2019 -- H 5151

========

LC000763

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2020

     

     Introduced By: Representative Marvin L. Abney

     Date Introduced: January 17, 2019

     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 2020

2

ARTICLE 2 RELATING TO STATE FUNDS

3

ARTICLE 3 RELATING TO GOVERNMENT REFORM

4

ARTICLE 4 RELATING TO GOVERNMENT REORGANIZATION

5

ARTICLE 5 RELATING TO TAXES, REVENUE AND FEES

6

ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

7

ARTICLE 7 RELATING TO MOTOR VEHICLES

8

ARTICLE 8 RELATING TO TRANSPORTATION

9

ARTICLE 9 RELATING TO LOCAL AID

10

ARTICLE 10 RELATING TO UNIVERSAL PREKINDERGARTEN

11

ARTICLE 11 RELATING TO RHODE ISLAND PROMISE

12

ARTICLE 12 RELATING TO ECONOMIC DEVELOPMENT

13

ARTICLE 13 RELATING TO MINIMUM WAGES

14

ARTICLE 14 RELATING TO HEALTHCARE MARKET STABILITY

15

ARTICLE 15 RELATING TO CHILDREN AND FAMILIES

16

ARTICLE 16 RELATING TO MEDICAL ASSISTANCE

17

ARTICLE 17 RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION

18

ARTICLE 18 RELATING TO HOSPITAL UNCOMPENSATED CARE

19

ARTICLE 19 RELATING TO LICENSING OF HOSPITAL FACILITIES

 

1

ARTICLE 20 RELATING TO MARIJUANA

2

ARTICLE 21 RELATING TO EFFECTIVE DATE

 

LC000763 - Page 2 of 541

1

ARTICLE 1

2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2020

3

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

4

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

5

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

6

2020. The amounts identified for federal funds and restricted receipts shall be made available

7

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

8

purposes and functions hereinafter mentioned, the state controller is hereby authorized and

9

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

10

portions thereof as may be required from time to time upon receipt by him or her of properly

11

authenticated vouchers.

12

Administration

13

Central Management

14

General Revenues 2,669,232

15

Legal Services

16

General Revenues 2,399,876

17

     Federal Funds 105,536

18

Total – Legal Services 2,505,412

19

Accounts and Control

20

General Revenues 5,412,043

21

Restricted Receipts 149,966

22

Total – Accounts and Control 5,562,009

23

Office of Management and Budget

24

General Revenues 8,220,142

25

Restricted Receipts 300,000

26

Other Funds 1,321,384

27

Total – Office of Management and Budget 9,841,526

28

Purchasing

29

General Revenues 3,443,947

30

Restricted Receipts 459,389

31

Other Funds 503,353

32

Total – Purchasing 4,406,689

33

Human Resources

34

General Revenues 788,541

 

LC000763 - Page 3 of 541

1

Personnel Appeal Board

2

General Revenues 151,521

3

Information Technology

4

General Revenues 1,647,418

5

Federal Funds 114,000

6

Restricted Receipts 6,622,092

7

Total – Information Technology 8,383,510

8

Library and Information Services

9

General Revenues 1,457,501

10

Federal Funds 1,155,921

11

Restricted Receipts 1,404

12

Total – Library and Information Services 2,614,826

13

Planning

14

General Revenues 736,706

15

Federal Funds 15,448

16

Other Funds

17

Air Quality Modeling 24,000

18

Federal Highway – PL Systems Planning 3,775,979

19

FTA – Metro Planning Grant 1,107,450

20

Total – Planning 5,659,583

21

General

22

General Revenues

23

Miscellaneous Grants/Payments 130,000

24

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

25

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

26

Torts – Courts/Awards 400,000

27

Resource Sharing and State Library Aid 9,362,072

28

Library Construction Aid 1,937,230

29

Restricted Receipts 700,000

30

Other Funds

31

Rhode Island Capital Plan Funds

32

Security Measures State Buildings 500,000

33

Energy Efficiency Improvements 500,000

34

Cranston Street Armory 500,000

 

LC000763 - Page 4 of 541

1

State House Renovations 1,301,684

2

Zambarano Building Rehabilitation 3,720,000

3

Replacement of Fueling Tanks 330,000

4

Environmental Compliance 200,000

5

Big River Management Area 100,000

6

Pastore Center Buildings Demolition 1,000,000

7

Veterans Memorial Auditorium 90,000

8

Shepard Building 1,000,000

9

Pastore Center Water Tanks & Pipes 280,000

10

RI Convention Center Authority 5,500,000

11

Dunkin Donuts Center 1,500,000

12

Board of Elections (Medical Examiner) 6,000,000

13

Pastore Center Power Plant Rehabilitation 750,000

14

Accessibility – Facility Renovations 1,000,000

15

DoIT Operations System 1,000,000

16

BHDDH DD & Community Facilities – Asset Protection 200,000

17

BHDDH DD & Community Homes – Fire Code 350,000

18

BHDDH DD Regional Facilities – Asset Protection 300,000

19

BHDDH Group Homes 500,000

20

Expo Center (Springfield) 250,000

21

Hospital Consolidation 12,430,000

22

McCoy Stadium 200,000

23

Pastore Center Master Plan 2,000,000

24

South County Capital Projects 450,000

25

Capitol Hill Campus Projects 4,125,000

26

Pastore Center Campus Projects 7,587,888

27

Total – General 66,193,874

28

Debt Service Payments

29

General Revenues 163,687,862

30

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

31

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

32

maximum debt service due in accordance with the loan agreement.

33

Federal Funds 1,870,830

34

Other Funds

 

LC000763 - Page 5 of 541

1

Transportation Debt Service 36,322,259

2

Investment Receipts – Bond Funds 100,000

3

Total - Debt Service Payments 201,980,951

4

Energy Resources

5

Federal Funds 786,674

6

Restricted Receipts 7,817,428

7

Total – Energy Resources 8,604,102

8

Rhode Island Health Benefits Exchange

9

General Revenues 2,755,841

10

Restricted Receipts 7,447,556

11

Total – Rhode Island Health Benefits Exchange 10,203,397

12

Office of Diversity, Equity & Opportunity

13

General Revenues 1,304,197

14

Other Funds 122,303

15

Total – Office of Diversity, Equity & Opportunity 1,426,500

16

Capital Asset Management and Maintenance

17

General Revenues 9,817,305

18

Statewide Savings Initiatives

19

General Revenues

20

Fraud and Waste Detection (4,200,000)

21

Injured-on-Duty Savings (1,657,000)

22

Overtime Savings (1,000,000)

23

Statewide Efficiency Commission (10,000,000)

24

Total – Statewide Savings Initiative (16,857,000)

25

      Grand Total – Administration 323,951,978

26

Business Regulation

27

Central Management

28

General Revenues 2,529,586

29

Banking Regulation

30

General Revenues 1,659,819

31

Restricted Receipts 75,000

32

Total – Banking Regulation 1,734,819

33

Securities Regulation

34

General Revenues 1,083,495

 

LC000763 - Page 6 of 541

1

Restricted Receipts 15,000

2

Total – Securities Regulation 1,098,495

3

Insurance Regulation

4

General Revenues 3,919,342

5

Restricted Receipts 2,011,929

6

Total – Insurance Regulation 5,931,271

7

Office of the Health Insurance Commissioner

8

General Revenues 1,747,106

9

Federal Funds 386,854

10

Restricted Receipts 478,223

11

Total – Office of the Health Insurance Commissioner 2,612,183

12

Board of Accountancy

13

General Revenues 5,883

14

Commercial Licensing and Gaming and Athletics Licensing

15

General Revenues 976,519

16

Restricted Receipts 950,957

17

Total – Commercial Licensing, Racing & Athletics 1,927,476

18

Building, Design and Fire Professionals

19

General Revenues 6,586,406

20

Federal Funds 378,840

21

Restricted Receipts 2,021,456

22

Other Funds

23

Quonset Development Corporation 71,199

24

Rhode Island Capital Plan Funds

25

Fire Academy 310,000

26

Total – Building, Design and Fire Professionals 9,367,901

27

Office of Cannabis Regulation

28

Restricted Receipts 5,562,901

29

Grand Total – Business Regulation 30,770,515

30

Executive Office of Commerce

31

Central Management

32

General Revenues 921,663

33

Other Funds

34

Rhode Island Capital Plan Funds

 

LC000763 - Page 7 of 541

1

Site Readiness 1,000,000

2

Total – Central Management 1,921,663

3

Housing and Community Development

4

General Revenues 841,208

5

Federal Funds 17,611,003

6

Restricted Receipts 4,754,319

7

Total – Housing and Community Development 23,206,530

8

Quasi–Public Appropriations

9

General Revenues

10

Rhode Island Commerce Corporation 7,589,906

11

Airport Impact Aid 762,500

12

     Sixty percent (60%) of the funds appropriated for airport impact aid shall be distributed

13

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

14

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

15

the funds appropriated shall be distributed based on the share of landings during the calendar year

16

2019 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset

17

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

18

Corporation shall make an impact payment to the towns or cities in which the airport is located

19

based on this calculation. Each community upon which any part of the above airports is located

20

shall receive an equal share of the payment associated with that airport.

21

STAC Research Alliance 900,000

22

Innovative Matching Grants/Internships 1,000,000

23

I-195 Redevelopment District Commission 761,000

24

      Chafee Center at Bryant 476,200

25

      Polaris Manufacturing Grant 350,000

26

Pay For Success 500,000

27

Other Funds

28

Rhode Island Capital Plan Funds

29

      I-195 Commission 450,000

30

      Quonset Piers 5,000,000

31

      Quonset Point Infrastructure 4,000,000

32

Total – Quasi–Public Appropriations 21,789,606

33

Economic Development Initiatives Fund

34

General Revenues

 

LC000763 - Page 8 of 541

1

Innovation Initiative 1,000,000

2

I-195 Redevelopment Fund 1,000,000

3

Rebuild RI Tax Credit Fund 15,000,000

4

Competitive Cluster Grants 100,000

5

P-tech 200,000

6

Small Business Promotion 300,000

7

Small Business Assistance 750,000

8

Total – Economic Development Initiatives Fund 18,350,000

9

Commerce Programs

10

General Revenues

11

Wavemaker Fellowship 1,200,000

12

40th Portal 1,450,000

13

Streamline and Simplify 262,724

14

Total – Commerce Programs 2,912,724

15

Grand Total – Executive Office of Commerce 68,180,523

16

Labor and Training

17

Central Management

18

General Revenues 797,120

19

Restricted Receipts 222,508

20

Total – Central Management 1,019,628

21

Workforce Development Services

22

General Revenues 6,276,757

23

Provided that $100,000 be allocated to support the Opportunities Industrialization Center.

24

Federal Funds 25,729,383

25

Restricted Receipts 17,247,532

26

Other Funds 197,142

27

Total – Workforce Development Services 49,450,814

28

Workforce Regulation and Safety

29

General Revenues 3,231,560

30

Income Support

31

General Revenues 5,066,681

32

Federal Funds 14,259,697

33

Restricted Receipts 4,409,670

34

Other Funds

 

LC000763 - Page 9 of 541

1

Temporary Disability Insurance Fund 203,094,524

2

Employment Security Fund 162,735,000

3

Total – Income Support 389,565,572

4

Injured Workers Services

5

Restricted Receipts 10,573,722

6

Labor Relations Board

7

General Revenues 441,669

8

Grand Total – Labor and Training 454,282,965

9

Department of Revenue

10

Director of Revenue

11

General Revenues 2,141,620

12

Office of Revenue Analysis

13

General Revenues 841,407

14

Lottery Division

15

Other Funds 420,149,414

16

Municipal Finance

17

General Revenues 1,722,673

18

Taxation

19

General Revenues 31,438,000

20

Federal Funds 0

21

Restricted Receipts 790,184

22

Other Funds

23

Motor Fuel Tax Evasion 172,961

24

Total – Taxation 32,401,145

25

Registry of Motor Vehicles

26

General Revenues 24,834,484

27

Federal Funds 545,243

28

Restricted Receipts 2,834,763

29

Other Funds

30

DMV – HMA Transfer from DOT 4,534,968

31

Total – Registry of Motor Vehicles 32,749,458

32

State Aid

33

General Revenues

34

Distressed Communities Relief Fund 12,384,458

 

LC000763 - Page 10 of 541

1

Payment in Lieu of Tax Exempt Properties 40,830,409

2

Motor Vehicle Excise Tax Payments 77,989,394

3

Property Revaluation Program 688,856

4

Restricted Receipts 922,013

5

Total – State Aid 132,815,130

6

Collections

7

General Revenues 899,649

8

Grand Total – Revenue 623,720,496

9

Legislature

10

General Revenues 44,754,101

11

Restricted Receipts 1,832,014

12

Grand Total – Legislature 46,586,115

13

Lieutenant Governor

14

General Revenues 1,147,816

15

Secretary of State

16

Administration

17

General Revenues 3,675,528

18

Corporations

19

General Revenues 2,191,898

20

State Archives

21

General Revenues 112,670

22

Restricted Receipts 426,672

23

Total – State Archives 539,342

24

Elections and Civics

25

General Revenues 2,117,101

26

Federal Funds 1,016,230

27

Total – Elections and Civics 3,133,331

28

State Library

29

General Revenues 683,490

30

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

31

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

32

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

33

Office of Public Information

34

General Revenues 452,568

 

LC000763 - Page 11 of 541

1

Receipted Receipts 25,000

2

Total – Office of Public Information 477,568

3

Grand Total – Secretary of State 10,701,157

4

General Treasurer

5

Treasury

6

General Revenues 2,643,533

7

Federal Funds 287,818

8

Other Funds

9

Temporary Disability Insurance Fund 249,940

10

Tuition Savings Program – Administration 413,319

11

Total –Treasury 3,595,210

12

State Retirement System

13

Restricted Receipts

14

Admin Expenses – State Retirement System 9,898,528

15

Retirement – Treasury Investment Operations 1,838,053

16

Defined Contribution – Administration 231,632

17

Total – State Retirement System 11,968,213

18

Unclaimed Property

19

Restricted Receipts 24,912,844

20

Crime Victim Compensation Program

21

General Revenues 394,018

22

Federal Funds 711,156

23

Restricted Receipts 636,944

24

Total – Crime Victim Compensation Program 1,742,118

25

Grand Total – General Treasurer 42,218,385

26

Board of Elections

27

General Revenues 2,462,583

28

Rhode Island Ethics Commission

29

General Revenues 1,845,298

30

Office of Governor

31

General Revenues

32

General Revenues 6,243,211

33

Contingency Fund 250,000

34

Grand Total – Office of Governor 6,493,211

 

LC000763 - Page 12 of 541

1

Commission for Human Rights

2

General Revenues 1,353,591

3

Federal Funds 563,414

4

Grand Total – Commission for Human Rights 1,917,005

5

Public Utilities Commission

6

Federal Funds 178,002

7

Restricted Receipts 12,034,581

8

Grand Total – Public Utilities Commission 12,212,583

9

Office of Health and Human Services

10

Central Management

11

General Revenues 30,406,442

12

Of this appropriation, $115,310 is to increase the Medicaid program’s contribution to the

13

per-member/per-month payment to RI Quality Institute for operation of the statewide Health

14

Information Exchange, $120,000 is for upgrades to the Health Information Exchange

15

infrastructure, and $100,000 is for the state share of financing for continued operation of the

16

statewide clinical quality measurement system developed using federal funding from the State

17

Innovation Models (SIM) Initiative. Each of the aforementioned appropriations is subject to the

18

approval of the Secretary of the Executive Office of Health and Human Services and the Director

19

of the Office of Management and Budget prior to being obligated.

20

Federal Funds 145,779,469

21

Of this appropriation, $1,037,790 is to increase the Medicaid program’s contribution to

22

the per-member/per-month payment to RI Quality Institute for operation of the statewide Health

23

Information Exchange, $1,080,000 is for upgrades to the Health Information Exchange

24

infrastructure, and $900,000 is for financing the continued operation of the statewide clinical

25

quality measurement system developed using federal funding from the State Innovation Models

26

(SIM) Initiative. Each of the aforementioned appropriations is subject to the approval of the

27

Secretary of the Executive Office of Health and Human Services and the Director of the Office of

28

Management and Budget prior to being obligated.

29

Restricted Receipts 15,711,366

30

Total – Central Management 191,897,277

31

Medical Assistance

32

General Revenues

33

Managed Care 315,464,320

34

Hospitals 88,057,080

 

LC000763 - Page 13 of 541

1

Nursing Facilities 164,773,740

2

Home and Community Based Services 41,837,041

3

Other Services 95,137,990

4

Pharmacy 74,760,160

5

Rhody Health 188,776,008

6

Federal Funds

7

Managed Care 412,424,941

8

Hospitals 99,508,398

9

Nursing Facilities 184,767,499

10

Home and Community Based Services 46,913,576

11

Other Services 518,168,339

12

Pharmacy (572,412)

13

Rhody Health 208,722,749

14

Other Programs 43,038,580

15

Restricted Receipts 9,024,205

16

Total – Medical Assistance 2,490,802,214

17

Elderly Affairs

18

General Revenues 8,421,239

19

     Of this amount, $140,000 to provide elder services, including respite, through the

20

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

21

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

22

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

23

$800,000 for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for

24

Meals on Wheels.

25

Federal Funds 13,511,791

26

Restricted Receipts 172,609

27

Total – Elderly Affairs 22,105,639

28

Office of Veterans' Affairs

29

General Revenues 25,831,689

30

     Of this amount, $400,000 to provide support services through Veterans’ Organizations.

31

Federal Funds 13,459,517

32

Restricted Receipts 1,000,000

33

Total – Office of Veterans' Affairs 40,291,206

34

Grand Total – Office of Health and Human Services 2,745,096,336

 

LC000763 - Page 14 of 541

1

Children, Youth, and Families

2

Central Management

3

General Revenues 10,944,609

4

Federal Funds 3,729,331

5

Total – Central Management 14,673,940

6

Children's Behavioral Health Services

7

General Revenues 7,185,060

8

Federal Funds 6,313,808

9

Total – Children's Behavioral Health Services 13,498,868

10

Juvenile Correctional Services

11

General Revenues 22,361,978

12

Federal Funds 184,338

13

Other Funds

14

Rhode Island Capital Plan Funds

15

Training School Maintenance 1,500,000

16

Training School Generators 425,000

17

Total – Juvenile Correctional Services 24,499,991

18

Child Welfare

19

General Revenues

20

General Revenues 126,119,254

21

18 to 21 Year Olds 452,521

22

Federal Funds 47,287,733

23

Restricted Receipts 1,858,882

24

Total – Child Welfare 175,718,390

25

Higher Education Incentive Grants

26

General Revenues 200,000

27

Grand Total – Children, Youth, and

28

Families 228,591,189

29

Health

30

Central Management

31

General Revenues 3,644,060

32

Federal Funds 4,318,002

33

Restricted Receipts 6,758,617

34

Total – Central Management 14,720,679

 

LC000763 - Page 15 of 541

1

Community Health and Equity

2

General Revenues 1,673,497

3

Federal Funds 68,573,339

4

Restricted Receipts 38,176,076

5

      Total – Community Health and Equity 108,422,912

6

Environmental Health

7

General Revenues 5,631,319

8

Federal Funds 7,433,183

9

Restricted Receipts 625,138

10

Total – Environmental Health 13,689,640

11

Health Laboratories and Medical Examiner

12

General Revenues 10,733,047

13

Federal Funds 2,012,392

14

Other Funds

15

Rhode Island Capital Plan Funds

16

Laboratory Equipment 400,000

17

Total – Health Laboratories and Medical Examiner 13,145,439

18

Customer Services

19

General Revenues 7,636,027

20

Federal Funds 4,064,441

21

Restricted Receipts 1,405,836

22

Total – Customer Services 13,106,304

23

Policy, Information and Communications

24

General Revenues 924,067

25

Federal Funds 3,238,593

26

Restricted Receipts 3,008,897

27

Total – Policy, Information and Communications 7,171,557

28

Preparedness, Response, Infectious Disease & Emergency Services

29

General Revenues 1,998,023

30

Federal Funds 16,362,030

31

Total – Preparedness, Response, Infectious Disease &

32

Emergency Services 18,360,053

33

Grand Total - Health 188,616,584

34

Human Services

 

LC000763 - Page 16 of 541

1

Central Management

2

General Revenues 4,796,879

3

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

4

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

5

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

6

outreach and supportive services through Day One, $175,000 is for food collection and

7

distribution through the Rhode Island Community Food Bank, $500,000 for services provided to

8

the homeless at Crossroads Rhode Island, and $520,000 for the Community Action Fund and

9

$200,000 for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy.

