programs that are based on a thorough rate review process.
(5) "Social and human service program" means a social, mental health, developmental
disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance
use disorder treatment, residential care, adult or adolescent day services, vocational, employment
and training, or aging service program or accommodations purchased by the state.
(6) "Social and human service provider" means a provider of social and human service
programs pursuant to a contract with the state or any subdivision or agency to include, but not be
limited to, the department of children, youth and families (DCYF), the department of behavioral
healthcare, developmental disabilities and hospitals (BHDDH), the department of human services
(DHS), the department of health (DOH), and Medicaid.
(7) "State government and the provider network" refers to the contractual relationship
between a state agency or subdivision of state agency and private companies the stat contracts with
to provide the network of mandated and discretionary social and human services.
If any provision of this chapter or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications of the chapter, which
can be given effect without the invalid provision or application, and to this end the provisions of
this chapter are declared to be severable.
SECTION 9. Section 42-66.3-4 of the General Laws in Chapter 42-66.3 entitled "Home
and Community Care Services to the Elderly" is hereby amended to read as follows:
(a) To be eligible for this program the client must be determined, through a functional
assessment, to be in need of assistance with activities of daily living or and/or must meet a required
level of care as defined in rules and regulations promulgated by the department;
(b) Medicaid eligible individuals age sixty-five (65) or older of the state who meet the
financial guidelines of the Rhode Island medical assistance program, as defined in rules and
regulations promulgated by the department, shall be provided the services without charge; or
(c) Persons eligible for assistance under the provisions of this section, subject to the annual
appropriations deemed necessary by the general assembly to carry out the provisions of this chapter,
include: (1) any homebound unmarried resident or homebound married resident of the state living
separate and apart, who is ineligible for Medicaid, at least sixty-five (65) years of age or, if under
sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia, confirmed
by a licensed physician, ineligible for Medicaid, and whose income does not exceed the income
eligibility limits as defined by rules and regulations promulgated by the department two hundred
fifty percent (250%) of the federal poverty level; and (2) any married resident of the state who is
ineligible for Medicaid, at least sixty-five (65) years of age, ineligible for Medicaid, or, if under
sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia confirmed
by a licensed physician and whose income when combined with any income of that person's spouse
does not exceed two hundred fifty percent (250%) of the federal poverty level the income eligibility
limits as defined in rules and regulations promulgated by the department. Persons who meet the
eligibility requirement of this subsection shall be eligible for the co-payment portion as set forth in
30 § 42-66.3-5.
SECTION 10. Rhode Island Medicaid Reform Act of 2008 Resolution.
WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode
Island Medicaid Reform Act of 2008"; and
WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws
1 42-12.4-1, et seq.; and
WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary
of the Executive Office of Health and Human Services ("Executive Office") is responsible for the
review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals
as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category
II or III changes as described in the demonstration, "with potential to affect the scope, amount, or
duration of publicly-funded health care services, provider payments or reimbursements, or access
to or the availability of benefits and services provided by Rhode Island general and public laws";
and
WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
fiscally sound and sustainable, the Secretary requests legislative approval of the following
proposals to amend the demonstration; and
WHEREAS, implementation of adjustments may require amendments to the Rhode
Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the
demonstration. Further, adoption of new or amended rules, regulations and procedures may also be
required:
(a) Section 1115 Demonstration Waiver – Extension Request. The Executive Office
proposes to seek approval from the federal centers for Medicare and Medicaid services ("CMS")
to extend the Medicaid section 1115 demonstration waiver as authorized in Rhode Island General
Laws § 42-12.4. In the Medicaid section 1115 demonstration waiver extension request due to CMS
by December 31, 2022, in addition to maintaining existing Medicaid section 1115 demonstration
waiver authorities, the Executive Office proposes to seek additional federal authorities including
but not limited to promoting choice and community integration.
(b) Meals on Wheels. The Executive Office proposes an increase to existing fee-for-service
and managed care rates to account for growing utilization and rising food and delivery costs.
Additionally, the Executive Office of Health and Human Services will offer new Medicaid
reimbursement for therapeutic and cultural meals that are specifically tailored to improve health
through nutrition, provide post discharge support, and bolster complex care management for those
with chronic health conditions. To ensure the continued adequacy of rates, effective July 1, 2022,
and annually thereafter, the Executive Office proposes an annual rate increase based on the CPI-U
for New England: Food at Home, March release (containing the February data).
(c) American Rescue Plan Act. The Executive Office proposes to seek approval from CMS
for any necessary amendments to the Rhode Island State Plan or the 1115 Demonstration Waiver
to implement the spending plan approved by CMS under section 9817 of the American Rescue Plan
Act of 2021.
(d) HealthSource RI automatic enrollment: The Executive Office shall work with
HealthSource RI to establish a program for automatically enrolling qualified individuals who lose
Medicaid coverage at the end of the COVID-19 Public Health Emergency into Qualified Health
Plans ("QHP"). HealthSource RI may use funds available through the American Rescue Plan Act
to pay the first two (2) month’s premium for individuals who qualify for this program.
HealthSource RI may promulgate regulations establishing the scope and parameters of this
program.
(e) Increase Nursing Facility Rates. The Executive Office proposes to increase rates, both
fee-for-service and managed care, paid to nursing facilities by three percent (3.0%) on October 1,
2022, in lieu of the adjustment of rates by the change in a recognized national home inflation index
as defined in § 40-8-19 (2)(vi) and in addition to the one percent (1.0%) increase required for the
minimum wage pass through as defined in § 40-8-19 (2)(vi).
(f) Extend Post-Partum Medicaid Coverage. The Executive Office proposes extending the
continuous coverage of full benefit medical assistance from sixty (60) days to twelve (12) months
postpartum to women who are (1) not eligible for Medicaid under another Medicaid eligibility
category, or (2) do not have qualified immigrant status for Medicaid whose births are financed by
Medicaid through coverage of the child and currently only receive state-only extended family
planning benefits postpartum.
(g) Extending Medical Coverage to Children Previously Ineligible. The executive office of
health and human services will maximize federal financial participation if and when available,
though state-only funds will be used if federal financial participation is not available.
(h) Federal Financing Opportunities. The Executive Office proposes to review Medicaid
requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010
(PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode
Island Medicaid program that promote service quality, access and cost-effectiveness that may
warrant a Medicaid state plan amendment or amendment under the terms and conditions of Rhode
Island’s section 1115 waiver, its successor, or any extension thereof. Any such actions by the
Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase
in expenditures beyond the amount appropriated for state fiscal year 2023.
(i) Increase Adult Dental Rates. To ensure better access to dental care for adults, the
Executive Office proposes to increase rates in both fee-for-service and managed care.
(j) Increase Pediatric Provider Rates. To ensure better access to pediatric providers, the
Executive Office proposes to increase rates in both fee-for-service and managed care to be equal to
Medicare primary care rates.
(k) Increase Early Intervention Rates. To ensure better access to Early Intervention
Services, the Executive Office proposes to increase rates in both fee-for-service and managed care
by forty-five percent (45%).
(l) Increase Hospital Rates. The Executive Office proposes to increase inpatient and
outpatient rates, both fee-for-service and managed care, paid to hospitals by five percent (5%) on
7 July 1, 2022, in lieu of the adjustment of rates by the change in the recognized inflation index as
8 defined in § 40-8-13.4(1)(i).
9 (m) Nursing Facility Rate Setting. The Executive Office proposes to seek approval from
the federal Centers for Medicare and Medicaid Services ("CMS") for amendments to the Rhode
Island State Plan to eliminate references to the rate review process and audit requirements for
nursing facilities.
(n) Public Health Emergency Unwinding. The Executive Office proposes to seek approval
from the federal Centers for Medicare and Medicaid Services ("CMS") for section 1115
demonstration waivers and State Plan Amendments as necessary to: (1) continue some of the
temporary federal authorities granted during the Public Health Emergency ("PHE") for a period not
to extend 14 months beyond the termination of the PHE; and (2) ensure minimum adverse impact
on beneficiaries and state operations at the end of the PHE, including temporary authorities where
applicable, provided that such temporary authorities shall not extend beyond 14 months following
the termination of the PHE.
(o) Labor and Delivery Rates. The Executive Office proposes to increase rates paid for
labor and delivery services by 20 percent.
(p) Increase Rates for Home Based Services. To ensure better access to home care services
for children, the elderly and disabled adults, the Executive Office proposes to increase
reimbursement rates in both fee-for-service and managed care to a minimum of $15 an hour for
direct care workers.
(q) Certified Behavioral Healthcare Clinics. The Executive Office proposes to seek
approval from the federal Centers for Medicare and Medicaid Service for any necessary
amendments to the Rhode Island State Plan or 1115 Demonstration Waiver to implement the
Certified Behavioral Health Clinics federal model.
Now, therefore, be it:
RESOLVED, that the General Assembly hereby approves the proposals stated above in the
recitals; and be it further;
RESOLVED, that the Secretary of the Executive Office of Health and Human Services is
authorized to pursue and implement any waiver amendments, state plan amendments, and/or
changes to the applicable department’s rules, regulations and procedures approved herein and as
authorized by 42-12.4; and be it further;
RESOLVED, that this Joint Resolution shall take effect upon passage.
SECTION 11. Sections 1 through 6 and 9 of this Article shall take effect as of July 1, 2022.
Sections 7, 8 and 10 shall take effect upon passage.
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art.013/3/011/3/011/2/013/1
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RELATING TO HUMAN SERVICES
SECTION 1. Sections 40-5.2-10, 40-5.2-12 and 40-5.2-20 of the General Laws in Chapter
40-5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows:
The following requirements and conditions shall be necessary to establish eligibility for
the program.
(a) Citizenship, alienage, and residency requirements.
(1) A person shall be a resident of the State of Rhode Island.
(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the
alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be
amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the
alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in
accordance with this chapter.
(b) The family/assistance unit must meet any other requirements established by the
department of human services by rules and regulations adopted pursuant to the Administrative
Procedures Act, as necessary to promote the purpose and goals of this chapter.
(c) Receipt of cash assistance is conditional upon compliance with all program
requirements.
(d) All individuals domiciled in this state shall be exempt from the application of
subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any
individual ineligible for certain state and federal assistance if that individual has been convicted
under federal or state law of any offense that is classified as a felony by the law of the jurisdiction
and that has as an element the possession, use, or distribution of a controlled substance as defined
in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).
(e) Individual employment plan as a condition of eligibility.