10

Federal Funds 4,987,351

11

Total – Central Management 9,784,230

12

Child Support Enforcement

13

General Revenues 2,822,190

14

Federal Funds 6,926,373

15

Total – Child Support Enforcement 9,748,563

16

Individual and Family Support

17

General Revenues 31,647,539

18

Federal Funds 113,324,185

19

Restricted Receipts 11,918,988

20

Other Funds

21

Food Stamp Bonus Funding 170,000

22

Intermodal Surface Transportation Fund 4,428,478

23

Rhode Island Capital Plan Funds

24

Blind Vending Facilities 165,000

25

Total – Individual and Family Support 161,654,190

26

Health Care Eligibility

27

General Revenues 2,608,841

28

Federal Funds 10,792,058

29

Total – Health Care Eligibility 13,400,899

30

Supplemental Security Income Program

31

General Revenues 20,169,608

32

Rhode Island Works

33

General Revenues 11,716,905

34

Federal Funds 92,933,110

 

LC000763 - Page 17 of 541

1

Total – Rhode Island Works 104,650,015

2

Other Programs

3

General Revenues 1,133,280

4

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

5

Federal Funds 265,157,901

6

Total – Other Programs 266,291,181

7

Grand Total – Human Services 585,698,686

8

Behavioral Healthcare, Developmental Disabilities, and Hospitals

9

Central Management

10

General Revenues 3,495,795

11

Federal Funds 1,316,004

12

Total – Central Management 4,811,799

13

Hospital and Community System Support

14

General Revenues 2,241,946

15

Federal Funds 23,377

16

Total – Hospital and Community System Support 2,265,323

17

Services for the Developmentally Disabled

18

General Revenues 131,370,111

19

Of this general revenue funding, $3.0 million shall be expended on certain community-

20

based BHDDH developmental disability private provider and self-directed consumer direct care

21

service worker raises and associated payroll costs as authorized by the Department of Behavioral

22

Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in

23

residential or other community-based settings must first receive the approval of the Office of

24

Management and Budget and the Executive Office of Health and Human Services.

25

     Of this general revenue funding, $750,000 is to support technical and other assistance for

26

community-based agencies to ensure they transition to providing integrated services to adults

27

with developmental disabilities that comply with the consent decree.

28

Federal Funds 147,498,685

29

Of this funding, $841,006 is to support technical and other assistance for community-

30

based agencies to ensure they transition to providing integrated services to adults with

31

developmental disabilities that comply with the consent decree.

32

Restricted Receipts 1,525,800

33

Other Funds

34

Rhode Island Capital Plan Funds

 

LC000763 - Page 18 of 541

1

DD Residential Development 500,000

2

Total – Services for the Developmentally Disabled 280,894,596

3

Behavioral Healthcare Services

4

General Revenues 3,177,675

5

Federal Funds 34,042,755

6

Of this federal funding, $900,000 shall be expended on the Municipal Substance

7

Abuse Task Forces and $128,000 shall be expended on NAMI of RI. Also included is

8

$250,000 from Social Services Block Grant funds and/or the Mental Health Block Grant funds to

9

be provided to The Providence Center to coordinate with Oasis Wellness and Recovery Center for

10

its supports and services program offered to individuals with behavioral health issues.

11

Restricted Receipts 149,600

12

Other Funds

13

Rhode Island Capital Plan Funds

14

Substance Abuse Asset Protection 350,000

15

Total – Behavioral Healthcare Services 37,720,030

16

Hospital and Community Rehabilitative Services

17

General Revenues 55,007,785

18

Federal Funds 63,058,216

19

Restricted Receipts 4,412,947

20

Other Funds

21

Rhode Island Capital Plan Funds

22

Hospital Equipment 300,000

23

Total - Hospital and Community Rehabilitative Services 122,778,948

24

Grand Total – Behavioral Healthcare, Developmental

25

Disabilities, and Hospitals 448,470,696

26

Office of the Child Advocate

27

General Revenues 986,701

28

Federal Funds 247,356

29

Grand Total – Office of the Child Advocate 1,234,057

30

Commission on the Deaf and Hard of Hearing

31

General Revenues 563,338

32

Restricted Receipts 130,000

33

Grand Total – Comm. On Deaf and Hard of Hearing 693,338

34

Governor’s Commission on Disabilities

 

LC000763 - Page 19 of 541

1

General Revenues

2

General Revenues 555,672

3

Livable Home Modification Grant Program 499,397

4

Provided that this will be used for home modification and accessibility

5

enhancements to construct, retrofit, and/or renovate residences to allow individuals to remain in

6

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

7

Services.

8

Federal Funds 458,689

9

Restricted Receipts 44,901

10

Total – Governor’s Commission on Disabilities 1,558,659

11

Office of the Mental Health Advocate

12

General Revenues 602,411

13

Elementary and Secondary Education

14

Administration of the Comprehensive Education Strategy

15

General Revenues 21,629,338

16

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

17

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $345,000 be allocated

18

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

19

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

20

families as a strategy to accelerate student achievement.

21

Provided further that $590,000 shall be allocated to further support improving students’

22

mental health by investing in classroom-based intervention through teacher and staff training and

23

professional development.

24

Federal Funds 211,637,474

25

Restricted Receipts

26

Restricted Receipts 3,155,409

27

HRIC Adult Education Grants 3,500,000

28

Total – Admin. of the Comprehensive Ed. Strategy 239,922,221

29

Davies Career and Technical School

30

General Revenues 13,694,981

31

Federal Funds 1,416,084

32

Restricted Receipts 3,784,140

33

Other Funds

34

Operational Transfers to Davies 100,000

 

LC000763 - Page 20 of 541

1

Rhode Island Capital Plan Funds

2

Davies HVAC 700,000

3

Davies Asset Protection 150,000

4

Total – Davies Career and Technical School 19,845,205

5

RI School for the Deaf

6

General Revenues 6,701,193

7

Federal Funds 506,048

8

Restricted Receipts 837,032

9

Other Funds

10

School for the Deaf Transformation Grants 59,000

11

Rhode Island Capital Plan Funds

12

Asset Protection 50,000

13

Total – RI School for the Deaf 8,153,273

14

Metropolitan Career and Technical School

15

General Revenues 9,342,007

16

Other Funds

17

Rhode Island Capital Plan Funds

18

MET School Asset Protection 250,000

19

Total – Metropolitan Career and Technical School 9,592,007

20

Education Aid

21

General Revenues 951,046,281

22

Restricted Receipts 26,283,985

23

Other Funds

24

Permanent School Fund 500,000

25

     Provided that $500,000 be provided to support the Advanced Coursework Network.

26

Total – Education Aid 977,830,266

27

Central Falls School District

28

General Revenues 41,087,651

29

School Construction Aid

30

General Revenues

31

School Housing Aid 78,984,971

32

School Building Authority Fund 1,015,029

33

Total – School Construction Aid 80,000,000

34

Teachers' Retirement

 

LC000763 - Page 21 of 541

1

General Revenues 112,337,502

2

Grand Total – Elementary and Secondary Education 1,488,768,125

3

Public Higher Education

4

Office of Postsecondary Commissioner

5

General Revenues 18,176,011

6

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

7

the Rhode Island General Law, Section 16-70-5 and that $60,000 shall be allocated to Best

8

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

9

disabilities. It is also provided that $5,995,000 shall be allocated to the Rhode Island Promise

10

Scholarship program.

11

Federal Funds

12

Federal Funds 3,600,000

13

Guaranty Agency Administration 400,000

14

Guaranty Agency Operating Fund-Scholarships & Grants 5,507,013

15

Rhode Island Promise – Available Reserves 5,346,128

16

Provided that $2,046,128 shall be allocated to the Adult Promise Scholarship at

17

the Community College of Rhode Island, and that $3,300,000 shall support the Rhode Island

18

College Promise program.

19

Restricted Receipts 2,752,977

20

Other Funds

21

Tuition Savings Program – Dual Enrollment 2,300,000

22

Tuition Savings Program – Scholarships and Grants 2,500,000

23

Nursing Education Center – Operating 3,034,680

24

Rhode Island Capital Plan Funds

25

Higher Education Centers 2,000,000

26

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

27

cost.

28

Asset Protection 341,000

29

Total – Office of Postsecondary Commissioner 45,957,809

30

University of Rhode Island

31

General Revenues

32

General Revenues 83,390,529

33

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

34

$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be

 

LC000763 - Page 22 of 541

1

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

2

opportunities for individuals with intellectual and developmental disabilities.

3

Debt Service 30,535,395

4

RI State Forensics Laboratory 1,299,182

5

Other Funds

6

University and College Funds 677,435,028

7

Debt – Dining Services 1,062,129

8

Debt – Education and General 4,830,975

9

Debt – Health Services 792,955

10

Debt – Housing Loan Funds 12,867,664 Debt – Memorial Union 323,009

11

Debt – Ryan Center 2,393,006

12

Debt – Alton Jones Services 102,525

13

Debt – Parking Authority 1,126,020

14

Debt – Restricted Energy Conservation 521,653

15

Debt – URI Energy Conservation 2,103,157

16

Rhode Island Capital Plan Funds

17

Asset Protection 8,326,839

18

Fine Arts Center Renovation 7,070,064

19

Total – University of Rhode Island 834,180,130

20

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

21

unencumbered balances as of June 30, 2020 relating to the University of Rhode Island are hereby

22

reappropriated to fiscal year 2021.

23

Rhode Island College

24

General Revenues

25

General Revenues 50,339,615

26

Debt Service 6,180,718

27

Other Funds

28

University and College Funds 132,924,076

29

Debt – Education and General 880,433

30

Debt – Housing 366,667

31

Debt – Student Center and Dining 153,428

32

Debt – Student Union 206,000

33

Debt – G.O. Debt Service 1,642,121

34

Debt Energy Conservation 635,275

 

LC000763 - Page 23 of 541

1

Rhode Island Capital Plan Funds

2

Asset Protection 3,669,050

3

Infrastructure Modernization 3,000,000

4

Academic Building Phase I 2,000,000

5

Total – Rhode Island College 201,997,383

6

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

7

unencumbered balances as of June 30, 2020 relating to Rhode Island College are hereby

8

reappropriated to fiscal year 2021.

9

Community College of Rhode Island

10

General Revenues

11

General Revenues 52,483,378

12

Debt Service 1,898,030

13

Restricted Receipts 633,400

14

Other Funds

15

University and College Funds 104,605,016

16

CCRI Debt Service – Energy Conservation 805,312

17

Rhode Island Capital Plan Funds

18

Asset Protection 2,439,076

19

Knight Campus Lab Renovation 1,300,000

20

Knight Campus Renewal 3,500,000

21

Data, Cabling, and Power Infrastructure 500,000

22

Total – Community College of RI 168,164,212

23

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

24

unencumbered balances as of June 30, 2020 relating to the Community College of Rhode Island

25

are hereby reappropriated to fiscal year 2021.

26

Grand Total – Public Higher Education 1,250,299,534

27

RI State Council on the Arts

28

General Revenues

29

Operating Support 839,748

30

Grants 1,245,000

31

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

32

Providence art installations.

33

Federal Funds 762,500

34

Restricted Receipts 5,000

 

LC000763 - Page 24 of 541

1

Other Funds

2

Art for Public Facilities 626,000

3

Grand Total – RI State Council on the Arts 3,478,248

4

RI Atomic Energy Commission

5

General Revenues 1,059,094

6

Restricted Receipts 99,000

7

Other Funds

8

URI Sponsored Research 287,000

9

Rhode Island Capital Plan Funds

10

RINSC Asset Protection 50,000

11

Grand Total – RI Atomic Energy Commission 1,495,094

12

RI Historical Preservation and Heritage Commission

13

General Revenues 1,488,293

14

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

15

activities.

16

Federal Funds 557,028

17

Restricted Receipts 421,439

18

Other Funds

19

RIDOT Project Review 128,570

20

Grand Total – RI Historical Preservation and Heritage Comm. 2,595,330

21

Attorney General

22

Criminal

23

General Revenues 17,969,266

24

Federal Funds 3,552,999

25

Restricted Receipts 144,335

26

Total – Criminal 21,666,600

27

Civil

28

General Revenues 5,595,839

29

Restricted Receipts 765,181

30

Total – Civil 6,361,020

31

Bureau of Criminal Identification

32

General Revenues 1,769,535

33

General

34

General Revenues 3,340,563

 

LC000763 - Page 25 of 541

1

Other Funds

2

Rhode Island Capital Plan Funds

3

Building Renovations and Repairs 150,000

4

Total – General 3,490,563

5

Grand Total – Attorney General 33,287,718

6

Corrections

7

Central Management

8

General Revenues 16,642,761

9

Federal Funds 44,649

10

      Total – Central Management 16,687,410

11

Parole Board

12

General Revenues 1,501,549

13

Federal Funds 116,872

14

Total – Parole Board 1,618,421

15

Custody and Security

16

General Revenues 141,066,001

17

Federal Funds 796,727

18

Total – Custody and Security 141,862,728

19

Institutional Support

20

General Revenues 21,557,913

21

Other Funds

22

Rhode Island Capital Plan Funds

23

Asset Protection 12,754,000

24

Total – Institutional Support 34,311,913

25

Institutional Based Rehab./Population Management

26

General Revenues 14,203,252

27

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

28

discharge planning.

29

Federal Funds 844,026

30

Restricted Receipts 44,473

31

Total – Institutional Based Rehab/Population Mgt. 15,091,751

32

Healthcare Services

33

General Revenues 25,821,609

34

Community Corrections

 

LC000763 - Page 26 of 541

1

General Revenues 17,312,125

2

Federal Funds 84,437

3

Restricted Receipts 14,896

4

Total – Community Corrections 17,411,458

5

Grand Total – Corrections 252,805,290

6

Judiciary

7

Supreme Court

8

General Revenues

9

General Revenues 30,361,862

10

     Provided however, that no more than $1,183,205 in combined total shall be offset to the

11

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

12

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

13

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

14

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

15

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

16

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

17

Defense of Indigents 4,403,487

18

Federal Funds 133,759

19

Restricted Receipts 3,603,699

20

     Other Funds

21

Rhode Island Capital Plan Funds

22

Judicial Complexes - HVAC 1,000,000

23

Judicial Complexes Asset Protection 1,000,000

24

Judicial Complexes Fan Coil Replacements 500,000

25

Licht Chillers Replacement 1,200,000

26

Licht Judicial Complex Restoration 750,000

27

Total - Supreme Court 42,952,807

28

Judicial Tenure and Discipline

29

General Revenues 154,616

30

Superior Court

31

General Revenues 25,020,009

32

Federal Funds 33,500

33

Restricted Receipts 400,983

34

Total – Superior Court 25,454,492

 

LC000763 - Page 27 of 541

1

Family Court

2

General Revenues 22,958,064

3

Federal Funds 2,977,481

4

Total – Family Court 25,935,545

5

District Court

6

General Revenues 13,946,310

7

Restricted Receipts 60,000

8

Total - District Court 14,006,310

9

Traffic Tribunal

10

General Revenues 9,283,407

11

Workers' Compensation Court

12

Restricted Receipts 8,943,104

13

Grand Total – Judiciary 126,730,281

14

Military Staff

15

General Revenues 3,219,493

16

Federal Funds 34,354,996

17

Restricted Receipts

18

RI Military Family Relief Fund 55,000

19

Other Funds

20

Rhode Island Capital Plan Funds

21

Asset Protection 700,000

22

Joint Force Headquarters Building 1,800,000

23

Grand Total – Military Staff 40,129,489

24

Public Safety

25

Central Management

26

General Revenues 1,268,763

27

Federal Funds 14,579,673

28

Restricted Receipts 72,319

29

Total – Central Management 15,920,755

30

E-911 Emergency Telephone System

31

General Revenues 6,792,261

32

Security Services

33

General Revenues 26,743,619

34

Municipal Police Training Academy

 

LC000763 - Page 28 of 541

1

General Revenues 296,254

2

Federal Funds 419,790

3

Total – Municipal Police Training Academy 716,044

4

State Police

5

General Revenues 76,095,776

6

Federal Funds 4,986,942

7

Restricted Receipts 1,670,000

8

Other Funds

9

Rhode Island Capital Plan Funds

10

DPS Asset Protection 600,000

11

Training Academy Upgrades 425,000

12

Facilities Master Plan 350,000

13

Headquarters Roof Project 2,000,000

14

Airport Corporation Assistance 146,832

15

Road Construction Reimbursement 2,244,969

16

Weight and Measurement Reimbursement 400,000

17

Total – State Police 88,919,519

18

Grand Total – Public Safety 139,092,198

19

Office of Public Defender

20

General Revenues 12,848,271

21

Federal Funds 75,665

22

Grand Total – Office of Public Defender 12,923,936

23

Emergency Management Agency

24

General Revenues 2,439,647

25

Federal Funds 9,295,523

26

Restricted Receipts 468,005

27

Other Funds

28

Rhode Island Capital Plan Funds

29

RI Statewide Communications Network 1,494,414

30

Grand Total – Emergency Management Agency 13,697,589

31

Environmental Management

32

Office of the Director

33

General Revenues 7,395,368

34

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

 

LC000763 - Page 29 of 541

1

Federal Funds 212,741

2

Restricted Receipts 3,891,345

3

Total – Office of the Director 11,499,454

4

Natural Resources

5

General Revenues 24,592,693

6

Federal Funds 21,990,427

7

Restricted Receipts 3,977,991

8

Other Funds

9

DOT Recreational Projects 762,000

10

Blackstone Bikepath Design 1,000,000

11

Transportation MOU 10,286

12

Rhode Island Capital Plan Funds

13

Dam Repair 1,860,000

14

Fort Adams Rehabilitation 300,000

15

Recreational Facilities Improvements 3,100,000

16

Galilee Piers Upgrade 1,200,000

17

Marine Infrastructure and Pier Development 750,000

18

Total – Natural Resources 59,543,397

19

Environmental Protection

20

General Revenues 13,190,507

21

Federal Funds 10,106,352

22

Restricted Receipts 8,463,628

23

Other Funds

24

Transportation MOU 87,269

25

Total – Environmental Protection 31,847,756

26

Grand Total – Environmental Management 102,890,607

27

Coastal Resources Management Council

28

General Revenues 2,913,195

29

Federal Funds 1,597,735

30

Restricted Receipts 250,000

31

      Other Funds

32

      Rhode Island Capital Plan Funds

33

      Rhode Island Coastal Storm Risk Study 500,000

34

      Rhode Island Beach SAMP 50,000

 

LC000763 - Page 30 of 541

1

      Grand Total – Coastal Resources Mgmt. Council 5,310,930

2

Transportation

3

Central Management

4

     Federal Funds 5,955,305

5

     Other Funds

6

Gasoline Tax 7,728,427

7

     Total – Central Management 13,683,732

8

Management and Budget

9

      Other Funds

10

      Gasoline Tax 2,353,268

11

Infrastructure Engineering

12

      Federal Funds 321,053,094

13

      Restricted Receipts 3,007,550

14

      Other Funds

15

      Gasoline Tax 76,970,197

16

      Toll Revenue 25,000,000

17

      Land Sale Revenue 2,595,391

18

      Rhode Island Capital Plan Funds

19

      Bike Path Maintenance 400,000

20

      Highway Improvement Program 32,451,346

21

      RIPTA - College Hill Bus Terminal 800,000

22

      RIPTA - Land and Buildings 90,000

23

      RIPTA – Warwick Bus Hub 120,000

24

      Total - Infrastructure Engineering 462,487,578

25

Infrastructure Maintenance

26

      Other Funds

27

      Gasoline Tax 21,471,321

28

      Non-Land Surplus Property 50,000

29

      Utility Access Permit Fees 500,000

30

      Rhode Island Highway Maintenance Account 124,684,562

31

      Provided that $400,000 shall be allocated to bicycle path projects and $150,000

32

     shall be allocated to Rhode Island Welcome Center improvements.

33

      Rhode Island Capital Plan Funds

34

      Maintenance Facilities Improvements 500,000

 

LC000763 - Page 31 of 541

1

      Salt Storage Facilities 1,900,000

2

      Maintenance - Equipment Replacement 1,500,000

3

      Train Station Maintenance and Repairs 350,000

4

      Total – Infrastructure Maintenance 150,955,883

5

      Grand Total – Transportation 629,480,461

6

Statewide Totals

7

General Revenues 4,075,093,139

8

Federal Funds 3,318,666,714

9

Restricted Receipts 301,461,708

10

Other Funds 2,234,815,855

11

Statewide Grand Total 9,572,741,806

12

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

13

appropriation.