(1) Following receipt of an application, the department of human services shall assess the
financial conditions of the family, including the non-parent caretaker relative who is applying for
cash assistance for himself or herself as well as for the minor child(ren), in the context of an
eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-
employed, the department shall conduct an initial assessment, taking into account:
(A) The physical capacity, skills, education, work experience, health, safety, family
responsibilities, and place of residence of the individual; and
(B) The child care and supportive services required by the applicant to avail himself or
herself of employment opportunities and/or work readiness programs.
(2) On the basis of this assessment, the department of human services and the department
of labor and training, as appropriate, in consultation with the applicant, shall develop an individual
employment plan for the family that requires the individual to participate in the intensive
employment services. Intensive employment services shall be defined as the work requirement
activities in § 40-5.2-12(g) and (i).
(3) The director, or his or her designee, may assign a case manager to an
applicant/participant, as appropriate.
(4) The department of labor and training and the department of human services in
conjunction with the participant shall develop a revised individual employment plan that shall
identify employment objectives, taking into consideration factors above, and shall include a
strategy for immediate employment and for preparing for, finding, and retaining employment
consistent, to the extent practicable, with the individual's career objectives.
(5) The individual employment plan must include the provision for the participant to
engage in work requirements as outlined in § 40-5.2-12.
(6)(i) The participant shall attend and participate immediately in intensive assessment and
employment services as the first step in the individual employment plan, unless temporarily exempt
from this requirement in accordance with this chapter. Intensive assessment and employment
services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).
(ii) Parents under age twenty (20) without a high school diploma or general equivalency
diploma (GED) shall be referred to special teen-parent programs that will provide intensive services
designed to assist teen parents to complete high school education or GED, and to continue approved
work plan activities in accord with Rhode Island works program requirements.
(7) The applicant shall become a participant in accordance with this chapter at the time the
individual employment plan is signed and entered into.
(8) Applicants and participants of the Rhode Island works program shall agree to comply
with the terms of the individual employment plan, and shall cooperate fully with the steps
established in the individual employment plan, including the work requirements.
(9) The department of human services has the authority under the chapter to require
attendance by the applicant/participant, either at the department of human services or at the
department of labor and training, at appointments deemed necessary for the purpose of having the
applicant enter into and become eligible for assistance through the Rhode Island works program.
The appointments include, but are not limited to: the initial interview, orientation and assessment;
job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance
in accordance with rules and regulations established by the department.
(10) As a condition of eligibility for assistance pursuant to this chapter, the
applicant/participant shall be obligated to keep appointments; attend orientation meetings at the
department of human services and/or the Rhode Island department of labor and training; participate
in any initial assessments or appraisals; and comply with all the terms of the individual employment
plan in accordance with department of human services rules and regulations.
(11) A participant, including a parent or non-parent caretaker relative included in the cash
assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as
defined in this chapter or the department's rules and regulations.
(12) A participant who voluntarily quits or refuses a job without good cause, as defined in
§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned
in accordance with rules and regulations promulgated by the department.
(f) Resources.
(1) The family or assistance unit's countable resources shall be less than the allowable
resource limit established by the department in accordance with this chapter.
(2) No family or assistance unit shall be eligible for assistance payments if the combined
value of its available resources (reduced by any obligations or debts with respect to such resources)
exceeds one five thousand dollars ($1,000) ($5,000).
(3) For purposes of this subsection, the following shall not be counted as resources of the
family/assistance unit in the determination of eligibility for the works program:
(i) The home owned and occupied by a child, parent, relative, or other individual;
(ii) Real property owned by a husband and wife as tenants by the entirety, if the property
is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
the property;
(iii) Real property that the family is making a good faith effort to dispose of, however, any
cash assistance payable to the family for any such period shall be conditioned upon such disposal
of the real property within six (6) months of the date of application and any payments of assistance
for that period shall (at the time of disposal) be considered overpayments to the extent that they
would not have occurred at the beginning of the period for which the payments were made. All
overpayments are debts subject to recovery in accordance with the provisions of the chapter;
(iv) Income-producing property other than real estate including, but not limited to,
equipment such as farm tools, carpenter's tools, and vehicles used in the production of goods or
services that the department determines are necessary for the family to earn a living;
(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily for income-producing purposes such as, but
not limited to, a taxi, truck, or fishing boat; a vehicle used as a family's home; a vehicle that annually
produces income consistent with its fair market value, even if only used on a seasonal basis; a
vehicle necessary to transport a family member with a disability where the vehicle is specially
equipped to meet the specific needs of the person with a disability or if the vehicle is a special type
of vehicle that makes it possible to transport the person with a disability;
(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of
limited value;
(vii) Burial plots (one for each child, relative, and other individual in the assistance unit)
and funeral arrangements;
(viii) For the month of receipt and the following month, any refund of federal income taxes
made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating
to earned income tax credit), and any payment made to the family by an employer under § 3507 of
the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of
such earned income credit);
(ix) The resources of any family member receiving supplementary security income
assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;
(x) Any veteran's disability pension benefits received as a result of any disability sustained
by the veteran while in the military service.
(g) Income.
(1) Except as otherwise provided for herein, in determining eligibility for and the amount
of cash assistance to which a family is entitled under this chapter, the income of a family includes
all of the money, goods, and services received or actually available to any member of the family.
(2) In determining the eligibility for and the amount of cash assistance to which a
family/assistance unit is entitled under this chapter, income in any month shall not include the first
one three hundred seventy dollars ($170) ($300) of gross earnings plus fifty percent (50%) of the
gross earnings of the family in excess of one three hundred seventy dollars ($170) ($300) earned
during the month.
(3) The income of a family shall not include:
(i) The first fifty dollars ($50.00) in child support received in any month from each
noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty
dollars ($50.00) per month multiplied by the number of months in which the support has been in
arrears) that are paid in any month by a noncustodial parent of a child;
(ii) Earned income of any child;
(iii) Income received by a family member who is receiving Supplemental Security Income
(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;
(iv) The value of assistance provided by state or federal government or private agencies to
meet nutritional needs, including: value of USDA-donated foods; value of supplemental food
assistance received under the Child Nutrition Act of 1966, as amended, and the special food service
program for children under Title VII, nutrition program for the elderly, of the Older Americans Act
of 1965 as amended, and the value of food stamps;
(v) Value of certain assistance provided to undergraduate students, including any grant or
loan for an undergraduate student for educational purposes made or insured under any loan program
administered by the United States Commissioner of Education (or the Rhode Island council on
postsecondary education or the Rhode Island division of higher education assistance);
(vi) Foster care payments;
(vii) Home energy assistance funded by state or federal government or by a nonprofit
organization;
(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made
to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE
and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act
24 of 1973, 42 U.S.C. § 5000 et seq.;
(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules
and regulations;
(x) Certain payments to native Americans; payments distributed per capita to, or held in
trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,
25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes
which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,
31 1975;
(xi) Refund from the federal and state earned income tax credit;
(xii) The value of any state, local, or federal government rent or housing subsidy, provided
that this exclusion shall not limit the reduction in benefits provided for in the payment standard
section of this chapter;
(xiii) The earned income of any adult family member who gains employment while an
active RI Works household member. This income is excluded for the first six (6) months of
employment in which the income is earned, or until the household's total gross income exceeds one
hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches its
forty-eight-month (48) time limit first;
(xiv) Any veteran's disability pension benefits received as a result of any disability
sustained by the veteran while in the military service.
(4) The receipt of a lump sum of income shall affect participants for cash assistance in
accordance with rules and regulations promulgated by the department.
(h) Time limit on the receipt of cash assistance.
(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this
chapter, to a family or assistance unit that includes an adult member who has received cash
assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time
receiving any type of cash assistance in any other state or territory of the United States of America
as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)
with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to
a family or assistance unit that includes an adult member who has received cash assistance for a
total of a lifetime limit of forty-eight (48) months.
(2) Cash benefits received by a minor dependent child shall not be counted toward their
lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
benefits as an adult.
(3) Certain minor children not subject to time limit. This section regarding the lifetime time
limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)
living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult
non-parent caretaker relative who is not in the cash assistance payment.
(4) Receipt of family cash assistance in any other state or territory of the United States of
America shall be determined by the department of human services and shall include family cash
assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
[Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance
provided under a program similar to the Rhode Island families work and opportunity program or
the federal TANF program.
(5) (i) The department of human services shall mail a notice to each assistance unit when
the assistance unit has six (6) months of cash assistance remaining and each month thereafter until
the time limit has expired. The notice must be developed by the department of human services and
must contain information about the lifetime time limit, the number of months the participant has
remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;
and any other information pertinent to a family or an assistance unit nearing the forty-eight-month
(48) lifetime time limit.
(ii) For applicants who have less than six (6) months remaining in the forty-eight-month
(48) lifetime time limit because the family or assistance unit previously received cash assistance in
Rhode Island or in another state, the department shall notify the applicant of the number of months
remaining when the application is approved and begin the process required in subsection (h)(5)(i).
(6) If a cash assistance recipient family was closed pursuant to Rhode Island's Temporary
Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal
Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family
independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction
because of failure to comply with the cash assistance program requirements; and that recipient
family received forty-eight (48) months of cash benefits in accordance with the family
independence program, then that recipient family is not able to receive further cash assistance for
his/her family, under this chapter, except under hardship exceptions.
(7) The months of state or federally funded cash assistance received by a recipient family
since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program
(federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),
formerly entitled the Rhode Island family independence program, shall be countable toward the
time-limited cash assistance described in this chapter.
(i) Time limit on the receipt of cash assistance.
(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance
unit in which an adult member has received cash assistance for a total of sixty (60) months (whether
or not consecutive) to include any time receiving any type of cash assistance in any other state or
territory of the United States as defined herein effective August 1, 2008. Provided further, that no
cash assistance shall be provided to a family in which an adult member has received assistance for
twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan
30 as provided in § 40-5.2-12(g)(5).
(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter
to a family in which a child has received cash assistance for a total of sixty (60) months (whether
or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection
(a)(2) to include any time they received any type of cash assistance in any other state or territory
of the United States as defined herein.
(j) Hardship exceptions.
(1) The department may extend an assistance unit's or family's cash assistance beyond the
time limit, by reason of hardship; provided, however, that the number of families to be exempted
by the department with respect to their time limit under this subsection shall not exceed twenty
percent (20%) of the average monthly number of families to which assistance is provided for under
this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by
federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in
determining the twenty percent (20%) maximum under this section.
(2) Parents who receive extensions to the time limit due to hardship must have and comply
with employment plans designed to remove or ameliorate the conditions that warranted the
extension.
(k) Parents under eighteen (18) years of age.