14

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

15

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

16

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

17

thereby.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

managed in a businesslike manner, promote efficient use of services by making agencies pay the

31

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

32

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

33

costs of general government support. The controller is authorized to reimburse these accounts for

34

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

 

LC000763 - Page 32 of 541

1

following expenditure limitations:

2

     Account Expenditure Limit

3

     State Assessed Fringe Benefit Internal Service Fund 31,377,620

4

     Administration Central Utilities Internal Service Fund 23,055,162

5

     State Central Mail Internal Service Fund 6,290,947

6

     State Telecommunications Internal Service Fund 3,450,952

7

     State Automotive Fleet Internal Service Fund 12,740,920

8

     Surplus Property Internal Service Fund 3,000

9

     Health Insurance Internal Service Fund 252,562,111

10

     State Fleet Revolving Loan Fund 273,786

11

     Other Post-Employment Benefits Fund 63,858,483

12

     Capitol Police Internal Service Fund 1,479,703

13

     Corrections Central Distribution Center Internal Service Fund 6,798,359

14

     Correctional Industries Internal Service Fund 8,191,195

15

     Secretary of State Record Center Internal Service Fund 969,729

16

     Human Resources Internal Service Fund 15,227,277

17

     DCAMM Facilities Internal Service Fund 40,379,969

18

     Information Technology Internal Service Fund 40,631,267

19

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

20

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

21

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

22

appropriations contained in Section 1 of this Article. The statement of legislative intent shall be

23

kept on file in the House Finance Committee and in the Senate Finance Committee.

24

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

25

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

26

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

27

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

28

released or granted.

29

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

30

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

31

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

32

Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2020.

33

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

34

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

 

LC000763 - Page 33 of 541

1

be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending

2

June 30, 2020.

3

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

4

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

5

of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2020.

6

     SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby

7

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

8

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

9

the Office of the Postsecondary Commissioner to support student financial aid for the fiscal year

10

ending June 30, 2020.

11

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

12

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

13

not include seasonal or intermittent positions whose scheduled period of employment does not

14

exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and

15

twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include

16

individuals engaged in training, the completion of which is a prerequisite of employment.

17

Provided, however, that the Governor or designee, Speaker of the House of Representatives or

18

designee, and the President of the Senate or designee may authorize an adjustment to any

19

limitation. Prior to the authorization, the State Budget Officer shall make a detailed written

20

recommendation to the Governor, the Speaker of the House, and the President of the Senate. A

21

copy of the recommendation and authorization to adjust shall be transmitted to the chairman of

22

the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the

23

Senate Fiscal Advisor.

24

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

25

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

26

state general revenue funding source.

27

FY 2020 FTE POSITION AUTHORIZATION

28

     Departments and Agencies Full-Time Equivalent

29

     Administration 670.1

30

     Business Regulation 187.0

31

     Executive Office of Commerce 18.0

32

     Labor and Training 451.7

33

     Revenue 587.5

34

     Legislature 298.5

 

LC000763 - Page 34 of 541

1

     Office of the Lieutenant Governor 8.0

2

     Office of the Secretary of State 59.0

3

     Office of the General Treasurer 89.0

4

     Board of Elections 13.0

5

     Rhode Island Ethics Commission 12.0

6

     Office of the Governor 45.0

7

     Commission for Human Rights 14.5

8

     Public Utilities Commission 60.0

9

     Office of Health and Human Services 479.1

10

     Children, Youth, and Families 629.5

11

     Health 520.6

12

     Human Services 755.0

13

     Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,305.4

14

     Office of the Child Advocate 10.0

15

     Commission on the Deaf and Hard of Hearing 4.0

16

     Governor’s Commission on Disabilities 4.0

17

     Office of the Mental Health Advocate 4.0

18

     Elementary and Secondary Education 142.1

19

     School for the Deaf 60.0

20

     Davies Career and Technical School 126.0

21

     Office of Postsecondary Commissioner 38.0

22

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

23

supported by third-party funds, 9.0 would be available only for positions at the State’s Higher

24

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

25

positions at the Nursing Education Center.

26

     University of Rhode Island 2,555.0

27

     Provided that 440.0 of the total authorization would be available only for positions that

28

are supported by third-party funds, and that 445.0 of the total authorization would be available

29

only for positions that are supported by auxiliary enterprise units of the university.

30

     Rhode Island College 949.2

31

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

32

supported by third-party funds.

33

     Community College of Rhode Island 854.1

34

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

 

LC000763 - Page 35 of 541

1

supported by third-party funds.

2

     Rhode Island State Council on the Arts 8.6

3

     RI Atomic Energy Commission 8.6

4

     Historical Preservation and Heritage Commission 15.6

5

     Office of the Attorney General 239.1

6

     Corrections 1,426.0

7

     Judicial 723.3

8

     Military Staff 98.0

9

     Emergency Management Agency 32.0

10

     Public Safety 595.6

11

     Office of the Public Defender 96.0

12

     Environmental Management 406.0

13

     Coastal Resources Management Council 30.0

14

     Transportation 785.0

15

Total 15,413.7

16

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

17

Island Capital Plan funds for fiscal year 2020 and supersede appropriations provided for FY 2020

18

within Section 12 of Article 1 of Chapter 047 of the P.L. of 2018.

19

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

20

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

21

June 30, 2021, June 30, 2022, June 30, 2023, and June 30, 2024. These amounts supersede

22

appropriations provided within Section 12 of Article 1 of Chapter 047 of the P.L. of 2018.

23

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

24

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

25

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

26

authenticated vouchers.

27

Fiscal Year Fiscal Year Fiscal Year Fiscal Year

28

Ending Ending Ending Ending

29

Project June 30, 2021 June 30, 2022 June 30, 2023 June 30, 2024

30

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

31

DOA – Board of Elections/Health/ME Lab 9,000,000 0 0 0

32

DOA – Capital Hill 5,100,000 6,300,000 6,200,000 7,375,000

33

DOA – Cranston Street Armory 500,000 1,100,000 2,000,000 2,100,000

34

DOA – Energy Efficiency 500,000 1,000,000 1,000,000 1,000,000

 

LC000763 - Page 36 of 541

1

DOA – Hospital Reorganization 6,721,495 0 0 0

2

DOA – Pastore Center 4,600,000 5,200,000 6,250,000 5,750,000

3

DOA – Security Measures/State

4

Buildings 500,000 500,000 500,000 500,000

5

DOA – Shepard Building 850,000 750,000 750,000 750,000

6

DOA – State House Renovations 877,169 428,000 900,000 900,000

7

South County 500,000 500,000 500,000 500,000

8

DOA – Zambarano Utilities and Mtn. 2,300,000 550,000 1,300,000 1,800,000

9

DOA – BHDDH Group Homes 500,000 1,300,000 1,400,000 1,500,000

10

EOC – Quonset Piers 5,000,000 0 0 0

11

EOC – Quonset Point Infrastructure 6,000,000 0 0 0

12

DCYF – RITS Repairs 800,000 200,000 200,000 200,000

13

EL SEC – Davies School Asset Protection 150,000 150,000 150,000 150,000

14

EL SEC – Davies School HVAC 1,800,000 0 0 0

15

EL SEC – Met School Asset Protection 250,000 250,000 250,000 250,000

16

URI – Asset Protection 8,531,280 8,700,000 8,874,000 9,094,395

17

RIC – Asset Protection 4,150,000 4,233,000 4,318,000 5,061,384

18

RIC – Infrastructure Modernization 3,500,000 4,500,000 2,000,000 2,344,319

19

CCRI – Asset Protection 2,487,857 2,537,615 2,588,000 3,033,548

20

CCRI – Knight Campus Renewal 3,500,000 0 0 0

21

CCRI – Flanagan Campus Renewal 2,000,000 2,000,000 6,000,000 2,500,000

22

CCRI - Physics/Engineering Lab 1,300,000 0 0 0

23

CCRI – Data Cabling/Power Infrastructure 3,680,000 5,180,000 4,290,000 0

24

DOC – Asset Protection 14,850,000 17,700,000 17,250,000 11,500,000

25

Military Staff – Asset Protection 700,000 800,000 800,000 800,000

26

DPS – Asset Protection 650,000 650,000 900,000 400,000

27

DEM – Fort Adams Rehabilitation 300,000 300,000 300,000 300,000

28

DEM – Galilee Piers Upgrade 1,200,000 500,000 500,000 500,000

29

DEM – Marine Infrastructure/

30

Pier Development 1,000,000 1,250,000 1,250,000 1,250,000

31

DEM – Recreational Facilities Improv. 2,100,000 3,000,000 3,000,000 3,000,000

32

DEM – Natural Resources Offices &

33

Visitor’s Center 0 2,000,000 3,000,000 0

34

DOT – Highway Improvement Program 32,451,346 32,451,346 32,451,346 32,451,346

 

LC000763 - Page 37 of 541

1

DOT – Capital Equipment Replacement 1,500,000 1,500,000 1,500,000 1,500,000

2

DOT – Maintenance Facility Improv. 500,000 500,000 500,000 500,000

3

DOT – Bike Maintenance Improv. 400,000 400,000 400,000 400,000

4

DOT – Salt Storage Facilities Improv. 1,500,000 1,500,000 1,000,000 1,000,000

5

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

6

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

7

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

8

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

9

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

10

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

11

     SECTION 14. For the Fiscal Year ending June 30, 2020, the Rhode Island Housing and

12

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

13

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

14

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

15

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

16

Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the

17

Senate Finance Committee and the State Budget Officer.

18

     SECTION 15. Notwithstanding any general laws to the contrary, the Rhode Island

19

Housing and Mortgage Finance Corporation shall transfer to the State Controller the sum of one

20

million five-hundred thousand dollars ($1,500,000) by June 30, 2020.

21

     SECTION 16. Notwithstanding any general laws to the contrary, the Rhode Island

22

Infrastructure Bank shall transfer to the State Controller the sum of four million dollars

23

($4,000,000) by June 30, 2020.

24

     SECTION 17. Notwithstanding any general laws to the contrary, the Rhode Island

25

Student Loan Authority shall transfer to the State Controller the sum of one million five-hundred

26

thousand dollars ($1,500,000) by June 30, 2020.

27

     SECTION 18. This article shall take effect upon passage.

28

ARTICLE 2

29

RELATING TO STATE FUNDS

30

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

31

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

32

     5-20.7-15. Fees.

33

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

34

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

 

LC000763 - Page 38 of 541

1

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

2

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

3

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

4

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

5

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

6

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

7

the department of business regulation.

8

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

9

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

10

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

11

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

12

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

13

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

14

director and established by regulation.

15

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

16

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

17

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

18

with appraisal management company registration and operations. The restricted receipt account

19

will be included in the budget of the department of business regulation.

20

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

21

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

22

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

23

same provisions as the initial registration.

24

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

25

renewal and establish administrative procedures for processing applications and issuing and

26

renewing registrations.

27

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

28

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

29

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

30

to the Federal Financial Institutions Examinations Council.

31

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

32

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

33

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

34

the Federal Financial Institutions Examination Council or its successor entity.

 

LC000763 - Page 39 of 541

1

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

2

Postsecondary Education" is hereby amended to read as follows:

3

     16-59-6. Commissioner of postsecondary education.

4

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

5

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

6

provided that his or her initial engagement by the council shall be for a period of not more than

7

three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of

8

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

9

The position of commissioner shall be in the unclassified service of the state and he or she shall

10

serve as the chief executive officer of the council on postsecondary education, the chief

11

administrative officer of the office of postsecondary commissioner, and the executive director of

12

the division of higher education assistance. The commissioner of postsecondary education shall

13

have any duties that are defined in this section and in this title and other additional duties as may

14

be determined by the council, and shall perform any other duties as may be vested in him or her

15

by law. In addition to these duties and general supervision of the office of postsecondary

16

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

17

the duty of the commissioner of postsecondary education:

18

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

19

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

20

that information relates to current and future educational needs.

21

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

22

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

23

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

24

activities of the independent higher education sector where feasible.

25

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

26

the board of education's and council's determinations.

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

LC000763 - Page 40 of 541

1

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

2

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

3

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

4

higher educational budget.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

that may be assigned by the council.

16

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

17

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

18

laws that affect independent higher education in the state.

19

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

20

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

21

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

22

with law.

23

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

24

colleges and universities.

25

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

26

postsecondary education through the office of postsecondary commissioner and through

27

utilization of the resources of the public institutions of higher learning.

28

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

29

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

30

applications to voluntarily participate in such agreements from postsecondary institutions that

31

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

32

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

33

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

34

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

 

LC000763 - Page 41 of 541

1

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

2

related to interstate reciprocity agreements regarding the provision of postsecondary distance

3

education. The restricted receipt account will be included in the budget of the office of the

4

postsecondary commissioner.

5

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

6

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

7

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

8

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

9

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

10

set forth under the terms of chapter 57 of this title.

11

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

12

of Health" is hereby amended to read as follows:

13

     23-1-20. Compliance order.

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

follows:

33

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

34

development fund.

 

LC000763 - Page 42 of 541

1

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

2

technology and infrastructure development fund to be administered by the director of the

3

department of health for the purpose of promoting the development and adoption of healthcare

4

information technologies designed to improve the quality, safety and efficiency of healthcare

5

services and the security of individual patient data.

6

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

7

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

8

state's healthcare information technology infrastructure and to assist healthcare facilities and

9

health service providers in adopting healthcare information technologies shown to improve

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

information technology advisory committee, shall establish criteria for eligible healthcare

19

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

20

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

21

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

22

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

23

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

24

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

25

is hereby amended to read as follows:

26

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

27

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

28

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

29

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

30

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

31

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

32

department of administration for the payment of debt service. These indirect cost recoveries shall

33

be applied to all accounts, unless prohibited by federal law or regulation, court order, or court

34

settlement. The following restricted receipt accounts shall not be subject to the provisions of this

 

LC000763 - Page 43 of 541

1

section:

2

     Executive Office of Health and Human Services

3

     Organ Transplant Fund

4

     HIV Care Grant Drug Rebates

5

     Medical Marijuana Licensing

6

     Adult Use Marijuana Licensing

7

     Industrial Hemp Licensing

8

     Health System Transformation Project

9

     Department of Human Services

10

     Veterans' home -- Restricted account

11

     Veterans' home -- Resident benefits

12

     Pharmaceutical Rebates Account

13

     Demand Side Management Grants

14

     Veteran's Cemetery Memorial Fund

15

     Donations -- New Veterans' Home Construction

16

     Department of Health

17

     Pandemic medications and equipment account

18

     Miscellaneous Donations/Grants from Non-Profits

19

     State Loan Repayment Match

20

     Adult Use Marijuana Licensing Program

21

     Adult Use Marijuana Licensing

22

     Industrial Hemp Licensing

23

     Medical Marijuana Patient Licenses

24

     Healthcare Information Technology

25

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

26

     Eleanor Slater non-Medicaid third-party payor account

27

     Hospital Medicare Part D Receipts

28

     RICLAS Group Home Operations

29

     Commission on the Deaf and Hard of Hearing

30

     Emergency and public communication access account

31

     Department of Environmental Management

32

     National heritage revolving fund

33

     Environmental response fund II

34

     Underground storage tanks registration fees

 

LC000763 - Page 44 of 541

1

     De Coppett Estate Fund

2

     Rhode Island Historical Preservation and Heritage Commission

3

     Historic preservation revolving loan fund

4

     Historic Preservation loan fund -- Interest revenue

5

     Department of Public Safety

6

     Forfeited property -- Retained

7

     Forfeitures -- Federal

8

     Forfeited property -- Gambling

9

     Donation -- Polygraph and Law Enforcement Training

10

     Rhode Island State Firefighter's League Training Account

11

     Fire Academy Training Fees Account

12

     Industrial Hemp Licensing Program

13

     Medical Marijuana Licensing Program

14

     Adult Use Marijuana Licensing Program

15

     Attorney General

16

     Forfeiture of property

17

     Federal forfeitures

18

     Attorney General multi-state account

19

     Forfeited property -- Gambling

20

     Department of Administration

21

     OER Reconciliation Funding

22

     RI Health Benefits Exchange

23

     Information Technology Investment Fund

24

     Restore and replacement -- Insurance coverage

25

     Convention Center Authority rental payments

26

     Investment Receipts -- TANS

27

     OPEB System Restricted Receipt Account

28

     Car Rental Tax/Surcharge-Warwick Share

29

     Executive Office of Commerce

30

     Housing Resources Commission Restricted Account

31

     Department of Revenue

32

     DMV Modernization Project

33

     Jobs Tax Credit Redemption Fund

34

     Marijuana Cash Use Surcharge

 

LC000763 - Page 45 of 541

1

     Industrial Hemp Licensing

2

     Adult Use Marijuana Licensing

3

     Medical Marijuana Licensing

4

     Legislature

5

     Audit of federal assisted programs

6

     Department of Children, Youth and Families

7

     Children's Trust Accounts -- SSI

8

     Military Staff

9

     RI Military Family Relief Fund

10

     RI National Guard Counterdrug Program

11

     Treasury

12

     Admin. Expenses -- State Retirement System

13

     Retirement -- Treasury Investment Options

14

     Defined Contribution -- Administration - RR

15

     Violent Crimes Compensation -- Refunds

16

     Treasury Research Fellowship

17

     Business Regulation

18

     Banking Division Reimbursement Account

19

     Office of the Health Insurance Commissioner Reimbursement Account

20

     Securities Division Reimbursement Account

21

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

22

     Insurance Division Reimbursement Account

23

     Historic Preservation Tax Credit Account

24

     Industrial Hemp Licensing

25

     Adult Use Marijuana Licensing

26

     Medical Marijuana Licensing

27

     Judiciary

28

     Arbitration Fund Restricted Receipt Account

29

     Third-Party Grants

30

     RI Judiciary Technology Surcharge Account

31

     Department of Elementary and Secondary Education

32

     Statewide Student Transportation Services Account

33

     School for the Deaf Fee-for-Service Account

34

     School for the Deaf -- School Breakfast and Lunch Program

 

LC000763 - Page 46 of 541

1

     Davies Career and Technical School Local Education Aid Account

2

     Davies -- National School Breakfast & Lunch Program

3

     School Construction Services

4

     Office of the Postsecondary Commissioner

5

     Higher Education and Industry Center

6

     State Authorization Reciprocity Agreement (SARA)

7

     Department of Labor and Training

8

     Job Development Fund

9

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

10

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

11

     42-7.2-10. Appropriations and disbursements.

12

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

13

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

14

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

15

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

16

or her of proper vouchers approved by the secretary of the executive office of health and human

17

services, or his or her designee.

18

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

19

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

20

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

21

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

22

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

23

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

24

office of health and human services.

25

     SECTION 8. This article shall take effect upon passage.

26

ARTICLE 3

27

RELATING TO GOVERNMENT REFORM

28

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

29

"Warwick Airport Parking District" are hereby amended to read as follows:

30

     1-6-1. Definitions.

31

     As used in this chapter:

32

     (1) "Administrator" means the state tax administrator.

33

     (2) "District" means the Warwick airport parking district, being the district that runs from

34

a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state

 

LC000763 - Page 47 of 541

1

airport, and westerly along Main Avenue to a point one-third (1/3) mile west of the intersection of

2

Main Avenue with Post Road; turning thence northerly running along a line parallel to and one-

3

third (1/3) mile west of Post Road to a point one mile north of the line of Airport Road; thence

4

turning east running along a line parallel to and one-third (1/3) mile north of the line of Airport

5

Road to Warwick Avenue; thence turning south along Warwick Avenue to Airport Road; thence

6

turning west along Airport Road to the boundary of T.F. Green state airport; thence running

7

southerly along the boundary of T.F. Green state airport to the point of beginning. If any parking

8

facility (including entrances, driveways, or private access roads) is constructed partly within the

9

district as so defined, the entire facility shall be treated as though within the district.

10

     (3) "Operator" means any person providing transient parking within the district.

11

     (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in

12

an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the

13

operator for transient parking during the period of a permit's effectiveness, but not more than two

14

hundred fifty dollars ($250) for each permit.

15

     (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other

16

parking facility within the district for which a fee is collected by the operator, but excludes:

17

     (i) Parking for which the fee is charged and paid on a monthly or less frequent basis;

18

     (ii) Parking for any employee of the operator of the facility;

19

     (iii) Parking provided by any hotel or motel for registered guests;

20

     (iv) Parking provided by validation or having a validated rate, where the person providing

21

the validation does not maintain a place of business at T.F. Green state airport.

22

     (6) "Transient parking receipts" means the gross receipts collected by an operator

23

(excluding the surcharge imposed by this chapter) in consideration of the provision of transient

24

parking.

25

     1-6-3. Permits for parking operations in district.

26

     (a) Every person desiring to provide transient parking in the district shall file with the tax

27

administrator an application for a permit for each place of business where transient parking will

28

be provided. The application shall be in a form, include information, and bear any signatures that

29

the tax administrator may require. There shall be no fee for this permit. At the time of making an

30

application, the applicant shall pay to the tax administrator the permit fee. Every permit issued

31

under this chapter shall expire on June 30 of each year. Every permit holder desiring to renew a

32

permit shall annually, on or before February 1 of each year, apply for renewal of its permit and

33

file with it the appropriate permit fee. The renewal permit shall be valid for the period of July 1 of

34

that calendar year through June 30 of the subsequent calendar year, unless sooner canceled,

 

LC000763 - Page 48 of 541

1

suspended, or revoked. Upon receipt of the required application and permit fee, the tax

2

administrator shall issue to the applicant a permit. Provided, that if the applicant, at the time of

3

making the application, owes any fee, surcharge, penalty, or interest imposed under the authority

4

of this chapter, the applicant shall pay the amount owed. An operator whose permit has been

5

previously suspended or revoked shall pay to the tax administrator a permit fee for the renewal or

6

issuance of a permit.