(1) A family consisting of a parent who is under the age of eighteen (18), and who has
never been married, and who has a child; or a family consisting of a woman under the age of
eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if
the family resides in the home of an adult parent, legal guardian, or other adult relative. The
assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of
the individual and child unless otherwise authorized by the department.
(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the
department determines that the physical or emotional health or safety of the minor parent, or his or
her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same
residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal
guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,
to live in his or her home shall constitute a presumption that the health or safety would be so
jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or
legal guardian for a period of at least one year before either the birth of any child to a minor parent
or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental
regulations, for waiving the subsection; and the individual resides in a supervised supportive-living
arrangement to the extent available.
(3) For purposes of this section, "supervised supportive-living arrangement" means an
arrangement that requires minor parents to enroll and make satisfactory progress in a program
leading to a high school diploma or a general education development certificate, and requires minor
parents to participate in the adolescent parenting program designated by the department, to the
extent the program is available; and provides rules and regulations that ensure regular adult
supervision.
(l) Assignment and cooperation. As a condition of eligibility for cash and medical
assistance under this chapter, each adult member, parent, or caretaker relative of the
family/assistance unit must:
(1) Assign to the state any rights to support for children within the family from any person
that the family member has at the time the assignment is executed or may have while receiving
assistance under this chapter;
(2) Consent to and cooperate with the state in establishing the paternity and in establishing
and/or enforcing child support and medical support orders for all children in the family or assistance
unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(3) Absent good cause, as defined by the department of human services through the
rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2),
cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member
of the family who has refused to comply with the requirements of this subsection consents to and
cooperates with the state in accordance with the requirements of this subsection.
(4) As a condition of eligibility for cash and medical assistance under this chapter, each
adult member, parent, or caretaker relative of the family/assistance unit must consent to and
cooperate with the state in identifying and providing information to assist the state in pursuing any
third party who may be liable to pay for care and services under Title XIX of the Social Security
23 Act, 42 U.S.C. § 1396 et seq.
(a) The department of human services and the department of labor and training shall assess
the applicant/parent or non-parent caretaker relative's work experience, educational, and vocational
abilities, and the department, together with the parent, shall develop and enter into a mandatory,
individual employment plan in accordance with § 40-5.2-10(e).
(b) In the case of a family including two (2) parents, at least one of the parents shall be
required to participate in an employment plan leading to full-time employment. The department
31 may also require the second parent in a two-parent (2) household to develop an employment plan
if, and when, the youngest child reaches six (6) years of age or older.
(c) The written, individual employment plan shall specify, at minimum, the immediate
steps necessary to support a goal of long-term, economic independence.
(d) All applicants and participants in the Rhode Island works employment program must
attend and participate in required appointments, employment plan development, and employment-
related activities, unless temporarily exempt for reasons specified in this chapter.
(e) A recipient/participant temporarily exempted from the work requirements may
participate in an individual employment plan on a voluntary basis, however, the individual remains
subject to the same program compliance requirements as a participant without a temporary
exemption.
(f) The individual employment plan shall specify the participant's work activity(ies) and
the supportive services that will be provided by the department to enable the participant to engage
in the work activity(ies).
(g) Work requirements for single-parent families. In single-parent households, the
participant parent or non-parent caretaker relative in the cash assistance payment, shall participate
as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in
the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest
child in the home is six (6) years of age or older, in one or more of their required work activities,
as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined
by the department of human services and the department of labor and training; provided, however,
that he or she shall begin with intensive employment services as the first step in the individual
employment plan. Required work activities are as follows:
(1) At least twenty (20) hours per week must come from participation in one or more of
the following ten (10) work activities:
(i) Unsubsidized employment;
(ii) Subsidized private-sector employment;
(iii) Subsidized public-sector employment;
(iv) Work experience;
(v) On-the-job training;
(vi) Job search and job readiness;
(vii) Community service programs;
(viii) Vocational educational training not to exceed twelve (12) months; provided,
however, that a participant who successfully completes their first year of education at the
community college of Rhode Island, may participate in vocational education training for an
additional twelve (12) months;
(ix) Providing childcare services to another participant parent who is participating in an
approved community service program; and
(x) Adult education in an intensive work-readiness program.
(2) Above twenty (20) hours per week, the parent may participate in one or more of the
following three (3) activities in order to satisfy a thirty-hour (30) requirement:
(i) Job skills training directly related to employment;
(ii) Education directly related to employment; and
(iii) Satisfactory attendance at a secondary school or in a course of study leading to a
certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without
a high school diploma or General Equivalence Diploma (GED).
(3) In the case of a parent under the age of twenty (20), attendance at a secondary school
or the equivalent during the month, or twenty (20) hours per week on average for the month in
education directly related to employment, will be counted as engaged in work.
(4) A parent who participates in a work experience or community service program for the
maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed
to have participated in his or her required minimum hours per week in core activities if actual
participation falls short of his or her required minimum hours per week.
(5) A parent who has been determined to have a physical or mental impairment affecting
employment, but who has not been found eligible for Social Security Disability benefits or
Supplemental Security Income must participate in his or her rehabilitation employment plan as
developed with the office of rehabilitation services that leads to employment and/or to receipt of
disability benefits through the Social Security Administration.
(6) A required work activity may be any other work activity permissible under federal
TANF provisions or state-defined Rhode Island works program activity, including up to ten (10)
hours of activities required by a parent's department of children, youth and families service plan.
(h) Exemptions from work requirements for the single-parent family. Work requirements
outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department
finds that he or she is:
(1) Caring for a child below the age of one; provided, however, that a parent may opt for
the deferral from an individual employment plan for a maximum of twelve (12) months during the
twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent
without a high school diploma or the equivalent, and who is not married, shall not be exempt for
more than twelve (12) weeks from the birth of the child;
(2) Caring for a disabled family member who resides in the home and requires full-time
care;
(3) A recipient of Social Security Disability benefits or Supplemental Security Income or
other disability benefits that have the same standard of disability as defined by the Social Security
Administration;
(4) An individual receiving assistance who is a victim of domestic violence as determined
by the department in accordance with rules and regulations;
(5) An applicant for assistance in her third trimester or a pregnant woman in her third
trimester who is a recipient of assistance and has medical documentation that she cannot work;
(6) An individual otherwise exempt by the department as defined in rules and regulations
promulgated by the department.
(i) Work requirement for two-parent families.
(1) In families consisting of two (2) parents, one or both parents are required, and shall be
engaged in, work activities as defined below, for an individual or combined total of at least thirty-
five (35) hours per week during the month, not fewer than thirty (30) hours per week of that are
attributable to one or more of the following listed work activities; provided, however, that he or she
shall begin with intensive employment services as the first step in the individual employment plan.
Two-parent work requirements shall be defined as the following:
(i) Unsubsidized employment;
(ii) Subsidized private-sector employment;
(iii) Subsidized public-sector employment;
(iv) Work experience;
(v) On-the-job training;
(vi) Job search and job readiness;
(vii) Community service program;
(viii) Vocational educational training not to exceed twelve (12) months; provided,
however, that a participant who successfully completes their first year of education at the
community college of Rhode Island, may participate in vocational education training for an
additional twelve (12) months;
(ix) The provision of childcare services to a participant individual who is participating in a
community service program; and
(x) Adult education in an intensive work-readiness program.
(2) Above thirty (30) hours per week, the following three (3) activities may also count for
participation:
(i) Job skills training directly related to employment;
(ii) Education directly related to employment; and
(iii) Satisfactory attendance at secondary school or in a course of study leading to a
certificate of general equivalence.
(3) A family with two (2) parents, in which one or both parents participate in a work
experience or community service program, shall be deemed to have participated in core work
activities for the maximum number of hours per week allowable by the Fair Labor Standards Act
(FLSA) if actual participation falls short of his or her required minimum hours per week.
(4) If the family receives childcare assistance and an adult in the family is not disabled or
caring for a severely disabled child, then the work-eligible individuals must be participating in work
activities for an average of at least fifty-five (55) hours per week to count as a two-parent family
engaged in work for the month.
(5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in
the activities listed in subsection (i)(1).
Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also
count as participation.
(6) A family with two (2) parents receiving child care in which one or both parents
participate in a work experience or community service program for the maximum number of hours
per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their
required core hours if actual participation falls short of the required minimum hours per week. For
families that need additional hours beyond the core activity requirement, these hours must be
satisfied in some other TANF work activity.
(j) Exemptions from work requirements for two-parent families. Work requirements
outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department
finds that:
(1) Both parents receive Supplemental Security Income (SSI);
(2) One parent receives SSI, and the other parent is caring for a disabled family member
who resides in the home and who requires full-time care; or
(3) The parents are otherwise exempt by the department as defined in rules and regulations.
(k) Failure to comply with work requirements -- Sanctions and terminations.
(1) The cash assistance to which an otherwise eligible family/assistance unit is entitled
under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance
with rules and regulations promulgated by the department, whenever any participant, without good
cause as defined by the department in its rules and regulations, has failed to enter into an individual
employment plan; has failed to attend a required appointment; has refused or quit employment; or
has failed to comply with any other requirements for the receipt of cash assistance under this
chapter. If the family's benefit has been reduced, benefits shall be restored to the full amount
beginning with the initial payment made on the first of the month following the month in which the
parent: (i) Enters into an individual employment plan or rehabilitation plan and demonstrates
compliance with the terms thereof; or (ii) Demonstrates compliance with the terms of his or her
existing individual employment plan or rehabilitation plan, as such plan may be amended by
agreement of the parent and the department.
(2) In the case where appropriate child care has been made available in accordance with
this chapter, a participant's failure, without good cause, to accept a bona fide offer of work,
including full-time, part-time, and/or temporary employment, or unpaid work experience or
community service, shall be deemed a failure to comply with the work requirements of this section
and shall result in reduction or termination of cash assistance, as defined by the department in rules
and regulations duly promulgated.
(3) If the family/assistance unit's benefit has been reduced for a total of three (3) months,
whether or not consecutive in accordance with this section due to the failure by one or more parents
to enter into an individual employment plan, or failure to comply with the terms of his or her
individual employment plan, or the failure to comply with the requirements of this chapter, cash
assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and
the benefits shall be restored to the family/assistance unit in the full amount the family/assistance
unit is otherwise eligible for under this chapter beginning on the first of the month following the
month in which all parents in the family/assistance unit who are subject to the employment or
rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or
rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii)
Demonstrate compliance with the terms of the parent's individual employment or rehabilitation
employment plan in effect at the time of termination of benefits, as such plan may be amended by
agreement of the parent and the department.
(4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits
under this subsection, the client may request the opportunity to meet with a social worker to identify
the reasons for non-compliance, establish good cause, and seek to resolve any issues that have
prevented the parent from complying with the employment plan requirements.