7

     (b) Whenever any person fails to comply with any provision of this chapter, the tax

8

administrator upon hearing, after giving the person at least five (5) days notice in writing,

9

specifying the time and place of hearing and requiring the person to show cause why his or her

10

permit or permits should not be revoked, may revoke or suspend any one or more of the permits

11

held by the person. The notice may be served personally or by mail. The tax administrator shall

12

not issue a new permit after the revocation of a permit unless the administrator is satisfied that the

13

former holder of the permit will comply with the provisions of the ordinance.

14

     (c) The superior court of this state has jurisdiction to restrain and enjoin any person from

15

engaging in business as an operator of a transient parking facility in the district without a parking

16

operator's permit or permits or after a transient parking facility operator's permit has been

17

suspended or revoked. The tax administrator may institute proceedings to prevent and restrain

18

violations of this chapter. In any proceeding instituted under this section, proof that a person

19

continues to operate a transient parking facility from the location to which a revoked parking

20

operator's permit was assigned, is prima facie evidence that the person is engaging in business as

21

a parking operator without a parking operator's permit.

22

     (d) Permit fees collected under the authority of this section shall be deposited into the

23

general fund of the state.

24

     SECTION 2. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail

25

Licenses" is hereby amended to read as follows:

26

     3-7-14.2. Class P licenses -- Caterers.

27

     (a) A caterer licensed by the department of health and the division of taxation shall be

28

eligible to apply for a Class P license from the department of business regulation. The department

29

of business regulation is authorized to issue all caterers' licenses. The license will be valid

30

throughout this state as a state license and no further license will be required or tax imposed by

31

any city or town upon this alcoholic beverage privilege. Each caterer to which the license is

32

issued shall pay to the department of business regulation an annual fee of five hundred dollars

33

($500) for the license, and one dollar ($1.00) for each duplicate of the license, which fees are paid

34

into the state treasury. The department is authorized to promulgate rules and regulations for

 

LC000763 - Page 49 of 541

1

implementation of this license. In promulgating said rules, the department shall include, but is not

2

limited to, the following standards:

3

     (1) Proper identification will be required for individuals who look thirty (30) years old or

4

younger and who are ordering alcoholic beverages;

5

     (2) Only valid ID's as defined by these titles are acceptable;

6

     (3) An individual may not be served more than two (2) drinks at a time;

7

     (4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals;

8

     (5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period

9

per event;

10

     (6) Only a licensee, or its employees, may serve alcoholic beverages at the event;

11

     (7) The licensee will deliver and remove alcoholic beverages to the event; and

12

     (8) No shots or triple alcoholic drinks will be served.

13

     (b) Any bartender employed by the licensee shall be certified by a nationally recognized

14

alcohol beverage server training program.

15

     (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A

16

alcohol retail establishment located in the state, provided, however, any licensee who also holds a

17

Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase

18

alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred

19

dollars ($500) for this violation and shall be subject to license revocation. The provisions of this

20

section shall be enforced in accordance with this title.

21

     (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of

22

not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the

23

department of business regulation.

24

     SECTION 3. Sections 5-12-1 through 5-12-4 of Chapter 5-12 of the General Laws

25

entitled "Hide and Leather Inspection" are hereby repealed.

26

     5-12-1. Town and city inspectors.

27

     There may be annually elected by the town councils of the several towns and by the city

28

councils of Providence and Newport an officer to be denominated "inspector of hides and

29

leather", who shall be sworn to the faithful discharge of his or her duties.

30

     5-12-2. Inspection and stamping of hides and leather.

31

     City and town inspectors of hides and leather shall examine and inspect all hides and

32

leather which they may be called upon to inspect, within their towns or cities, and stamp upon the

33

inspected hides or leather their quality, as rated in the hides and leather trade, together with the

34

name of the inspector and date of inspection.

 

LC000763 - Page 50 of 541

1

     5-12-3. Inspection fees.

2

     The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each hour

3

actually employed, paid by the person employing him or her; provided, that not more than five (5)

4

hours shall be paid for by one employer for the same day.

5

     5-12-4. Misconduct by inspectors.

6

     Every inspector appointed under the provisions of this chapter who willfully stamps any

7

hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit and

8

pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to any

9

person injured from the action.

10

     SECTION 4. Sections 5-65-1, 5-65-3, 5-65-7.1, 5-65-10, 5-65-15, 5-65-15.1 and 5-65-20

11

of the General Laws in Chapter 5-65 entitled "Contractors' Registration and Licensing Board" are

12

hereby amended to read as follows:

13

     5-65-1. Definitions.

14

     As used in this chapter:

15

     (1) "Board" means the contractors' registration and licensing board established pursuant

16

to the provisions of § 5-65-14 or its designees.

17

     (2) "Claim for retainage" means an allegation that a person seeking payment of retainage

18

breached the person's contract for the project; provided, however, that a "claim" related to a

19

project with a contract value of not less than two hundred fifty thousand dollars ($250,000) shall

20

be subject to the applicable dispute resolution procedure, notice, and other requirements in the

21

contract for construction.

22

     (3) "Commission" means the building code commission supportive of the contractors'

23

registration and licensing board.

24

     (4)(i) "Contractor" means a person who, in the pursuit of an independent business,

25

undertakes or offers to undertake or submits a bid, or for compensation and with or without the

26

intent to sell the structure arranges to construct, alter, repair, improve, move over public

27

highways, roads, or streets or demolish a structure or to perform any work in connection with the

28

construction, alteration, repair, improvement, moving over public highways, roads, or streets or

29

demolition of a structure, and the appurtenances thereto. For the purposes of this chapter,

30

"appurtenances" includes the installation, alteration, or repair of wells connected to a structure

31

consistent with chapter 13.2 of title 46. "Contractor" includes, but is not limited to, any person

32

who purchases or owns property and constructs, or for compensation arranges for the construction

33

of, one or more structures.

34

     (ii) A certificate of registration is necessary for each "business entity" regardless of the

 

LC000763 - Page 51 of 541

1

fact that each entity may be owned by the same individual.

2

     (5) "Contract for construction" means a contract for which a lien may be established

3

under chapter 28 of title 34 or for state or municipal public works projects as defined in title 37

4

on a project for which the person on whose contract with the project owner has an original

5

contract price of not less than two hundred fifty thousand dollars ($250,000); provided, however,

6

that "contract for construction" shall not include a project containing, or designed to contain, at

7

least one, but not more than four (4), dwelling units.

8

     (6) "Deliverable" means a project close-out document that shall be submitted by the

9

person seeking payment of retainage under the person's contract for construction; provided,

10

however, that a lien waiver or release, which is a deliverable, shall comply with chapter 28 of title

11

34; provided, further, that "deliverable" shall not include any document affirming, certifying, or

12

confirming completion or correction of labor, materials, or other items furnished or incomplete or

13

defective work.

14

     (7) "Dwelling unit" means a single unit providing complete independent living facilities

15

for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

16

sanitation.

17

     (8) "Hearing officer" means a person designated by the executive director director of the

18

department of business regulation or the director’s designee to hear contested claims or cases,

19

contested enforcement proceedings, and contested administrative fines, in accordance with the

20

"administrative procedures act", chapter 35 of title 42.

21

     (9) "Incomplete or defective work" means labor, materials, or any other item required for

22

full performance by a person seeking payment of retainage that remains to be furnished by the

23

person under the person's contract for construction or that has been furnished by the person but

24

requires correction, repair, further completion, revision, or replacement; provided, however, that

25

"incomplete or defective work" shall not include deliverables or labor, materials, or any other

26

item to be repaired or replaced after substantial or final completion pursuant to a warranty,

27

guarantee, or other contractual obligation to correct defective work after substantial or final

28

completion.

29

     (10) "Monetary damages" means the dollar amount required in excess of the contract

30

amount necessary to provide the claimant with what was agreed to be provided under the terms of

31

the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

32

awards and restitution.

33

     (11) "Person" means any natural person, joint venture, partnership, corporation, or other

34

business or legal entity who or that enters into a contract for construction.

 

LC000763 - Page 52 of 541

1

     (12) "Prime contractor" means a person who or that enters into a contract for construction

2

with the project owner.

3

     (13) "Retainage" means a portion or percentage of a payment due pursuant to a contract

4

for construction that is withheld to ensure full performance of the contract for construction.

5

     (14) "Staff" means the executive director for the contractors' registration and licensing

6

board, and any other staff necessary to carry out the powers, functions, and duties of the board

7

including inspectors, hearing officers, and other supportive staff.

8

     (15) "State" means the state of Rhode Island.

9

     (16) "Structure" means (i) Any commercial building; or (ii) Any building containing one

10

or more residences and their appurtenances. The board's dispute resolution process shall apply

11

only to residential structures containing dwelling units, as defined in the state building code, or

12

residential portions of other types of buildings without regard to how many units any structure

13

may contain. The board retains jurisdiction and may conduct hearings regarding violations

14

against all contractors required to be registered or licensed by the board.

15

     (17) "Substantially" means any violation that affects the health, safety, and welfare of the

16

general public.

17

     (18) "Substantial completion" means the stage in the progress of the project when the

18

work required by the contract for construction with the project owner is sufficiently complete in

19

accordance with the contract for construction so that the project owner may occupy or utilize the

20

work for its intended use; provided, further, that "substantial completion" may apply to the entire

21

project or a phase of the entire project if the contract for construction with the project owner

22

expressly permits substantial completion to apply to defined phases of the project.

23

     5-65-3. Registration for work on a structure required of contractor -- Issuance of

24

building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

25

as a contractor -- Duties of contractors.

26

     (a) A person shall not undertake, offer to undertake, or submit a bid to do work as a

27

contractor on a structure or arrange to have work done unless that person has a current, valid

28

certificate of registration for all construction work issued by the board. A partnership,

29

corporation, or joint venture may do the work; offer to undertake the work; or submit a bid to do

30

the work only if that partnership, corporation, or joint venture is registered for the work. In the

31

case of registration by a corporation or partnership, an individual shall be designated to be

32

responsible for the corporation's or partnership's work. The corporation or partnership and its

33

designee shall be jointly and severally liable for the payment of the registration fee, as required in

34

this chapter, and for violations of any provisions of this chapter. Disciplinary action taken on a

 

LC000763 - Page 53 of 541

1

registration held by a corporation, partnership, or sole proprietor may affect other registrations

2

held by the same corporation, partnership, or sole proprietorship, and may preclude future

3

registration by the principal of that business entity.

4

     (b) A registered partnership or corporation shall notify the board in writing immediately

5

upon any change in partners or corporate officers.

6

     (c) A city, town, or the state shall not issue a building permit to anyone required to be

7

registered under this chapter who does not have a current, valid certificate of registration

8

identification card or valid license that shall be presented at the time of issuance of a permit and

9

shall become a condition of a valid permit. Each city, town, or the state that requires the issuance

10

of a permit as a condition precedent to construction, alteration, improvement, demolition,

11

movement, or repair of any building or structure or the appurtenance to the structure shall also

12

require that each applicant for the permit file, as a condition to issuing the permit, a written

13

affidavit subject to the penalties of perjury, subscribed by the applicant, that the applicant is

14

registered under the provisions of this chapter, giving the number of the registration and stating

15

that the registration is in full force and effect, or, if the applicant is exempt from the provisions of

16

this chapter, listing the basis for the exemption. The city, town, or the state shall list the

17

contractor's registration number on the permit obtained by that contractor, and if a homeowner is

18

issued a permit, the building inspector or official must ascertain registration numbers of each

19

contractor on the premises and shall inform the registration board of any non-registered

20

contractors performing work at the site.

21

     (d) Every city and town that requires the issuance of a business license as a condition

22

precedent to engaging, within the city or town, in a business that is subject to regulation under

23

this chapter, shall require that each licensee and each applicant for issuance or renewal of the

24

license file, or has on file, with the city or town a signed statement that the licensee or applicant is

25

registered under the provisions of this chapter and stating that the registration is in full force and

26

effect.

27

     (e) It shall be prima facie evidence of doing business as a contractor when a person for

28

that person's own use performs, employs others to perform, or for compensation and with the

29

intent to sell the structure, arranges to have performed any work described in § 5-65-1(4) if within

30

any one twelve-month (12) period that person offers for sale one or more structures on which that

31

work was performed.

32

     (f) Registration under this chapter shall be prima facie evidence that the registrant

33

conducts a separate, independent business.

34

     (g) The provisions of this chapter shall be exclusive and no city or town shall require or

 

LC000763 - Page 54 of 541

1

shall issue any registrations or licenses nor charge any fee for the regulatory registration of any

2

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

3

of any city or town to license and levy and collect a general and nondiscriminatory license fee

4

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

5

city or town's jurisdiction, if permitted under the laws of the state.

6

     (h)(1) Every contractor shall maintain a list that shall include the following information

7

about all subcontractors or other contractors performing work on a structure for that contractor:

8

     (i) Names and addresses; and

9

     (ii) Registration numbers or other license numbers.

10

     (2) The list referred to in subsection (h)(1) of this section shall be delivered to the board

11

within twenty-four (24) hours after a request is made during reasonable working hours, or a fine

12

of twenty-five dollars ($25.00) may be imposed for each offense.

13

     (i) The following subcontractors who are not employees of a registered contractor must

14

obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish

15

carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including

16

concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation

17

installers; (8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers,

18

both above ground and in ground; (11) Masons, including chimney installers, fireplace installers,

19

and general masonry erectors. This list is not all inclusive and shall not be limited to the above-

20

referenced contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2

21

shall be required to register, provided that said work is performed under the purview of that

22

license.

23

     (j) A contractor including, but not limited to, a general contractor, shall not hire any

24

subcontractor or other contractor to work on a structure unless the contractor is registered under

25

this chapter or exempt from registration under the provisions of § 5-65-2.

26

     (k) A summary of this chapter, prepared by the board and provided at cost to all

27

registered contractors, shall be delivered by the contractor to the owner when the contractor

28

begins work on a structure; failure to comply may result in a fine.

29

     (l) The registration number of each contractor shall appear in any advertising by that

30

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

31

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

32

advertisements. The violations could result in a penalty being assessed by the board per

33

administrative procedures established.

34

     (i) The board may publish, revoke, or suspend registrations and the date the registration

 

LC000763 - Page 55 of 541

1

was suspended or revoked on a quarterly basis.

2

     (ii) Use of the word "license" in any form of advertising when only registered may

3

subject the registrant or those required to be registered to a fine of one hundred dollars ($100) for

4

each offense at the discretion of the board.

5

     (m) The contractor must see that permits required by the state building code are secured

6

on behalf of the owner prior to commencing the work involved. The contractor's registration

7

number must be affixed to the permit as required by the state building code.

8

     (n) The board may assess an interest penalty of twelve percent (12%) annually when a

9

monetary award is ordered by the board.

10

     (o) All work performed, including labor and materials, in excess of one thousand dollars

11

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

12

subsection shall include a location on or near the signature line location on or in which the parties

13

to the contract shall initial to evidence the receipt of certain consumer education materials or

14

information approved and provided by the board to the contractor. The educational materials

15

and/or information shall include, but not be limited to, the following notice and shall be provided

16

by the contractor to the homeowner:

17

NOTICE OF POSSIBLE MECHANIC'S LIEN

18

     To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.

19

     The undersigned is about to perform work and/or furnish materials for the construction,

20

erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you.

21

This is a notice that the undersigned and any other persons who provide labor and materials for

22

the improvement under contract with the undersigned may file a mechanic's lien upon the land in

23

the event of nonpayment to them. It is your responsibility to assure yourself that those other

24

persons under contract with the undersigned receive payment for their work performed and

25

materials furnished for the construction, erection, alteration or repair upon the land. Failure to

26

adhere to the provisions of this subsection may result in a one-thousand-dollar ($1,000) fine

27

against the contractor and shall not affect the right of any other person performing work or

28

furnishing materials of claiming a lien pursuant to chapter 28 of title 34. However, such person

29

failing to provide such notice shall indemnify and hold harmless any owner, lessee or tenant, or

30

owner of less than the fee simple from any payment or costs incurred on account of any liens

31

claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less

32

than the fee simple shall not have paid such person.

33

     (p) Contracts entered into must contain notice of right of rescission as stipulated in all

34

pertinent Rhode Island consumer protection laws and/or § 5-65-27 if applicable.

 

LC000763 - Page 56 of 541

1

     (q) The contractor must stipulate whether or not all the proper insurances are in effect for

2

each job contracted.

3

     (r) Contractors who are in compliance with the provisions of this subsection shall be

4

exempt from the requirements of § 34-28-4.1.

5

     (s) In addition to the requirements of this chapter, contractors engaged in well drilling

6

activities shall also be subject to regulations pertaining to licensing and registration promulgated

7

by the contractors' registration and licensing board pursuant to chapter 65.2 of this title and § 46-

8

13.2-4.

9

     5-65-7.1. Notice of cancellation or failure to renew policies.

10

     Upon the cancellation or failure to renew, the insurance company having written a

11

liability policy, as described in § 5-65-7, shall notify the director of the contractors' registration

12

and licensing board of the cancellation or failure to renew. The policy shall continue in effect

13

until ten (10) days after written notice of the cancellation is given to the director of the

14

contractors' registration and licensing board of the cancellation or termination of the liability

15

policy by the issuing insurance company or companies in addition to any other notices which may

16

be required by law. Any insurance company that fails to notify the director contractors’

17

registration and licensing board, as required in this section shall be subject to prosecution for a

18

misdemeanor and upon conviction of that offense may be punished by a fine of not more than two

19

hundred fifty dollars ($250) for each offense and shall be responsible for any claims, fines or

20

penalties from any parties resulting from lack of notice. All criminal actions for any violation of

21

this section shall be prosecuted by the attorney general. The attorney general shall prosecute

22

actions to enforce the payment penalties and fines at the request of the director of the department

23

of business regulation or the director’s designee.

24

     5-65-10. Grounds for discipline -- Injunctions.

25

     (a) The board or commission may revoke, suspend, or refuse to issue, reinstate, or reissue

26

a certificate of registration if the board or commission determines after notice and opportunity for

27

a hearing:

28

     (1) That the registrant or applicant has violated § 5-65-3.

29

     (2) That the insurance required by § 5-65-7 is not currently in effect.

30

     (3) That the registrant, licensee or applicant has engaged in conduct as a contractor that is

31

dishonest or fraudulent that the board finds injurious to the welfare of the public.

32

     (4) Has violated a rule or order of the board.

33

     (5) That the registrant has knowingly assisted an unregistered person to act in violation of

34

this chapter.

 

LC000763 - Page 57 of 541

1

     (6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant

2

or applicant wrongfully failed to perform a contractual duty to pay money to the person claiming

3

the lien.

4

     (7) That the registrant has substantially violated state or local building codes.

5

     (8) That the registrant has made false or fraudulent statements on his or her application.

6

     (9) That a registrant has engaged in repeated acts in violation of this chapter and the

7

board's rules and regulations inclusive of substandard workmanship and any misuse of

8

registration.

9

     (10) The board may take disciplinary action against a contractor who performed work or

10

arranged to perform, while the registration was suspended, invalidated or revoked. Deposits

11

received by a contractor and ordered returned are not considered a monetary award when no

12

services or supplies have been received.

13

     (11) That the registrant breached a contract.

14

     (12) That the registrant performed negligent and/or improper work.

15

     (13) That the registrant has advertised with a license number instead of using a

16

registration number.

17

     (14) That the registrant has failed to complete a project(s) for construction or a willful

18

failure to comply with the terms of a contract or written warranty.

19

     (15) That the registrant has misrepresented his registration status as valid when said

20

registration is suspended, revoked, invalidated, inactive or unregistered as required by the board.

21

     (16) That the registrant has failed to pay a fine or comply with any order issued by the

22

board.

23

     (17) That the registrant has failed to obtain or maintain the required continuing

24

education/units required by the board, or failed to sign the affidavit statement required by the

25

board for registration or renewal.

26

     (18) When a violation for hiring a non-registered contractor, working as a non-registered

27

contractor, or not maintaining the insurance required is issued, the registration may become

28

invalidated until the violation is resolved or hearing is requested on this offense.

29

     (19) That the registrant has violated any of the provisions of chapters 25-3, 28-3, 28-12,

30

28-14, 28-36, 28-50, and/or 37-13. A finding that the registrant has violated any of those chapters

31

shall not be grounds for imposition of a monetary penalty under subsection (c) below.

32

     (b) In addition to all other remedies, when it appears to the board that a person has

33

engaged in, or is engaging in, any act, practice or transaction which violates the provisions of this

34

chapter, the board may direct the attorney general to apply to the court for an injunction

 

LC000763 - Page 58 of 541

1

restraining the person from violating the provisions of this chapter. An injunction shall not be

2

issued for failure to maintain the list provided for in § 5-65-3(h) unless the court determines that

3

the failure is intentional.

4

     (c)(1) For each first violation of a particular section of this chapter or any rule or

5

regulation promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be

6

imposed after a hearing by the board. Provided, further, that the board at its discretion may, after

7

a hearing, impose an additional fine up to but not to exceed the face value of the contract or the

8

actual damages caused by the contractor, whichever shall be greater. Where the claim is for actual

9

damages the board shall require proof satisfactory to the board indicating said damages. Where

10

corrective work is completed as ordered by the board, the fine assessed may be reduced as

11

determined by the board. Fines and decisions on claims or violations inclusive of monetary

12

awards can be imposed against registered as well as contractors required to be registered by the

13

board.

14

     (2) For each subsequent violation of a particular subsection of this chapter or of a rule or

15

regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be

16

imposed after a hearing by the board. All fines collected by the board shall be deposited as

17

general revenues until June 30, 2008 to be used to enforce the provisions of this chapter.

18

Beginning July 1, 2008, all fines collected by the board shall be deposited into a restricted receipt

19

account to be used to enforce the provisions of this chapter.

20

     (3) For the first violation of § 5-65-3, only for non-registered contractors, a fine of up to

21

five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each

22

subsequent offense shall be imposed.

23

     (d) The hearing officer, upon rendering a conclusion may require the registrant, in lieu of

24

a fine, to attend continuing education courses as appropriate. Failure to adhere to the requirement

25

could result in immediate revocation of registration.

26

     (e) The expiration of a registration by operation of law or by order or decision of the

27

board or a court, or the voluntary surrender of registration by the registrant, does not deprive the

28

board of jurisdiction, an action or disciplinary proceeding against the registrant or to render a

29

decision suspending or revoking a registration.

30

     (f) In emergency situations, when a registrant is acting to the detriment of the health,

31

welfare and safety of the general public, the board's executive director of the department of

32

business regulation or the director’s designee may revoke or suspend a registration without a

33

hearing for just cause for a period of thirty (30) days.

34

     (g) A registrant may petition the board to partially or completely expunge his or her

 

LC000763 - Page 59 of 541

1

record provided that notice of said expungement proceedings has been provided to the claimant

2

who was the subject of the violation. For purposes of this subsection "notice" shall consist of a

3

mailing to the last known address of the claimant and need not be actual notice.

4

     (h) Any person or contractor, registered or not, who uses another contractor's registration,

5

contractor's registration identification card, or allows another person to use their contractor's

6

registration fraudulently in any way, will be subject to a fine not exceeding ten thousand dollars

7

($10,000).

8

     (i) When the use of fraudulent advertising entices an individual to hire an unregistered

9

contractor, a fine of up to ten thousand dollars ($10,000) may be imposed by the board.

10

     (j) It shall be unlawful to retain a social security number or copy of the driver's license

11

from a registrant by a building official as a condition of obtaining a permit.

12

     (k) The board is further authorized upon certain findings or violations to:

13

     (1) Put a lien on property held by a contractor.

14

     (2) Take action on registrant when the continuing education requirements have failed to

15

be attained as required in rules and regulations.

16

     (3) When upon investigation a complaint reveals: serious code infractions; unsatisfied

17

mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or

18

any other conduct detrimental to the public, the board can double the fines.

19

     (4) Suspend, revoke or refuse to issue, reinstate or reissue a certificate of registration to

20

any registrant who has contracted, advertised, offered to contract or submitted a bid when the

21

contractor's registration is suspended, revoked, invalidated or inactive or unregistered as required

22

by the board.

23

     (l) No person shall register as a contractor with the contractors' registration board for the

24

purpose of deceiving or circumventing the registration process by enabling a person whose

25

registration has been suspended or revoked to conduct business. Provided, further, that any person

26

who, in good faith relies on the board or the contractor's registration website for information

27

regarding registration status of another shall be exempt from violations pursuant to this section if

28

the information is not correct. Violators of this section shall be jointly and individually liable for

29

damages resulting from their activities as contractors pursuant to this chapter. Violations of this

30

subsection may result in a revocation of registration and/or fines not to exceed ten thousand

31

dollars ($10,000) and/or up to one year in jail. Furthermore, the director of the department of

32

business regulation or the director’s designee shall require that all applicants for registration shall

33

swear by way of affidavit sign a statement that they are aware of this provision and its

34

implications.

 

LC000763 - Page 60 of 541

1

     (m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by

2

the department of labor and training, consent agreement, or court order that a registered

3

contractor violated any of the provisions of chapters 25-3, 28-3, 28-12, 28-14, 28-36, 28-50,

4

and/or 37-13 and owes any wages, benefits or other sums arising out of such violation, the board

5

shall immediately suspend the contractor's registration of such contractor in accordance with this

6

subsection. The suspension shall continue until all wages, benefits, or other sums owed have been

7

paid or the contractor has entered into a written, binding agreement to pay the same acceptable to

8

the department of labor and training and is not in default in payment under such agreement. If the

9

contractor fails to remain current in payment under any such agreement, the department of labor

10

and training shall notify the contractors' registration board and the suspension shall be imposed or

11

reinstated as the case may be. The foregoing sanction is mandatory, but shall not be grounds for

12

imposition of a monetary penalty under subsection (c) above.

13

     (n) When the registration of a contractor has been revoked or suspended, neither the

14

contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same

15

principals or officers as the partnership, limited partnership, limited liability partnership, joint

16

venture, limited liability company, corporation, or sole proprietorship as the subject contractor;

17

and (2) Is engaged in the same or equivalent trade or activity shall be qualified to register or

18

retain a registration as a contractor under this chapter, unless and until the board shall determine

19

that the basis of the revocation or suspension has been satisfied or removed and that the registrant

20

or applicant otherwise satisfies the requirements for registration under this chapter.

21

Notwithstanding the foregoing, a natural person may obtain relief from the application and

22

enforcement of this subsection as to him or her, if he or she can establish that he or she was not

23

responsible for, and did not acquiesce to the misconduct which is the basis of the revocation,

24

suspension or denial of registration.

25

     5-65-15. Officers -- Quorum -- Compensation and expenses.

26

     (a) The board shall select from among its members a chairperson, a vice chairperson and

27

any other officers for the terms and with the duties and powers necessary for the performance of

28

their duties that the board determines.

29

     (b) A majority of the members of the board shall constitute a quorum for the transaction

30

of business.

31

     (c) The board shall have an executive director a member of staff who shall attend all

32

meetings and shall direct the conduct of any investigation which may be necessary in the

33

preparation of any hearing. The executive director shall be a member of the classified service on

34

the staff of the state building commissioner and shall be compensated as appropriate for the

 

LC000763 - Page 61 of 541

1

required expertise.

2

     5-65-15.1. Staff.

3

     (a) The state building code commission shall provide the board with appropriate staff,

4

including hearing officials and investigators, who shall perform their duties under the

5

administrative supervision of the executive director of the department of business regulation or

6

the director’s designee.

7

     (b) The board may delegate the powers, functions and duties to the provided staff.

8

     5-65-20. Administrative hearings.

9

     (a) Contested claims or cases, contested enforcement proceedings, and contested

10

administrative fines shall be heard, in accordance with the Administrative Procedures Act,

11

chapter 35 of title 42, and the administrative regulations promulgated by the board, by the

12

hearings officer(s) assigned by the executive director of the department of business regulation or

13

the director’s designee of the board.

14

     (b) The board has jurisdiction to hear appeals from decisions of the hearing officer(s),

15

and may by regulation impose a filing fee, not to exceed twenty dollars ($20.00), for any appeal.

16

     (c) Notwithstanding the preceding, the executive director of the department of business

17

regulation or the director’s designee for the board is authorized to resolve contested enforcement

18

or claim proceedings through informal disposition pursuant to regulations promulgated by the

19

board.

20

     SECTION 5. Section 5-65.2-3 of the General Laws in Chapter 5-65.2 entitled "Rhode

21

Island Well-Drilling, Pump Installers, and Water-Filtration Contractors Licensing Law" is hereby

22

amended to read as follows:

23

     5-65.2-3. Licensing procedure.

24

     (a) In addition to the provisions of chapter 65 of title 5, the contractors' registration and

25

licensing board is authorized to establish a program to license well-drilling contractors, pump

26

installers, water-filtration/treatment-system contractors, and water-filtration/treatment-system

27

installers to ensure persons performing well-drilling work, pump installation, and residential

28

water-filtration/treatment-system installation as properly qualified to conduct the work. On or

29

before January 1, 2017, the board shall promulgate regulations to establish a licensing program

30

that provides for appropriate categories of work to ensure proper qualifications pertaining to the

31

use of different equipment and approaches to construct, install, repair, alter, or remove wells, well

32

pumps, water-supply systems, residential water-treatment/supply systems, and water-filtration

33

systems, and that will allow well-drilling contractors, pump installers, or residential water-

34

filtration/treatment-system contractors and residential water-filtration/treatment-system installers,

 

LC000763 - Page 62 of 541

1

as described herein, to fulfill the relevant requirements of chapter 65 of title 5 through the

2

licensing program. Upon promulgation of applicable regulations, the license issued by the board

3

to a contractor shall serve to fulfill the contractor registration requirements of chapter 65 of title

4

5.

5

     (b) Pursuant to board regulations, all persons seeking to be licensed as a well-drilling

6

contractor, pump installer, residential water-filtration/treatment-system contractor, or residential

7

water-filtration/treatment-system installer as defined herein shall submit an application to the

8

contractors' registration and licensing board on the form or forms that the board requires. As

9

specified by the board, the application shall include the following information:

10

     (1) The name of the applicant;

11

     (2) The business address of the applicant;

12

     (3) The mailing address of the applicant;

13

     (4) The telephone number of the applicant;

14

     (5) Any registration number and/or other license numbers issued by the state, or any city

15

or town;

16

     (6) A statement of the skills, training, and experience of the applicant sufficient to ensure

17

public safety, health and welfare; and

18

     (7) Agent of service for out-of-state contractors.

19

     (c) To be eligible for licensure as a well-drilling contractor, pump installer, residential

20

water-filtration/treatment-system contractor, or residential water-filtration/treatment-system

21

installer, an applicant shall also fulfill the following requirements:

22

     (1) Be of good moral character;

23

     (3 2) Pass appropriate examinations approved or administered by the contractors'

24

registration and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and

25

has met all the requirements of the rules and regulations established by the board;

26

     (4 3) Be in good standing with the contractors' registration and licensing board;

27

     (4) Take five (5) hours continuing education per year as set forth and recognized by the

28

contractors' registration and licensing board.

29

     (d) The contractors' registration and licensing board is authorized to adopt rules and

30

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

31

effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which

32

will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be

33

structured not to exceed five thousand ($5,000) dollars per day, per offense for conduct injurious

34

to the welfare of the public, as well as those required pursuant to § 5-65-10.

 

LC000763 - Page 63 of 541

1

     (e) Any person applying for a license or registration and making any material

2

misstatement as to his or her experience or other qualifications, or any person, firm, or

3

corporation subscribing to or vouching for any misstatement, shall be subject to the discipline and

4

penalties provided in § 5-65-10.

5

     (f) No corporation, firm, association, or partnership shall engage in the business of well

6

drilling, pump installation, water-filtration/treatment-system contracting, or represent itself as a

7

well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, unless a

8

licensed well-drilling contractor, pump installer, or water-filtration/treatment-system contractor,

9

as provided in this chapter, is continuously engaged in the supervision of its well-drilling, pump-

10

installing, or water-filtration/treatment-system contracting work. If the license holder dies or

11

otherwise becomes incapacitated, the corporation, firm, or association shall be allowed to

12

continue to operate until the next examination shall be given or such times as the board shall see

13

fit. In no event, shall the corporation, firm, association, or partnership continue to operate longer

14

than twelve (12) months or in accordance with the board's established rules and regulations

15

without satisfying the license requirements of this chapter.

16

     (g) Those well-drilling contractors who were previously registered with the department of

17

environmental management, and remain in good standing as of December 31, 2012, and that were

18

previously exempted from fulfilling the testing requirements required for registration by the

19

department, shall also be exempt from the testing requirements set forth in this chapter.

20

     (h) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

21

fees required in this chapter, issue through the contractors' registration and licensing board a

22

residential water-filtration/treatment-system installer's license to any applicant who shall present

23

satisfactory evidence that they have the qualifications for the type of license applied for. After

24

January 1, 2018, in order to qualify for a residential water-filtration/treatment installer's license

25

the eligible individual shall be required to pass a written examination and show proof as required

26

by the contractors' registration and licensing board of their eligibility.

27

     (i) Satisfactory evidence shall be any of the following that is applicable:

28

     (1) The applicant must have been employed by a contractor registered with the

29

contractors' registration and licensing board to do business designating water-filtration/treatment-

30

system installation and/or service as a service provided for the previous one year and been

31

actively engaged in the installation and servicing of water-filtration/treatment systems during that

32

time period; or

33

     (2) Notarized confirmation Confirmation by three (3) water-filtration/treatment-system

34

contractors that the applicant has the requisite training and experience to be licensed under this

 

LC000763 - Page 64 of 541

1

act.

2

     (j) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

3

fees required in this chapter, issue through the contractors' registration and licensing board, a

4

residential water-filtration/treatment-system contractor's license to any applicant who shall

5

present satisfactory evidence that they have the qualifications for the type of license applied for.

6

After January 1, 2018, in order to qualify for a residential water-filtration/treatment contractor's

7

license, the eligible contractor shall be required to pass a written examination and show proof, as

8

required by the contractors' registration and licensing board, of their eligibility.

9

     (k) Satisfactory evidence shall be any of the following that is applicable:

10

     (1) The owner or owners of an enterprise must have been active in water filtration for the

11

previous two (2) years; or

12

     (2) The contractor has been previously registered with the contractors' registration and

13

licensing board to do business designating water-filtration/treatment system installation and/or

14

service as a provided service; or

15

     (3) Notarized confirmation Confirmation by three (3) water-filtration/treatment-system

16

contractors that the applicant has the requisite training and experience to be licensed under this

17

act.

18

     SECTION 6. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

19

Interpreters for the Deaf" is hereby amended to read as follows:

20

     5-71-8. Qualifications of applicants for licenses.

21

     (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,

22

the applicant must submit written evidence on forms furnished by the department, verified by

23

oath, that the applicant meets all of the following requirements:

24

     (1) Is of good moral character;

25

     (2) Meets the screened requirements as defined in regulations promulgated by the

26

department or meets the certification requirements set forth by RID or its successor agency

27

approved by the department in consultation with the board;

28

     (3) Pays the department a license fee as set forth in § 23-1-54;

29

     (4) Adheres to the National Association of the Deaf (NAD) and the Registry of

30

Interpreters for the Deaf, Inc., (RID) code of professional conduct; and

31

     (5) Provides verification of a background check with the bureau of criminal investigation

32

in the office of attorney general at the time of the initial application for license.

33

     (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

34

applicant must meet all of the requirements as described in subsection (a) and must further

 

LC000763 - Page 65 of 541

1

present proof of successful completion of the educational interpreter performance assessment

2

(EIPA), written and performance tests, or a similar test as approved by the board, at a

3

performance level established by the board.

4

     (c) An individual whose license, certification, permit, or equivalent form of permission

5

issued within another state has been revoked, suspended, or currently placed on probation shall

6

not be eligible for consideration for licensure unless they have first disclosed to the department

7

about such disciplinary actions.

8

     SECTION 7. Section 5-73-3 of the General Laws in Chapter 5-73 entitled "Roofing

9

Contractors" is hereby amended to read as follows:

10

     5-73-3. Registration and licensing of roofing contractors.

11

     (a) All roofing contractors, in addition to the requirements of chapter 65 of this title

12

entitled "Contractor's' Registration and Licensing Board", if applicable, prior to conducting

13

roofing business in the state of Rhode Island, shall first submit an application to and be licensed

14

by the contractors' registration and licensing board on the form or forms that the board requires.

15

The application shall include the following information:

16

     (1) The name of the applicant;

17

     (2) The business address of the applicant;

18

     (3) The mailing address of the applicant;

19

     (4) The telephone number of the applicant;

20

     (5) The name of the party or officer who shall be responsible for all roofing activities

21

conducted in the state of Rhode Island;

22

     (6) Any registration number and/or other license numbers issued by the state, or any city

23

or town; and

24

     (7) A statement of the skills, training and experience of the applicant sufficient to ensure

25

public safety, health and welfare.

26

     (b) Licensing requirements shall not apply to roofing contractors applying shingles only.

27

     (c) To be eligible for licensure as a roofing contractor an applicant shall also fulfill the

28

following requirements:

29

     (1) Be of good moral character;

30

     (2) Pass an examination approved or administered by the contractors' registration and

31

licensing board or has previously been registered as a commercial roofer in good standing and has

32

met all the requirements of the rules and regulations established by the board;

33

     (3) Be in good standing with the contractors' registration and licensing board;

34

     (4) All field personnel of the roofing contractor must have a current certificate of

 

LC000763 - Page 66 of 541

1

completion of the ten (10) hours OSHA safety course or equivalent thereof as determined by the

2

contractors' registration and licensing board;

3

     (5) (4)Take ten (10) hours continuing roofing education per year two-year licensing cycle

4

as set forth and recognized by the contractors' registration board;

5

     (6) Be bonded in the aggregate amount of the total dollar value of any contract entered

6

into to perform roofing work; single project in the amount of one hundred thousand dollars

7

($100,000) minimum; and

8

     (7) (5) Provide the board with an insurance certificate in the amount of one million five

9

hundred thousand dollars ($1,500,000) two million dollars ($2,000,000) per occurrence pursuant

10

to the established rules and regulations, with the board as the holder, from the date of issuance,

11

continuously.

12

     (d)(1) The contractors' registration and licensing board is authorized to adopt rules and

13

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

14

effectuate the purposes of this chapter.

15

     (2) Rules and regulations shall provide a fine schedule, which will establish grounds for

16

discipline for licensee holders or non-licensed contractors.

17

     (3) Fines shall be structured not to exceed five thousand dollars ($5,000) per day per

18

offense for conduct injurious to the welfare of the public as well as those required pursuant to § 5-

19

65-10.

20

     (e) Any person applying for a license or registration and making any material

21

misstatement as to his or her experience or other qualifications, or any person, firm, or

22

corporation subscribing to or vouching for any misstatement shall be subject to the discipline and

23

penalties provided in § 5-65-10.

24

     (f) No corporation, firm, association, or partnership shall engage in the business of

25

commercial roofing or represent itself as a commercial roofing contractor unless a licensed

26

commercial roofer as provided in this chapter is continuously engaged in the supervision of its

27

commercial roofing work, provided that the commercial roofer is a general partner or an officer

28

and shareholder in the firm or corporation. If the license holder dies or otherwise becomes

29

incapacitated, the corporation, firm, or association shall be allowed to continue to operate until

30

the next examination shall be given or such times as the board shall see fit. In no event, shall the

31

corporation, firm, association, or partnership continue to operate longer than twelve (12) months

32

or in accordance with the board's established rules and regulations without satisfying the license

33

requirements of this chapter. Those roofers who have been registered with the board on July 1,

34

2003 2015, and remain in good standing, shall be exempt from the testing requirements set forth

 

LC000763 - Page 67 of 541

1

in this chapter.

2

     (g) Complaints filed with the board shall be heard only in regard to those issues so

3

established in the rules and regulations.

4

     SECTION 8. Chapter 9-5 of the General Laws entitled "Writs, Summons and Process" is

5

hereby amended by adding thereto the following section:

6

     9-5-10.7. Penalties.

7

     Any constable who violates any of the provisions of this chapter or any regulations

8

promulgated hereunder pertaining to constables or any person who engages in activities requiring

9

certification as a constable without such certification shall be subject to payment of a civil penalty

10

not to exceed one thousand dollars ($1,000) for each violation.

11

     SECTION 9. Section 11-18-12 of the General Laws in Chapter 11-18 entitled "Fraud and

12

False Dealing" is hereby amended to read as follows:

13

     11-18-12. Injunction of false advertising.

14

     When it appears to the director of business regulation labor and training of the state of

15

Rhode Island that any person, firm, corporation, or association is violating any of the provisions

16

of § 11-18-10, the director of business regulation labor and training may cause to be instituted an

17

action, commenced in the name of the director of business regulation labor and training in his

18

capacity as director of business regulation labor and training, to enjoin the violation in the

19

superior court and the court shall have jurisdiction to enjoin and/or restrain any person, firm,

20

corporation or association from violating any of the provisions of § 11-18-10 without regard to

21

whether criminal proceedings have been or may be instituted.