(5) Participants whose cases had closed in sanction status pursuant to Rhode Island's prior
Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A of the
federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more
specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program
requirements, but who had received less than forty-eight (48) months of cash assistance at the time
of closure, and who reapply for cash assistance under the Rhode Island works program, must
demonstrate full compliance, as defined by the department in its rules and regulations, before they
shall be eligible for cash assistance pursuant to this chapter.
(l) Good cause. Good cause for failing to meet any program requirements including leaving
employment, and failure to fulfill documentation requirements, shall be outlined in rules and
regulations promulgated by the department of human services.
(a) The department shall provide appropriate child care to every participant who is eligible
for cash assistance and who requires child care in order to meet the work requirements in
accordance with this chapter.
(b) Low-income child care. The department shall provide child care to all other working
families with incomes at or below one hundred eighty percent (180%) two hundred percent (200%)
of the federal poverty level if, and to the extent, these other families require child care in order to
work at paid employment as defined in the department's rules and regulations. Beginning October
1, 2013, the The department shall also provide child care to families with incomes below one
hundred eighty percent (180%) two hundred percent (200%) of the federal poverty level if, and to
the extent, these families require child care to participate on a short-term basis, as defined in the
department's rules and regulations, in training, apprenticeship, internship, on-the-job training, work
experience, work immersion, or other job-readiness/job-attachment program sponsored or funded
by the human resource investment council (governor's workforce board) or state agencies that are
part of the coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021,
through June 30, 2022, the department shall also provide childcare assistance to families with
incomes below one hundred eighty percent (180%) of the federal poverty level when such
assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode
Island public institution of higher education provided that eligibility to receive funding is capped
when expenditures reach $200,000 for this provision. Effective July 1, 2022, the department shall
also provide childcare assistance to families with incomes below two hundred percent (200%) of
the federal poverty level when such assistance is necessary for a member of these families to enroll
or maintain enrollment in a Rhode Island public institution of higher education.
(c) No family/assistance unit shall be eligible for childcare assistance under this chapter if
the combined value of its liquid resources exceeds one million dollars ($1,000,000), which
corresponds to the amount permitted by the federal government under the state plan and set forth
in the administrative rulemaking process by the department. Liquid resources are defined as any
interest(s) in property in the form of cash or other financial instruments or accounts that are readily
convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit
union, or other financial institution savings, checking, and money market accounts; certificates of
deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments
or accounts. These do not include educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.
The department is authorized to promulgate rules and regulations to determine the ownership and
source of the funds in the joint account.
(d) As a condition of eligibility for childcare assistance under this chapter, the parent or
caretaker relative of the family must consent to, and must cooperate with, the department in
establishing paternity, and in establishing and/or enforcing child support and medical support
orders for any children in the family receiving appropriate child care under this section in
accordance with the applicable sections of title 15, as amended, unless the parent or caretaker
relative is found to have good cause for refusing to comply with the requirements of this subsection.
(e) For purposes of this section, "appropriate child care" means child care, including infant,
toddler, preschool, nursery school, and school-age, that is provided by a person or organization
qualified, approved, and authorized to provide the care by the state agency or agencies designated
to make the determinations in accordance with the provisions set forth herein.
(f) (1) Families with incomes below one hundred percent (100%) of the applicable federal
poverty level guidelines shall be provided with free child care. Families with incomes greater than
one hundred percent (100%) and less than one hundred eighty percent (180%) two hundred percent
(200%) of the applicable federal poverty guideline shall be required to pay for some portion of the
child care they receive, according to a sliding-fee scale adopted by the department in the
department's rules, not to exceed seven percent (7%) of income as defined in subsection (h) of this
section.
(2) Families who are receiving childcare assistance and who become ineligible for
childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) two
hundred percent (200%) of the applicable federal poverty guidelines shall continue to be eligible
for childcare assistance until their incomes exceed two hundred twenty-five percent (225%) three
hundred percent (300%) of the applicable federal poverty guidelines. To be eligible, the families
must continue to pay for some portion of the child care they receive, as indicated in a sliding-fee
scale adopted in the department's rules, not to exceed seven percent (7%) of income as defined in
subsection (h) of this section, and in accordance with all other eligibility standards.
(g) In determining the type of child care to be provided to a family, the department shall
take into account the cost of available childcare options; the suitability of the type of care available
for the child; and the parent's preference as to the type of child care.
(h) For purposes of this section, "income" for families receiving cash assistance under §
40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in
§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and
unearned income as determined by departmental regulations.
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
the expenditures for child care in accordance with the provisions of § 35-17-1.
(j) In determining eligibility for childcare assistance for children of members of reserve
components called to active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was in the month prior
to the month of leaving for active duty. This shall continue until the individual is officially
discharged from active duty.
SECTION 2. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is hereby
amended by adding thereto the following section:
(a) There shall be established a retail supplemental nutrition assistance program (SNAP)
incentives pilot program to be administered by the department of human services. Funds
appropriated for the program shall be expended first for the implementation and administration of
the retail SNAP incentives program to promote healthy food access and nutrition among Rhode
Island SNAP recipients.
(1) SNAP households will receive fifty cents ($0.50) credit on their electronic benefit
transfer (EBT) card for each one dollar ($1.00) spent on eligible fruits and vegetables at
participating retailers, up to a monthly limit as determined by the department.