22

     SECTION 10. Section 23-19.14-4 of the General Laws in Chapter 23-19.14 entitled

23

"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

24

     23-19.14-4. Objectives of environmental clean-up.

25

     (a) The department of environmental management will develop, maintain and publish

26

numerical objectives for the most commonly found hazardous substances. These objectives will

27

be applicable for the clean-up of contaminated properties to levels which are protective of human

28

health and the environment based on current and reasonably foreseeable future use of a property

29

and the surrounding natural resources. To further ensure the safety of school children while

30

attending school, the department of environmental management, shall:

31

     (1) Adopt numerical objectives for properties dedicated to school use equivalent to the

32

numerical objectives set by the department for residential use of such properties;

33

     (2) Evaluate chemicals of concern for vapor intrusion and adopt numerical objectives for

34

those contaminants in soil and groundwater where such standards do not already exist in

 

LC000763 - Page 68 of 541

1

regulation and apply the numerical objectives for residential use established for said chemicals

2

and petroleum to properties dedicated to school use; and

3

     (3) Develop and adopt procedures for determining whether levels of chemicals of

4

potential concern for vapor intrusion and petroleum in soil or groundwater pose a reasonable

5

potential for migration of contaminated vapors or gases into structures to be utilized as school

6

facilities.

7

     (b)(1) The construction of any new school building; or

8

     (2) Construction of an addition to any existing school building; or

9

     (3) Leasing of any portion of an existing building to serve as a school shall be prohibited

10

on any portion of a parcel of property for which, upon occupancy, there exists an ongoing

11

potential for hazardous materials and/or petroleum to migrate as vapors or gases into the building

12

from the subsurface of the parcel of property, unless:

13

     (i) At a property where concentrations of chemicals of potential concern for vapor

14

intrusion or petroleum in the subsurface exceed the residential direct exposure criteria in soil,

15

source areas of said chemicals or petroleum within the vadose zone of the site that includes said

16

property shall be remediated:

17

     (A) Through the physical removal of said chemicals or petroleum through excavation or

18

in situ treatment; and

19

     (B) The school building shall be equipped with both a passive sub slab ventilation system

20

capable of conversion to an active system and a vapor barrier beneath the school building or

21

incorporated in the concrete slab, all in compliance with an approved department of

22

environmental management remedial action work plan and completed prior to the occupancy of

23

the school;

24

     (ii) At a property where concentrations of chemicals of potential concern for vapor

25

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in

26

soil but contamination exists on the property due to the presence of any chemicals of potential

27

concern for vapor intrusion or petroleum in groundwater, the department of environmental

28

management shall:

29

     (A) Require the property's owner or operator to prepare a site specific conceptual site

30

model and conduct soil gas sampling to determine the location of the source area of said

31

chemicals or petroleum in the site's vadose zone;

32

     (B) Evaluate the results of said model and sampling to determine if levels of any

33

chemicals of potential concern for vapor intrusion or petroleum could migrate as vapors or gases

34

into the occupied portions of the building where the school is proposed based on procedures

 

LC000763 - Page 69 of 541

1

developed pursuant to this chapter; and

2

     (C) Where the department determines that the conceptual site model and environmental

3

sampling demonstrates that there is a credible threat of reasonable potential for migration of

4

contaminated vapors or gases into the proposed school buildings is determined to exist, the

5

department shall require remediation to eliminate said potential as follows:

6

     (I) Where the source area is located on the site that includes said property, requiring the

7

physical removal of said chemicals or petroleum in the source area in the vadose zone through

8

excavation or in situ treatment; provided, the concentrations of said chemicals or petroleum in

9

said source area exceed the direct residential exposure criteria in soil; and

10

     (II) Requiring the installation of both a passive sub slab ventilation system capable of

11

conversion to an active system and a vapor barrier beneath the school building or incorporated in

12

the concrete slab, all in compliance with an approved department of environmental management

13

remedial action work plan and completed prior to the occupancy of the school; and, provided

14

further, should monitoring of a passive sub-slab ventilation system indicate that active ventilation

15

is necessary to protect the health and safety of users of a school equipped with a passive system,

16

the department of environmental management shall require conversion of the passive system to

17

an active system along with financial assurances to provide for the funding of the operation and

18

monitoring of said active system for as long as active ventilation is deemed necessary by the

19

department.

20

     (iii) At a property where concentrations of chemicals of potential concern for vapor

21

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in

22

soil on the site that includes said property, and where the department has determined that levels of

23

any chemicals of potential concern for vapor intrusion or petroleum will not present a reasonable

24

potential for migration of contaminated vapors or gases into structures to be utilized as school

25

facilities on the property, the property may be used for school purposes subject to any conditions

26

that the department of environmental management may impose pursuant to this chapter.

27

     (c) The construction of any school building, or construction of an addition to any existing

28

school building, or leasing of any portion of an existing building to serve as a school on any

29

portion of a parcel of property formerly used for industrial, manufacturing or landfill purposes

30

that is contaminated by hazardous materials, shall be prohibited unless at least thirty (30) days

31

prior to selecting the location for construction or leasing the building the project sponsor

32

undertakes all of the following measures with ten (10) days prior written notice to the public of

33

each measure undertaken:

34

     (1) Prepares and posts on the sponsor's website a written report that: (i) Projects the costs

 

LC000763 - Page 70 of 541

1

to acquire or lease the property, and to cleanup and maintain the property in accordance with the

2

department of environmental management's Rules and Regulations for the Investigation and

3

Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the

4

time period required to complete a cleanup of the property for school purposes prior to occupancy

5

by obtaining either an Interim Letter of Compliance, a Letter of Compliance or a Non-

6

Jurisdictional Letter indicating that the property is not jurisdictional under the Remediation

7

Regulations of the department of environmental management; (iii) Discusses the rationale for

8

selecting the property for use as school purposes and an explanation of any alternatives to

9

selecting said property considered by the project sponsor;

10

     (2) Solicits written comments on the report prepared pursuant to subdivision (1) of this

11

subsection for a period of at least thirty (30) days after posting said report on the sponsors website

12

and conducts a public hearing during said thirty (30) day period at which public comment is taken

13

on said report; and

14

     (3) Prepares a second written report that summarizes and responds to the public

15

comments received during the public comment period and at the public hearing and posts said

16

second report on the sponsor's website.

17

     (d) The sponsor of any school project subject to the provisions of subsection (c) of this

18

section shall consider the results and findings contained in the reports required by subsection (c)

19

when selecting the location of said project.

20

     (e) As used in this section.

21

     (1) The term "school" means any residential or non-residential school building, public,

22

private or charter, of any city or town or community educational system regulated, directly or

23

secondarily, by the council on elementary and secondary education or the department of

24

elementary and secondary education or any other state education board or local city or town

25

school board or school committee or other legal educational subdivision acting under it. As used

26

in this chapter, the term "school or schools" includes, but is not limited to, school playgrounds,

27

school administration buildings, indoor school athletic facilities, school gymnasiums, school

28

locker rooms, and similar school buildings. A school shall not include any institutions for

29

education of adults (e.g. colleges, universities, graduate schools, trade schools) or child-care

30

facilities as regulated by the department of children, youth and families.

31

     (2) The term "landfill" means for the purposes of this section, any portion of a parcel of

32

property that was used as a landfill as defined in § 23-19.1-4 or a sanitary landfill, dump or other

33

disposal area where more than thirty (30) cubic yards of solid waste was disposed.

34

     (3) The term "hazardous materials" means any materials defined as hazardous materials

 

LC000763 - Page 71 of 541

1

pursuant to § 23-19.14-3.

2

     (4) The term "solid waste" means any materials defined as solid waste pursuant to § 23-

3

18.9-7.

4

     (5) The term "chemicals of potential concern for vapor intrusion" means those chemicals

5

that the U.S. Environmental Protection Agency recommends for routine evaluation during vapor

6

intrusion assessments in said Agency's most recent guidance on the assessment of vapor intrusion

7

into indoor air from subsurface sources, and any other chemicals that the department of

8

environmental management may recommend for said routine evaluation.

9

     (6) The term "source area" means the horizontal and vertical extent of natural or man-

10

made media impacted by a release of hazardous materials or causing a release of hazardous

11

materials at concentrations in excess of the numerical objectives developed pursuant to paragraph

12

(a) of this section.

13

     (7) The term "vadose zone" means the full extent of the soil column existing above the

14

elevation of groundwater.

15

     (8) The term "conceptual site model" means a written and/or illustrative representation of

16

the physical, chemical and biological processes that control the transport, migration and actual or

17

potential impacts of hazardous materials in soil, air, groundwater, surface water and/or sediments

18

to human and/or ecological receptors at a site.

19

     (f) The provisions of this section shall not apply to the renovation or reconstruction of

20

any building for school purposes that was used continuously as a school for a period of at least

21

twenty-five (25) years where: (1) The footprint of the building after renovation or reconstruction

22

does not exceed more than five percent (5%) of the current footprint of the building; and (2) The

23

site of the building is not subject to a remedial action work plan approved by the department of

24

environmental management.

25

     SECTION 11. Sections 23-26-7.1, 23-26-11 through 23-26-13, 23-26-15, 23-26-25

26

through 23-26-27, 23-26-30 and 23-26-31 Chapter 23-26 of the General Laws entitled "Bedding

27

and Upholstered Furniture" are hereby amended to read as follows:

28

     23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials.

29

     (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding

30

or any item of bedding of any type manufactured in whole or in part from secondhand material,

31

including their component parts or wiping rags, unless such material has been sterilized,

32

disinfected and cleaned, by a method approved by the department of business regulation;

33

provided, further, that any product used for sterilization or disinfection of secondhand bedding

34

must be registered as consumer and health benefit products and labeled for use on bedding and

 

LC000763 - Page 72 of 541

1

upholstered furniture by the EPA in accordance with § 23-25-6 of this title. The department of

2

business regulation shall promulgate rules and regulations consistent with the provisions of this

3

chapter.

4

     (b) No person shall use in the manufacture, repair and renovation of bedding of any type

5

any material which has been used by a person with an infectious or contagious disease, or which

6

is filthy, oily or harbors loathsome insects or pathogenic bacteria.

7

     (c) No person shall sell, or offer for sale or include in a sale any material or bedding

8

which under the provisions of this chapter or regulations requires treatment unless there is

9

securely attached in accordance with regulations, a yellow tag not less than twelve square inches

10

in size, made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly

11

printed, in black ink, in the English language, a statement showing:

12

     (1) That the item or material has been treated by a method approved by the department of

13

business regulation, and the method of treatment applied.

14

     (2) The lot number and the tag number of the item treated.

15

     (3) The license registration number of the person applying treatment.

16

     (4) The name and address of the person for whom treated.

17

     (d) The tag required by this section shall be in addition to any other tag required pursuant

18

to the provisions of this chapter. Holders of licenses registrations to apply sterilization,

19

disinfection or disinfestation treatment shall be required to keep an accurate record of all

20

materials which have been subjected to treatment, including the source of material, date of

21

treatment, and the name and address of the receiver of each. Such records shall be available for

22

inspection at any time by authorized representatives of the department.

23

     (e) Violations of this section shall be punishable by a fine not to exceed five hundred

24

dollars ($500).

25

     23-26-11. Counterfeit stamps and permits registrations.

26

     No person shall have in his or her possession or shall make, use, or sell any counterfeit or

27

colorable imitation of the inspection stamp or permit registration required by this chapter. Each

28

counterfeited or imitated stamp or permit registration made, used, sold, offered for sale, delivered,

29

or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense.

30

     23-26-12. Sterilization permits registrations.

31

     Any sterilization process, before being used in connection with this chapter, must receive

32

the approval of the director. Every person, firm, or corporation desiring to operate the sterilization

33

process shall first obtain a numbered permit registration from the director and shall not operate

34

the process unless the permit registration is kept conspicuously posted in the establishment. Fee

 

LC000763 - Page 73 of 541

1

for original permit registration shall be eighty-four dollars ($84.00). Application for the permit

2

registration shall be accompanied by specifications in duplicate, in such form as the director shall

3

require. Each permit registration shall expire one year from date of issue. Fee for annual renewal

4

of a sterilizing permit registration shall be one-half (1 / 2) the original fee.

5

     23-26-13. Contents of tag on bedding articles for sale.

6

     Every article of bedding made for sale, sold, or offered for sale shall have attached

7

thereto a tag which shall state the name of the material used, that the material used is new, or

8

second-hand and, when required to be sterilized, that the material has been sterilized, and the

9

number of the sterilizing permit registration. The tag shall also contain the name and address of

10

the maker or the vendor and the registry number of the maker. All tags attached to new articles

11

shall be legibly stamped or marked by the retail vendor with the date of delivery to the customer.

12

     23-26-15. Contents of tag on shipments of filling material.

13

     Any shipment or delivery, however contained, of material used for filling articles of

14

bedding shall have firmly and conspicuously attached thereto a tag which shall state the name of

15

the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of the

16

contents and whether the contents are new or second-hand, and, if sterilized, the number of the

17

sterilizing permit registration.

18

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits

19

registrations. [Effective until July 1, 2019.]

20

     The director is hereby authorized and empowered to make general rules and regulations

21

and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto

22

and not inconsistent herewith. The director may suspend or revoke any permit or registration for

23

violation of any provision of this chapter, or any rule, regulation, ruling, or demand made

24

pursuant to the authority granted by this chapter.

25

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits

26

registrations. [Effective July 1, 2019.]

27

     (a) The director is hereby authorized and empowered to make general rules and

28

regulations and specific rulings, demands, and findings for the enforcement of this chapter, in

29

addition hereto and not inconsistent herewith. The director may suspend or revoke any permit or

30

registration for violation of any provision of this chapter, or any rule, regulation, ruling, or

31

demand made pursuant to the authority granted by this chapter.

32

     (b) The director of the department of health shall investigate and enforce the provisions

33

of § 23-26-3.1, and promulgate rules and regulations deemed necessary to enforce it.

34

     23-26-26. Appeal of director's decisions.

 

LC000763 - Page 74 of 541

1

     Any person aggrieved by the action of the director in denying an application for a permit

2

or for registration, or in revoking or suspending any permit or registration, or by any order or

3

decision of the director, shall have the right to appeal to the supreme court and the procedure in

4

case of the appeal shall be the same as that provided in § 42-35-15.

5

     23-26-27. Penalty for violations. [Effective until July 1, 2019.]

6

     Any person who:

7

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

8

lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this

9

chapter; or

10

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

11

preparing cotton or other material therefor which has been used as a mattress, pillow, or bedding

12

in any public or private hospital, or which has been used by or about any person having an

13

infectious or contagious disease, and which after such use has not been sterilized and approved

14

for use, by the director of business regulation; or

15

     (3) Counterfeits or imitates any stamp or permit registration issued under this chapter

16

shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars

17

($500) or by imprisonment for not more than six (6) months or both.

18

     23-26-27. Penalty for violations. [Effective July 1, 2019.]

19

     Any person who:

20

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

21

lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this

22

chapter; or

23

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

24

preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in

25

any public or private hospital, or that has been used by or about any person having an infectious

26

or contagious disease, and that after such use has not been sterilized and approved for use, by the

27

director of business regulation; or

28

     (3) Counterfeits or imitates any stamp or permit registration issued under this chapter

29

shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars

30

($500) or by imprisonment for not more than six (6) months or both.

31

     (4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be civilly

32

fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand

33

dollars ($10,000) for each subsequent violation.

34

     23-26-30. License Registration required -- Application -- Issuance and term of

 

LC000763 - Page 75 of 541

1

license registration.

2

     No person shall be engaged: (1) as a manufacturer of articles of bedding for sale at

3

wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer; (4)

4

as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she has

5

obtained the appropriate numbered license registration therefor from the director, who is hereby

6

empowered to issue the license registration. Application for the license registration shall be made

7

on forms provided by the director and shall contain such information as the director may deem

8

material and necessary. Based on the information furnished in the application and on any

9

investigation deemed necessary by the director, the applicant's classification shall be determined.

10

Each license registration issued by the director pursuant to this section shall be conspicuously

11

posted in the establishment of the person to whom issued. The director may withhold the issuance

12

of a license registration to any person who shall make any false statement in the application for a

13

license registration under this chapter. The director shall promulgate rules and regulations

14

mandating the term of license registration for each category of license registration issued pursuant

15

to this chapter; however, no license registration shall remain in force for a period in excess of

16

three (3) years. The fee for the initial issuance or renewal of a license registration shall be

17

determined by multiplying the per annum fee by the number of years in the term of the license

18

registration. The entire fee must be paid in full for the total number of years of license registration

19

prior to the issuance of the license registration.

20

     23-26-31. Fees.

21

     (a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-30

22

shall be as follows:

23

     (1) Every applicant classified as a manufacturer of articles of bedding for sale at

24

wholesale or retail or as a supply dealer shall pay, prior to the issuance of a general license

25

registration, a per annum fee of two hundred ten dollars ($210) and the licensee registrant may be

26

engaged in any or all of the following:

27

     (i) Manufacture of articles of bedding for sale at wholesale;

28

     (ii) Manufacture of articles of bedding for sale at retail;

29

     (iii) Supply dealer;

30

     (iv) Repairer-renovator.

31

     (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of

32

bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of sixty

33

dollars ($60.00), and the licensee registrant may be engaged in any or all of the following:

34

     (i) Repairer-renovator;

 

LC000763 - Page 76 of 541

1

     (ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee

2

registrant is reclassified from one category to another which calls for a higher license registration

3

fee, he or she shall pay a pro rata share of the higher license registration fee for the unexpired

4

period and shall be issued a new license registration to expire on the expiration date of the

5

original license registration.

6

     (b) If, through error, a licensee registrant has been improperly classified as of the date of

7

issue of his or her current license registration, the proper fee for the entire period shall be payable.

8

Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed to any

9

licensee registrant who has discontinued business, or whose license registration has been revoked

10

or suspended or who has been reclassified to a category calling for a greater or lesser license

11

registration fee, except as provided herein. The fee shall be paid to the director of business

12

regulation. For reissuing a revoked or expired license registration the fee shall be the same as for

13

an original license registration.

14

     (c) All payments for registration fees, sterilization process, permits, fines and penalties,

15

and other money received under this chapter shall constitute inspection fees for the purpose of

16

enforcing this chapter.

17

     SECTION 12. Section 31-36.1-3 of the General Laws in Chapter 31-36.1 entitled "Fuel

18

Use Reporting Law" is hereby amended to read as follows:

19

     31-36.1-3. Motor carrier license and identification -- Temporary licenses.

20

     (a) Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall

21

apply to the administrator for a motor carrier fuel use license upon forms approved by the

22

administrator and there shall be no fee for this license. be shall upon application, pay a license fee

23

of ten dollars ($10.00). The license shall remain in effect until surrendered or revoked under the

24

provisions of § 31-36.1-4. The tax administrator shall, in addition, provide identification devices

25

in the quantity requested to each licensed motor carrier. One such device must be displayed on

26

the exterior portion of each side of the cab of each qualified motor vehicle. The fee for such

27

identification device shall be ten dollars ($10.00) per qualified motor vehicle. Identification

28

devices shall be issued each year by the administrator and shall be displayed on or before March

29

1.

30

     (b) The administrator may refuse to issue a license if the application for it:

31

     (1) Is filed by a motor carrier whose license at any time theretofore has been revoked by

32

the administrator.

33

     (2) Contains any misrepresentation, misstatement, or omission of material information

34

required by the application.

 

LC000763 - Page 77 of 541

1

     (3) Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest

2

whose license or registration previously has been revoked for cause by the administrator.

3

     (4) Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty,

4

or other amount due the administrator for its account.

5

     The finding may be made by the administrator after granting the applicant a hearing of

6

which the applicant shall be given ten (10) days notice in writing, and in which the applicant shall

7

have the right to appear in person or by counsel and present testimony.

8

     (c) Temporary license. Upon application to the administrator and payment of a fee of ten

9

dollars ($10.00), an unlicensed motor carrier may obtain a temporary license which will authorize

10

one qualified motor vehicle to be operated on the highways of this state, for a period not to

11

exceed ten (10) days, without compliance with the fees imposed in this section, the tax imposed

12

in § 31-36.1-5, and the bond required in § 31-36.1-6. There shall be no fee for this license.

13

     (d) The administrator may adopt rules and regulations specifying the conditions under

14

which temporary licenses will be issued and providing for their issuance.

15

     SECTION 13. Sections 31-37-10 and 31-37-21 of the General Laws in Chapter 31-37

16

entitled "Retail Sale of Gasoline" are hereby amended to read as follows:

17

     31-37-10. Term of licenses -- Fee.

18

     (a) Any license issued by the tax administrator to an owner for the operation of a retail

19

filling station, or to a peddler of gasoline, shall, from the date of the issuance of the license, be

20

and remain in full force and effect until or unless:

21

     (1) Suspended or revoked by the tax administrator,

22

     (2) The business with respect to which the license was issued shall change ownership, or

23

     (3) The owner or peddler shall cease to transact the business for which the license was

24

issued.

25

     (b) In any of which cases the license shall expire and terminate, and its holder shall

26

immediately return the license to the tax administrator. There shall be no fee for this license.

27

The charge or fee for the license shall be five dollars ($5.00).

28

     31-37-21. Enforcement.

29

     The tax administrator shall enforce the provisions of this chapter and chapter 36 of this

30

title, except that the director of business regulation labor and training shall enforce the provisions

31

of §§ 31-37-11 -- 31-37-17 and §§ 11-18-13 -- 11-18-18. The department of business regulation

32

labor and training shall cause any violation subject to its jurisdiction under this chapter to be

33

referred to law enforcement officials in the city or town where the violation has or is occurring

34

for prosecution.

 

LC000763 - Page 78 of 541

1

     SECTION 14. Effective September 1, 2019, Section 36-3-5 of the General Laws in

2

Chapter 36-3 entitled "Division of Personnel Administration" is hereby amended to read as

3

follows:

4

     36-3-5. Powers and duties of the administrator.

5

     In addition to the duties imposed upon the personnel administrator elsewhere in the law

6

and the personnel rules, it shall be the duty of the personnel administrator:

7

     (1) As executive head of the division of personnel administration, to direct, supervise,

8

develop, and authorize all personnel related administrative and technical activities including

9

personnel administration and personnel management.

10

     (2) To prepare and recommend to the director of administration such rules as are deemed

11

necessary to carry out the provisions of the law.

12

     (3) To supervise the operation of the classification plan and to recommend to the director

13

amendments and additions thereto.

14

     (4) To supervise the operation of the pay plan and to recommend to the director

15

amendments and additions thereto.

16

     (5) To establish and supervise the maintenance of employment lists, promotion lists, and

17

reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for

18

compliance with the statutes and policies, and make available to state agencies qualified

19

candidates as vacancies occur; direct and supervise equal opportunity programs; manage

20

employee benefit plans including the coordination of health insurance, prescription/vision care,

21

group life insurance, dental care, prepaid legal services, deferred compensation and cancer

22

programs, and any other programs established by the legislature related to employee benefits; and

23

to manage career awards programs and state and local enforcement firefighters incentive training

24

programs.

25

     (6) To perform any other lawful act which he or she may consider necessary or desirable

26

to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules

27

and to conduct innovative demonstration projects to improve state personnel management.

28

     (7) To facilitate and/or coordinate state and national background checks for applicants

29

and/or employees in state positions with access to federal tax information, as defined in § 36-3-

30

16(a)(6).

31

     SECTION 15. Effective September 1, 2019, Chapter 36-3 of the General Laws entitled

32

"Division of Personnel Administration" is hereby amended by adding thereto the following

33

section:

34

     36-3-16. Authority to conduct state and national background checks for applicants

 

LC000763 - Page 79 of 541

1

and employees in state positions with access to federal tax information.

2

     (a) Definitions. As used in this section, the following terms are hereby defined as follows:

3

     (1) “Access,” shall mean the direct use, contact, handling or viewing of federal tax

4

information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood

5

or extent of such access.

6

     (2) “Agency” or “state agency,” shall mean a Rhode Island state agency within the

7

executive branch.

8

     (3) “Agency head,” shall mean the director or designee of a state agency holding the

9

position with access (as defined herein). 

10

     (4) “Applicant for employment,” shall mean an individual who has applied for or may be

11

offered employment, transfer or promotional opportunities with a state agency, including

12

employment as a full-time or part-time employee, intern, temporary or seasonal employee, or

13

volunteer, in a position with access (as defined herein). 

14

     (5) “Current agency employee,” shall mean a full-time or part-time state employee,

15

intern, temporary or seasonal employee or volunteer in a position with access (as defined herein).

16

     (6) “Federal tax information” or “FTI” shall mean:

17

     i) Federal tax returns or information created or derived from federal tax returns that is in

18

an agency’s possession or control, which is covered by the confidentiality protections of the

19

Internal Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements,

20

including oversight by the Internal Revenue Service (“IRS”); and received directly from the IRS

21

or obtained through an authorized secondary source, such as the Social Security Administration

22

(SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service

23

(BFS), Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of

24

the IRS pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and

25

     ii) FTI shall expressly not include federal tax returns or information created or derived

26

from federal tax returns received from taxpayers or other third-parties.

27

     (7) “Law enforcement authorized agency” shall mean a government entity authorized to

28

conduct national background checks using the federal bureau of investigation’s fingerprinting

29

national background check system.

30

     (b) The personnel administrator or designee shall require to be obtained a state and

31

national fingerprint-based criminal background check initially and at least every ten years, as

32

authorized by Public Law 92-544, to determine the suitability of an applicant for employment

33

prior to hiring or a current agency employee, if the position applied for or held requires or

34

includes access to FTI.

 

LC000763 - Page 80 of 541

1

     (c) An applicant for employment or current agency employee who refuses to comply with

2

the fingerprint-based background check requirements shall be considered unsuitable for serving

3

in a position requiring or involving, or which may require or involve, access to FTI. 

4

     (d) The national fingerprint-based criminal background check shall be facilitated through

5

the office of the attorney general or another law enforcement authorized agency and forwarded to

6

the federal bureau of investigation for a national criminal history check, according to the policies,

7

procedures, and/or regulations established by the office of the attorney general or another law

8

enforcement authorized agency.

9

     (1) For current agency employees, the agency shall pay the applicable fee charged

10

through the office attorney general or other law enforcement authorized agency to conduct state

11

and national background checks. However, applicants for employment shall be required to pay

12

the fee charged through the office attorney general or other law enforcement authorized agency.

13

     (2) Fingerprint submissions may be retained by the federal bureau of Investigation and

14

the office of the attorney general or other law enforcement authorized agency to assist the

15

personnel administrator authorized pursuant to this section to ensure the continued suitability of

16

an applicant for employment or a current agency employee for access to FTI.

17

     (3) The office of the attorney general or other law enforcement authorized agency may

18

disseminate the results of the state and national criminal background checks to the personnel

19

administrator or designee of the personnel administrator.

20

     (4) Notwithstanding any law to the contrary, solely for the purposes of this chapter, the

21

personnel administrator, agency head and authorized staff of an agency may receive criminal

22

offender record information to the extent required by federal law and the results of checks of

23

national criminal history information databases under Public Law 92-544.

24

     (5) Upon receipt of the results of state and national criminal background checks, the

25

personnel administrator, agency head and other authorized staff shall treat the information as non-

26

public and exempt from disclosure in accordance with the Rhode Island Access to Public Records

27

Act, R.I. Gen. Laws 38-2-2(4)(A)(I)(b). Information acquired by any agency in the background

28

check process pursuant to this section shall be used solely for the purposes of making a

29

determination as to the suitability of a particular current employee or applicant for employment

30

for and assignment to duties in a position that requires or includes, or may require or include,

31

access to FTI.

32

     (e) If the office of the attorney general or other law enforcement authorized agency

33

receives criminal record information from the state or national fingerprint-based criminal

34

background checks that includes no disposition or is otherwise incomplete, the office of the

 

LC000763 - Page 81 of 541

1

attorney general or other law enforcement authorized agency shall notify the personnel

2

administrator and the subject person. The applicant for employment or the current agency

3

employee shall be responsible for resolving any issues in other jurisdictions causing an

4

incomplete background check. Within fifteen (15) business days from being notified, the

5

applicant for employment or current agency employee must resolve any incomplete background

6

check. For the purposes of this chapter, the personnel administrator, in his or her sole discretion,

7

may extend the amount of time to resolve an incomplete report. Once resolved, the applicant’s

8

suitability for employment in a position requiring or involving, or which may require or involve,

9

access to FTI shall be determined in accordance with subsection (f).

10

     (1) In the event that an applicant for employment fails to resolve an issue with an

11

incomplete background check by the deadline stated herein, the person shall no longer be

12

considered for employment to the position with access.

13

     (2) In the event that a current agency employee fails to resolve an issue with an

14

incomplete background check by the deadline provided herein, along with any extension, the

15

employee may be terminated or discharged from employment; provided, however, that a current

16

agency employee may be placed on administrative leave or reassigned to a position that does not

17

require access to FTI if that position is available and subject to the business needs of the agency

18

at the discretion of the personnel administrator and agency head. Any such employment action

19

shall be subject to same appeal or grievance procedures as normally authorized.

20

     (f) The personnel administrator or designee shall review the results to determine the

21

suitability of the applicant for employment or current agency employee, based on criteria

22

established through regulation, to serve in a position requiring or involving, or which may require

23

or involve, access to FTI. In making such a determination of suitability, the personnel

24

administrator or designee may consult with the agency head and consider mitigating factors

25

relevant to the current agency employee’s employment and the nature of any disqualifying

26

offense.

27

     (1) In the event that an applicant for employment receives a final determination that the

28

person is unsuitable, the person shall no longer be considered for employment into a position with

29

access.

30

     (2) A current employee may appeal a determination of unsuitability to the personnel

31

administrator. While the appeal is pending, the employee may be placed on administrative leave

32

in the discretion of the personnel administrator. A final determination of unsuitability after

33

appeal may result in termination or discharge from employment; provided, however, that subject

34

to the discretion of the personnel administrator and the agency head, a current agency employee

 

LC000763 - Page 82 of 541

1

may be reassigned to a position that does not require access to FTI if that position is available and

2

subject to the business needs of the agency. Any such employment action shall be subject to

3

further appeal or grievance procedures as normally authorized.

4

     (g) Nothing in this section shall limit or preclude an agency’s right to carry on a

5

background investigation of an applicant for employment or a current agency employee using

6

other authorized means. 

7

     (h) The Department of Administration is hereby authorized to promulgate and adopt

8

regulations necessary to carry out this section.

9

     (i) The judicial branch is hereby authorized to comply with the provisions herein related

10

to employees with access to FTI.

11

     SECTION 16. Effective September 1, 2019, Chapter 37-2 of the General Laws entitled

12

"State Purchases" is hereby amended by adding thereto the following section:

13

     37-2-81. Authority to conduct state and national background checks for vendors

14

with access to federal tax information.

15

     (a) Definitions. As used in this section, the following terms shall be defined as follows:

16

     (1) “Access,” shall mean the direct and indirect use, contact, handling or viewing of

17

federal tax information, as defined herein, in paper or electronic form, regardless of the

18

frequency, likelihood or extent of such access or whether the access is intentional or inadvertent. 

19

     (2) “Agency” or “state agency,” shall mean a Rhode Island state agency within the

20

executive branch.

21

     (3) “Agency head” shall mean the director or designee of a state agency for which the

22

vendor is providing services. 

23

     (4) “Division” shall mean the division of purchases.

24

     (5) “Federal tax information” or “FTI” shall mean:

25

     i) Federal tax returns or information created or derived from federal tax returns that is in

26

an agency’s possession or control, which is covered by the confidentiality protections of the

27

Internal Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements,

28

including oversight by the Internal Revenue Service (“IRS”); and is received directly from the

29

IRS or obtained through an authorized secondary source, such as the Social Security

30

Administration (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the

31

Fiscal Service (BFS), Centers for Medicare and Medicaid Services (CMS), or another entity

32

acting on behalf of the IRS pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B)

33

agreement; and

34

     ii) shall not include federal tax returns or information created or derived from federal tax

 

LC000763 - Page 83 of 541

1

returns received directly from taxpayers or other third-parties.

2

     (5) “Vendor” shall mean any individual, firm, corporation, partnership or other entity,

3

including, but not limited to, employees, subcontractors, and/or agents of the vendor, who is

4

performing services for the state and has access, as defined herein, to FTI.

5

     (b) The agency head shall require a vendor’s employees, subcontractors and other agents

6

to complete a state and national fingerprint-based criminal background check, as authorized by

7

Public Law 92-544, to determine the suitability of a vendor if the services to the state requires or

8

includes, or may require or include, access to FTI. This requirement for a vendor shall be

9

incorporated by reference into the vendor’s agreement with the state. No new vendor employee,

10

subcontractor or other agent who has or may have access to FTI shall perform services for the

11

State until the person is deemed suitable by the agency head. Existing vendor employees,

12

subcontractors or other agents, as of the effective date of this statute, shall complete the

13

background check requirement within a reasonable time as approved by the agency head.

14

     (c) The national fingerprint-based criminal background check shall be facilitated through

15

the Rhode Island office of the attorney general or other law enforcement authorized agency, using

16

the same criteria established under § 36-3-16 for applicants and current state employees. The

17

information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national

18

criminal history check, according to the policies, procedures, and/or regulations established by

19

the office of the attorney general or other law enforcement authorized agency. The office of the

20

attorney general or other law enforcement authorized agency may disseminate the results of the

21

national criminal background checks to the Department of Administration and/or the agency head

22

where the services are being provided.

23

     (d) Reciprocity. Nothing herein shall prevent the agency head, at his or her discretion,

24

from accepting a recent national fingerprint-based criminal background check for a vendor

25

employee, subcontractor or other agent related to FTI access conducted in another suitable

26

jurisdiction.

27

     (e) The agency head may receive criminal offender record information to the extent

28

required by federal law and the results of checks of national criminal history information

29

databases under Public Law 92-544. Upon receipt of the results of state and national criminal

30

background checks, the agency head shall treat the information as non-public and exempt from

31

disclosure in accordance with the Rhode Island Access to Public Records Act, R.I. Gen. Laws 38-

32

2-2(4)(B). Information acquired by any agency in the background check process pursuant to this

33

section shall be used solely for the purpose of making a determination as to the suitability of a

34

vendor in a position which requires or includes, or may require or include, access to FTI.

 

LC000763 - Page 84 of 541

1

      (f) The state shall not be responsible for any fees charged through the office attorney

2

general, other law enforcement authorized agency or other jurisdiction to conduct the state and

3

national background check for vendor employees, subcontractors or other agents.

4

     (f) A vendor, or its employees, subcontractors or other agents, who refuses to comply

5

with the fingerprint-based background check requirement shall be considered unsuitable for

6

services requiring or involving, or which may require or involve, access to FTI.  Refusal to

7

comply by the vendor may result in termination of the contract with the State and/or other

8

procurement sanctions if appropriate. Nothing herein shall prevent the vendor from replacing an

9

employee, subcontractor or other agent who refuses to comply with this requirement, subject to

10

written approval by the agency head.

11

     (g) Upon receipt of the results of a state and national criminal background check for the

12

vendor employees, subcontractors or other agents, the agency head shall review the results and

13

determine the suitability of the person with regard to service in a position requiring or involving,

14

or which may require or involve, access to FTI. In making a determination of suitability, the

15

agency head may consider mitigating factors relevant to the vendor’s scope of work and the

16

nature of any disqualifying offense. Unsuitability of a vendor may result in termination of the

17

contract with the State and/or a requirement that the vendor to replace the employee,

18

subcontractor or other agent, with a suitable person, subject to written approval by the agency

19

head.

20

     (h) If the office of the attorney general or other law enforcement authorized agency

21

receives criminal record information from the state or national fingerprint-based criminal

22

background checks that includes no disposition or is otherwise incomplete, the subject person

23

shall be responsible for resolving any issues in other jurisdictions causing an incomplete

24

background check. The vendor shall immediately notify the state in writing the name and

25

circumstances of any employees, subcontractors or agents who have received an incomplete

26

background check. Failure to establish suitability of a vendor employee, subcontractor or other

27

agent may result in termination of the contract with the State and/or a requirement that the vendor

28

to replace the employee, subcontractor or other agent with a suitable person, subject to written

29

approval by the agency head.

30

      (j) Nothing in this section shall limit or preclude an agency’s right to carry on a

31

background investigation of a vendor using other authorized means. 

32

     (k) The department of administration is hereby authorized to promulgate and adopt

33

regulations necessary to carry out this section.

34

     (l) The judicial branch is hereby authorized to comply with the provisions herein related

 

LC000763 - Page 85 of 541

1

to vendors working on behalf of the judiciary receiving access to FTI.

2

     SECTION 17. Effective September 1, 2019, sections 40-13.2-2, 40-13.2-4 and 40-13.2-5

3

in Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are

4

hereby amended to read as follows:

5

     40-13.2-2. Qualification for childcare employment.

6

     Notwithstanding any other provisions of law to the contrary, any person seeking to

7

operate or seeking employment in any facility which is, or is required to be, licensed or registered

8

with the department of children youth and families, the department of human services, or seeking

9

employment at the training school for youth if that employment involves supervisory or

10

disciplinary power over a child or children or involves routine contact with a child or children

11

without the presence of other employees, shall undergo an employment background check, a

12

CANTS (child abuse and neglect tracking system) check of substantiated complaints, and

13

criminal records check as provided for in this chapter. The director of the department of children,

14

youth, and families and the director of the department of human services may by rule identify

15

those positions requiring background checks, CANTS checks and criminal records checks.

16

     40-13.2-4. Criminal records check -- Operators of child care facilities which must be

17

licensed or registered with the department.

18

     Any person seeking to operate a facility, that is, or is required to be, licensed or registered

19

with the department of human services, shall apply to the Rhode Island bureau of criminal

20

identification, attorney general’s office, or the department of children, youth and families, for a

21

nationwide, criminal-records check. The check will conform to the applicable federal standards,

22

including the taking of fingerprints to identify the applicant, and any expense associated with

23

providing the criminal-records check shall be paid by the applicant and/or requesting agency. The

24

director of human services will determine by rule those items of information appearing on a

25

criminal-records check, which constitute disqualifying information because that information

26

would indicate that the employment could endanger the health or welfare of a child or children.

27

Upon the discovery of any disqualifying information with respect to a proposed operator, the

28

Rhode Island bureau of criminal identification will inform the director, in writing, of the nature of

29

the disqualifying information.

30

     40-13.2-5. Criminal-records check – Employees of child day care, day care centers,

31

family day care homes, group family day care homes, child placing agencies and residential

32

child-care facilities which must be licensed by the department.

33

     (a) A Any person seeking employment in a “child day care” program, a “family day care

34

home”, “group family day care home”, or in a “child day care center” as defined in section 42-

 

LC000763 - Page 86 of 541

1

12.5-2 of the general laws,, if that employment involves supervisory or disciplinary power over a

2

child or children or involves routine contact with a child or children without the presence of other

3

employees, in any facility that is, or is required to be, licensed or registered with the department,,

4

or any adult household member of any operator of a “family day-care home” and “group family

5

day-care home,”, or seeking that employment or to volunteer at the training school for youth,

6

shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the

7

bureau of criminal identification of the state police or the local police department, or the office of

8

the attorney general, or the department of children, youth and families, for a nationwide, criminal-

9

records check. The check will conform to applicable federal standards including the taking of

10

fingerprints to identify the applicant. Further, any person seeking employment in a “child

11

day care” program, in a “child day care center”, and/or in a “child day care provider” as

12

defined in section 42-12.5-2 of the general laws, if that employment involves

13

supervisory or disciplinary power over a child or children or involves routine contact

14

with a child or children without the presence of other employees shall apply the bureau of

15

criminal identification of the state police or the local police department or the office of

16

the attorney general to search the National Crime Information Center’s National Sex

17

Offender Registry and a search of the Rhode Island Sex Offender Registry. The criminal

18

record checks and the checks of the National Sex Offender Registry and the Rhode Island

19

Sex Offender Registry, as referenced in this section, shall be conducted for every five

20

years of continuous child care employment from the date of the previous criminal

21

background check.

22

     (b) Any person seeking employment in a “child placing agency” as defined in

23

section 42-72.1-2 of the general laws, if that employment involves supervisory or

24

disciplinary power over a child or children or involves routine contact with a child or

25

children without the presence of other employees, shall, after acceptance by the employer

26

of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of

27

the state police or the local police department, or the office of the attorney general or the

28

department of children, youth and families, for a nationwide, criminal-records check. The

29

check will conform to applicable federal standards including the taking of fingerprints to

30

identify the applicant.

31

     (c) Any person seeking employment in a “child caring agency”, “children’s

32

behavioral health program”, or in a “foster and adoptive home” as defined in section 42-

 

LC000763 - Page 87 of 541

1

72.1-2 of the general laws, that is, or is required to be, licensed or registered with the

2

department, shall, after acceptance by the employer of the affidavit required by § 40-

3

13.2-3, apply to the bureau of criminal identification of the state police or the local police

4

department, or the office of the attorney general, or the department of children, youth and

5

families, for a nationwide, criminal-records check. The check will conform to applicable

6

federal standards including the taking of fingerprints to identify the applicant.

7

     (b)(d) Upon the discovery of any disqualifying information as defined in accordance with

8

the rule promulgated by the director, the bureau of criminal identification of the state police or the

9

local police department or the office of the attorney general or the department of children,

10

youth and families will inform the applicant, in writing, of the nature of the disqualifying

11

information. In addition, the bureau of criminal identification of the state police or the office of

12

the attorney general, or department of children, youth and families, or the local police

13

department will inform the relevant employer, in writing, without disclosing the nature of the

14

disqualifying information, that an item of disqualifying information has been discovered.