(2) This pilot program shall take effect on January 1, 2023, and operate until appropriated
funds are expended.
(b) The department of human services shall promulgate rules, regulations, and procedures
necessary for the implementation of this section including, but not limited to the following:
(1) Eligibility for pilot participation;
(2) Purchases eligible to earn incentive payments;
(3) Monthly incentive limits that may be earned by participating households; and
(4) Eligible uses of earned incentive payments.
(c) The department shall report to the speaker of the house, president of the senate, and
chairpersons of the house and senate finance committees regarding the amount of credits issued
pursuant to this section and administrative expenses, no later than February 15, 2024.
SECTION 3. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Childcare-
State Subsidies” is hereby amended to read as follows:
(a) Through June 30, 2015, subject to the payment limitations in subsection (c), the
maximum reimbursement rates to be paid by the departments of human services and children, youth
and families for licensed childcare centers and licensed family childcare providers shall be based
on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the
average of the 75th percentile of the 2002 and the 2004 weekly market rates:
LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY
MARKET RATE
10 INFANT $182.00
PRESCHOOL $150.00
SCHOOL-AGE $135.00
LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY
PROVIDERS MARKET RATE
15 INFANT $150.00
PRESCHOOL $150.00
SCHOOL-AGE $135.00
Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum
reimbursement rates to be paid by the departments of human services and children, youth and
families for licensed childcare centers and licensed family childcare providers shall be based on the
above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of
the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by
ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare
providers and license-exempt providers and then the rates for all providers for all age groups shall
be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare
centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-
four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one
cents ($161.71) for preschool-age children.
(b) Effective July l, 2018, subject to the payment limitations in subsection (c), the
maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of
human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state's quality rating system outlined in § 42-12-23.1.
(1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent
(2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above
the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY
2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly
amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly
amount.
(2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half
(2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)
above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY
2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018
weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018
weekly amount.
12 (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.]
(d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and
training shall conduct an independent survey or certify an independent survey of the then-current
weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey
to the department of human services. The next survey shall be conducted by June 30, 2016, and
triennially thereafter. The departments of human services and labor and training will jointly
determine the survey criteria including, but not limited to, rate categories and sub-categories.
(e) In order to expand the accessibility and availability of quality child care, the department
of human services is authorized to establish, by regulation, alternative or incentive rates of
reimbursement for quality enhancements, innovative or specialized child care, and alternative
methodologies of childcare delivery, including nontraditional delivery systems and collaborations.
(f) Effective January 1, 2007, all childcare providers have the option to be paid every two
(2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of
reimbursement payments.
(g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by
the departments of human services and children, youth and families for licensed family childcare
providers shall be implemented in a tiered manner, reflective of the quality rating the provider has
achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be
reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three
percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the
prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the
prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base
rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier
five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.
(h) Through December 31, 2021, the maximum reimbursement rates paid by the
departments of human services, and children, youth and families to licensed childcare centers shall
be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows:
5 | Tier 1 | Tier 2 | Tier 3 | Tier 4 | Tier 5 | |
6 | Infant/Toddler | $257.54 | $257.54 | $257.54 | $257.54 | $273.00 |
7 | Preschool Age | $195.67 | $195.67 | $195.67 | $195.67 | $260.00 |
8 | School Age | $200.00 | $200.00 | $200.00 | $200.00 | $245.00 |
9 The maximum reimbursement rates paid by the departments of human services, and
children, youth and families to licensed family childcare providers shall be consistent with the
enhanced emergency rates provided as of June 1, 2021, as follows:
12 | Tier 1 | Tier 2 | Tier 3 | Tier 4 | Tier 5 | |
13 | Infant/Toddler | $224.43 | $224.43 | $224.43 | $224.43 | $224.43 |
14 | Preschool Age | $171.45 | $171.45 | $171.45 | $171.45 | $171.45 |
15 | School Age | $162.30 | $162.30 | $162.30 | $162.30 | $162.30 |
(i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the
departments of human services and children, youth and families for licensed childcare centers shall
be implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
| |||||
22 CENTERS | Tier One | Tier Two | Tier Three | Tier Four | Tier Five |
23 Infant/Toddler | $236.36 | $244.88 | $257.15 | $268.74 | $284.39 |
24 Preschool | $207.51 | $212.27 | $218.45 | $223.50 | $231.39 |
25 School-Age | $180.38 | $182.77 | $185.17 | $187.57 | $189.97 |
The maximum reimbursement rates for licensed family childcare providers paid by the
departments of human services, and children, youth and families is determined through collective
bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid
to licensed family childcare providers by both departments is implemented in a tiered manner that
reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.
(j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments
of human services and children, youth and families for licensed childcare centers shall be
implemented in a tiered manner, reflective of the quality rating the provider has achieved within
the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be
| ||||
3 CENTERS Tier One | Tier Two | Tier Three | Tier Four | Tier Five |
4 Infant/Toddler $265 | $270 | $282 | $289 | $300 |
5 Preschool $225 | $235 | $243 | $250 | $260 |
6 School-Age $200 | $205 | $220 | $238 | $250 |
7 SECTION 4. This Article shall take effect July 1, 2022.
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art.014/3/013/2/015/1
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RELATING TO EFFECTIVE DATE
SECTION 1. This act shall take effect as of July 1, 2022, except as otherwise provided
herein.
SECTION 2. This article shall take effect upon passage.