15

     (e)(c) In those situations in which no disqualifying information has been found, the

16

bureau of criminal identification of the state police or the local police department or the office of

17

the attorney general, or the department of children, youth and families will inform both the

18

applicant and the employer, in writing, of this fact.

19

     (f)(d) The employer will maintain on file, subject to inspection by the department,

20

evidence that criminal-records checks have been initiated on all employees seeking employment

21

after August 1, 1985, and the results of the checks.

22

     (g) (e) Failure to maintain that evidence on file will be prima facie grounds to revoke the

23

license or registration of the operator of the facility.

24

     (h) or(f) It will be the responsibility of the bureau of criminal identification of the state

25

police or the office of the attorney general, or the local police department, or the department of

26

children, youth and families, to conduct the nationwide, criminal-records check pursuant to this

27

section. The nationwide, criminal-records check will be provided to the applicant for employment

28

without charge.

29

     SECTION 18. Section 41-5.2-2 of Chapter 41-5.2 of the General Laws in entitled "Mixed

30

Martial Arts" is hereby amended to read as follows:

31

     41-5.2-2. License required for mixed-martial-arts exhibitions – amateur exhibitions

32

exempt.

33

     (a) No mixed-martial-arts match or exhibition for a prize or a purse, or at which an

 

LC000763 - Page 88 of 541

1

admission fee is charged, either directly or indirectly, in the form of dues or otherwise, shall take

2

place or be conducted in this state unless licensed by the division of gaming and athletics

3

licensing in accordance with this chapter; provided that the provisions of this chapter shall not

4

apply to any mixed-martial-arts match or exhibition in which the contestants are amateurs and

5

that is conducted under the supervision and control of:

6

     (1) Any educational institution recognized by the council on postsecondary education and

7

the council on elementary and secondary education of this state, or

8

     (2) Any religious or charitable organization or society engaged in the training of youth

9

and recognized as such by the division of gaming and athletics licensing of this state.

10

     (b) For the purposes of this section, an "amateur" shall be deemed to mean a person who

11

engages in mixed-martial-arts matches or exhibitions for which no cash prizes are awarded to the

12

participants, and for which the prize competed for, if any, shall not exceed in value the sum of

13

twenty-five dollars ($25.00). 

14

     SECTION 19. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is

15

hereby amended by adding thereto the following section:

16

     41-5.2-30. Fees of officials.

17

     The fees of the referee and other licensed officials, as established by this chapter, shall be

18

fixed by the division of gaming and athletics licensing, and shall be paid by the licensed

19

organization prior to the exhibition.

20

     SECTION 20. Section 42-14.2-13 of the General Laws in Chapter 42-14.2 entitled

21

"Department of Business Regulation - Automobile Wrecking and Salvage Yards" is hereby

22

amended to read as follows:

23

     42-14.2-13. Penalties.

24

     Any person, firm, corporation, or association violating any of the provisions of this

25

chapter or the regulations promulgated hereunder shall upon conviction be guilty of a

26

misdemeanor. Any person, firm, corporation, or association who is convicted for violation of any

27

section of this chapter shall be punished by subject to payment of a fine not to exceed five

28

hundred one thousand dollars ($5001,000) or by imprisonment for a term not to exceed one year,

29

or both fine and imprisonment for each violation of the provisions of this chapter.

30

     SECTION 21. Sections 42-35.1-5 and 42-35.1-7 of the General Laws in Chapter 42-35.1

31

entitled "Small Business Regulatory Fairness in Administrative Procedures" are hereby amended

32

to read as follows:

33

     42-35.1-5. Small business enforcement ombudsman.

34

     (a) The director of the office of regulatory reform department of business regulation shall

 

LC000763 - Page 89 of 541

1

designate an existing staff member as a "small business regulatory enforcement ombudsman,",

2

who shall report directly to the director of business regulation.

3

     (b) The ombudsman shall:

4

     (1) Work with each agency with regulatory authority over small businesses to ensure that

5

small business concerns that receive or are subject to an audit, on-site inspection, compliance

6

assistance effort, or other enforcement related communication or contact by agency personnel are

7

provided with a means to comment on the enforcement activity conducted by such personnel;

8

     (2) Establish means to receive comments from small business concerns regarding actions

9

by agency employees conducting compliance or enforcement activities;

10

     (3) Within six (6) months of appointment, work with each regulating entity to develop

11

and publish reporting policies;

12

     (4) Based on substantiated comments received from small business concerns the

13

ombudsman shall annually report to the general assembly and affected agencies evaluating the

14

enforcement activities of agency personnel including a rating of the responsiveness of the

15

regulatory agencies policies;

16

     (5) Coordinate and report annually on the activities, findings and recommendations to the

17

general assembly and the directors of affected agencies; and

18

     (6) Provide the affected agency with an opportunity to comment on reports prepared

19

pursuant to this chapter, and include a section of the final report in which the affected agency may

20

make such comments as are not addressed by the ombudsman.

21

     42-35.1-7. Expenses.

22

     Except as provided in § 42-35.1-5, Tthe director of administration shall annually

23

appropriate such sums as it may deem necessary to carry out the provisions of this chapter.

24

     SECTION 22. Chapter 44-1 of the General Laws entitled "State Tax Officials " is hereby

25

amended by adding thereto the following section:

26

     44-1-40. Tax Administrator to prepare list of licensed taxpayers - Notice - Public

27

inspection.

28

     (a) Notwithstanding any other provision of law, the tax administrator may, on a periodic

29

basis:,

30

     (1) Prepare and publish for public distribution a list of entities and their active licenses

31

administered under Title 44.

32

     (2) Prepare and publish for public distribution a list of entities and licenses for the current

33

year, as administered by a city or town under Chapter 5 of Title 3 of the Rhode Island General

34

Laws.

 

LC000763 - Page 90 of 541

1

     (3) Prepare and publish for public distribution a list of entities and licenses for the

2

upcoming year, as administered by a city or town under Chapter 5 of Title 3 of the Rhode Island

3

General Laws.

4

     (4) Each list may contain the license type, name, and address of each registered entity

5

with a license.

6

     (b) The tax administrator shall not list any taxpayers that do not have an active license.

7

     (c) Any such list prepared by the tax division shall be available to the public for

8

inspection by any person and may be published by the tax administrator on the tax division

9

website.

10

     SECTION 23. Section 44-5.2-4 of the General Laws in Chapter 44-5.2 entitled "Powers

11

and Duties of Fire Districts in the Town of Coventry" is hereby repealed.

12

     44-5.2-4. Compliance.

13

     Unless otherwise provided, the division of municipal finance in the department of

14

revenue shall monitor fire district compliance with this chapter and issue periodic reports to the

15

general assembly on compliance.

16

     SECTION 24. Sections 44-11-2.2 and 44-11-19 of the General Laws in Chapter 44-11

17

entitled "Business Corporation Tax" are hereby amended to read as follows:

18

     44-11-2.2. Pass-through entities -- Definitions -- Withholding -- Returns.

19

     (a) Definitions.

20

     (1) “Administrative Adjustment Request” means an administrative adjustment request

21

     filed by a partnership under IRC section 6227.

22

     (2) “Audited Partnership” means a partnership or an entity taxed as a partnership

23

federally subject to a partnership level audit resulting in a federal adjustment.

24

     (3) “Direct Partner” means a partner that holds an interest directly in a partnership or

25

pass-through entity.

26

     (4) “Federal Adjustment” means a change to an item or amount determined under the

27

Internal Revenue Code (IRC) that is used by a taxpayer to compute Rhode Island tax owed

28

whether that change results from action by the IRS, including a partnership level audit, or the

29

filing of an amended federal return, federal refund claim, or an administrative adjustment request

30

by the taxpayer. A federal adjustment is positive to the extent that it increases state taxable

31

income as determined under Rhode Island state laws and is negative to the extent that it decreases

32

state taxable income as determined under Rhode Island state laws.

33

     (5) “Final Determination Date” means if the federal adjustment arises from an IRS audit

34

or other action by the IRS, the final determination date is the first day on which no federal

 

LC000763 - Page 91 of 541

1

adjustments arising from that audit or other action remain to be finally determined, whether by

2

IRS decision with respect to which all rights of appeal have been waived or exhausted, by

3

agreement, or, if appealed or contested, by a final decision with respect to which all rights of

4

appeal have been waived or exhausted. For agreements required to be signed by the IRS and the

5

taxpayer, the final determination date is the date on which the last party signed the agreement.

6

     (6) “Final Federal Adjustment” means a federal adjustment after the final determination

7

date for that federal adjustment has passed.

8

     (7)“Indirect Partner” means a partner in a partnership or pass-through entity that itself

9

holds an interest directly, or through another indirect partner, in a partnership or pass-through

10

entity.

11

     (1) "Pass-through entity" means a corporation that for the applicable tax year is treated as

12

an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited

13

partnership, limited liability partnership, trust, or limited liability company that for the applicable

14

tax year is not taxed as a corporation for federal tax purposes under the state's check-the-box

15

regulation.

16

     (2)(8) "Member" means an individual who is a shareholder of an S corporation; a partner

17

in a general partnership, a limited partnership, or a limited liability partnership; a member of a

18

limited liability company; or a beneficiary of a trust;

19

     (3)(9) "Nonresident" means an individual who is not a resident of or domiciled in the

20

state, a business entity that does not have its commercial domicile in the state, and a trust not

21

organized in the state.

22

     (10) “Partner” means a person that holds an interest directly or indirectly in a partnership

23

or other pass-through entity.

24

     (11) “Partnership” means an entity subject to taxation under Subchapter K of the IRC.

25

     (12) “Partnership Level Audit” means an examination by the IRS at the partnership level

26

pursuant to Subchapter C of Title 26, Subtitle F, Chapter 63 of the IRC, as enacted by the

27

Bipartisan Budget Act of 2015, Public Law 114-74, which results in Federal Adjustments.

28

     (13) "Pass-through entity" means a corporation that for the applicable tax year is treated

29

as an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership,

30

limited partnership, limited liability partnership, trust, or limited liability company that for the

31

applicable tax year is not taxed as a corporation for federal tax purposes under the state's check-

32

the-box regulation.

33

     (14) “Tiered Partner” means any partner that is a partnership or pass-through entity.

34

     (b) Withholding.

 

LC000763 - Page 92 of 541

1

     (1) A pass-through entity shall withhold income tax at the highest Rhode Island

2

withholding tax rate provided for individuals or seven percent (7%) for corporations on the

3

member's share of income of the entity that is derived from or attributable to sources within this

4

state distributed to each nonresident member and pay the withheld amount in the manner

5

prescribed by the tax administrator. The pass-through entity shall be liable for the payment of the

6

tax required to be withheld under this section and shall not be liable to such member for the

7

amount withheld and paid over in compliance with this section. A member of a pass-through

8

entity that is itself a pass-through entity (a "lower-tier pass-through entity") shall be subject to

9

this same requirement to withhold and pay over income tax on the share of income distributed by

10

the lower-tier pass-through entity to each of its nonresident members. The tax administrator shall

11

apply tax withheld and paid over by a pass-through entity on distributions to a lower-tier pass-

12

through entity to the withholding required of that lower-tier pass-through entity.

13

     (2) A pass-through entity shall, at the time of payment made pursuant to this section,

14

deliver to the tax administrator a return upon a form prescribed by the tax administrator showing

15

the total amounts paid or credited to its nonresident members, the amount withheld in accordance

16

with this section, and any other information the tax administrator may require. A pass-through

17

entity shall furnish to its nonresident member annually, but not later than the fifteenth day of the

18

third month after the end of its taxable year, a record of the amount of tax withheld on behalf of

19

such member on a form prescribed by the tax administrator.

20

     (c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax

21

for a nonresident member if:

22

     (1) The member has a pro rata or distributive share of income of the pass-through entity

23

from doing business in, or deriving income from sources within, this state of less than $1,000 per

24

annual accounting period;

25

     (2) The tax administrator has determined by regulation, ruling, or instruction that the

26

member's income is not subject to withholding;

27

     (3) The member elects to have the tax due paid as part of a composite return filed by the

28

pass-through entity under subsection (d); or

29

     (4) The entity is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) that is

30

treated as a partnership for the purposes of the Internal Revenue Code and that has agreed to file

31

an annual information return reporting the name, address, taxpayer identification number and

32

other information requested by the tax administrator of each unitholder with an income in the

33

state in excess of $500.

34

     (d) Composite return.

 

LC000763 - Page 93 of 541

1

     (1) A pass-through entity may file a composite income tax return on behalf of electing

2

nonresident members reporting and paying income tax at the state's highest marginal rate on the

3

members' pro rata or distributive shares of income of the pass-through entity from doing business

4

in, or deriving income from sources within, this State.

5

     (2) A nonresident member whose only source of income within a state is from one or

6

more pass-through entities may elect to be included in a composite return filed pursuant to this

7

section.

8

     (3) A nonresident member that has been included in a composite return may file an

9

individual income tax return and shall receive credit for tax paid on the member's behalf by the

10

pass-through entity.

11

     (e) Partnership Level Audit

12

     (1) A partnership shall report final federal adjustments pursuant to IRC section

13

6225(a)(2) arising from a partnership level audit or an administrative adjustment request and

14

make payments by filing the applicable supplemental return as prescribed under § 44-11-

15

2.2(e)(1)(ii), and as required under § 44-11-19(b), in lieu of taxes owed by its direct and indirect

16

partners.

17

     (i) Failure of the audited partnership or tiered partner to report final federal adjustments

18

pursuant to IRC section 6225(a) and 6225(c) or pay does not prevent the Ttax Aadministrator

19

from assessing the audited partnership, direct partners or indirect partners for taxes they owe,

20

using the best information available, in the event that a partnership or tiered partner fails to timely

21

make any report or payment required by § 44-11-19(b) for any reason.

22

     (ii) The tax administrator may promulgate rules and regulations, not inconsistent with

23

law, to carry into effect the provisions of this chapter.

24

     44-11-19. Supplemental returns -- Additional tax or refund.

25

     (a) Any taxpayer which fails to include in its return any items of income or assets or any

26

other information required by this chapter or by regulations prescribed in pursuance of this

27

chapter shall make a supplemental return disclosing these facts. Except in the case of final federal

28

adjustments that are required to be reported by a partnership and its partners using the procedures

29

under section (b) below, Aany taxpayer whose return to the collector of internal revenue, or

30

whose net income returned, shall be changed or corrected by any official of the United States

31

government in any respect affecting a tax imposed by this chapter including a return or other

32

similar report filed pursuant to IRC section 6225(c)(2), shall, within sixty (60) days after receipt

33

of a notification of the final adjustment and determination of the change or correction, make the

34

supplemental return required by this section (a).

 

LC000763 - Page 94 of 541

1

     (b) Except for the distributive share of adjustments that have been reported as required

2

under section (a), partnerships and partners shall, within one hundred and eighty (180) days after

3

receipt of notification of the final federal adjustments arising from a partnership level audit or an

4

administrative adjustment, make the supplemental return and make payments as required by this

5

section (b).

6

     (b)c Upon the filing of a supplemental return the tax administrator shall examine the

7

return and shall determine any additional tax or refund that may be due and shall notify the

8

taxpayer. Any additional tax shall be paid within fifteen (15) days after the notification together

9

with interest at the annual rate provided by § 44-1-7 from the original due date of the return for

10

the taxable year to the date of payment of the additional tax. Any refund shall be made by the tax

11

administrator together with interest at the annual rate provided by § 44-1-7.1 from the date of

12

payment of the tax to the date of the refund.

13

     SECTION 25. Sections 44-30-59, 44-30-71.2, 44-30-71.4 and 44-30-84 of the General

14

Laws in Chapter 44-30 entitled "Personal Income Tax" are hereby amended to read as follows:

15

     44-30-59. Report of change in federal taxable income.

16

     (a) Subject to regulations of the tax administrator, if the amount of a taxpayer's federal

17

taxable income reported on his or her federal income tax return for any taxable year beginning on

18

or after January 1, 1971, is changed or corrected by the United States Internal Revenue Service or

19

other competent authority, or as the result of a renegotiation of a contract or subcontract with the

20

United States, the taxpayer shall report the change or correction in federal taxable income within

21

ninety (90) days after the final determination of the change, correction, or renegotiation, or as

22

otherwise required by the tax administrator, and shall concede the accuracy of the determination

23

or state wherein it is erroneous. Any taxpayer filing an amended federal income tax return shall

24

also file within ninety (90) days thereafter an amended Rhode Island personal income tax return

25

and shall give any information that the tax administrator may require.

26

     (b) In the case of a partnership level audit pursuant to § 44-11-2.2(e)(1), partners shall,

27

within one hundred and eighty days (180) days after receipt of notification of the final federal

28

adjustments arising from a partnership level audit or an administrative adjustment, make the

29

supplemental return and make payments as required by this subsection (b).

30

     44-30-71.2. Withholding of tax from lottery and pari-mutuel betting winnings.

31

     (a) The director of lotteries shall deduct and withhold from the prize money, income from

32

casino gambling or income from sports wagering revenue as prescribed by 42-61.2-1, of any

33

person winning a prize from the state lottery, casino gambling or sports wagering, a tax computed

34

in such a manner as to result, so far as practicable, in an amount substantially equivalent to the tax

 

LC000763 - Page 95 of 541

1

reasonably estimated to be due resulting from the inclusion in the individual's Rhode Island

2

income of his or her prize money received during the calendar year. The method of determining

3

the amount to be withheld shall be prescribed by regulations of the tax administrator, which

4

regulations and amounts shall be based upon the federal rules, regulations and procedures.

5

     (b) Every licensee conducting or operating events upon which pari-mutuel betting is

6

allowed shall deduct and withhold from the winnings of any person a tax computed in such

7

manner as to result, so far as practicable, in an amount substantially equivalent to the tax

8

reasonably estimated to be due resulting from the inclusion in the individual's Rhode Island

9

income of his or her winnings received during the calendar year. The method of determining the

10

amount to be withheld shall be prescribed by regulations of the tax administrator, which

11

regulations and the amounts shall be based upon the federal rules, regulations and procedures.

12

     44-30-71.4. Employee leasing companies -- Payroll companies.

13

     (a) Employee leasing company certification.

14

     (1) Every "employee leasing company", defined in this section as any individual, firm,

15

partnership or corporation engaged in providing workers to employers or firms under a contract

16

or leasing arrangement, shall, as a condition of doing business in this state, be certified by the

17

division of taxation each year, that the company has complied with the withholding provisions of

18

chapter 30 of this title.

19

     (2) Employee leasing companies must apply to the division of taxation during the month

20

of July of each year on forms prescribed by the tax administrator for a certificate executed by the

21

tax administrator certifying that all taxes withheld from employees, or subject to withholding

22

from employees have been remitted to the division of taxation including the withholding

23

provisions of chapter 30 of this title and the contribution, interest, and penalty provisions pursuant

24

to the Employment Security Act, chapters 42 -- 44 of title 28, and the Temporary Disability

25

Insurance Act, chapters 39 -- 41 of title 28 have been remitted to the department of labor and

26

training. No certificate shall be issued if taxes subject to withholding or contributions have not

27

been withheld and remitted.

28

     (3) No employee leasing firm may conduct business in this state without the certification

29

prescribed in subdivision (2) of this subsection. Any employer or firm that engages any employee

30

leasing company that is not certified by the tax administrator shall be jointly and severally liable

31

for the taxes required to be withheld and remitted under § 44-30-71 or chapters 39 -- 44 of title

32

28.

33

     (b) Payroll companies -- Joint liability. Every payroll company, herein defined as any

34

individual, firm, partnership or corporation engaging in providing payroll services to employers

 

LC000763 - Page 96 of 541

1

which services include the withholding of tax including the withholding provisions of chapter 30

2

of this title and the contribution, interest, and penalty provisions pursuant to the Employment

3

Security Act, chapters 42 -- 44 of title 28, and the Temporary Disability Insurance Act, chapters

4

39 -- 41 of title 28 from employee wages and which receives moneys from a customer or

5

employer for Rhode Island withholding from the wages of the customer's employees, and who

6

fails to remit said withholding to the division of taxation or contributions to the department of

7

labor and training on a timely basis, shall be jointly and severally liable with the customer or

8

employer for said withholdings.

9

     44-30-84. Interest on underpayment.

10

     (a) General.

11

     (1) If any amount of Rhode Island personal income tax, including any amount of the tax

12

withheld by an employer, is not paid on or before the due date, interest on the amount at the

13

annual rate provided by § 44-1-7 shall be paid for the period from the due date to the date paid,

14

whether or not any extension of time for payment was granted. The interest shall not be paid if its

15

amount is less than two dollars ($2.00).

16

     (2) Interest prescribed under this section may be waived by the tax administrator in the

17

event the underpayment results from the state's closing of banks and credit unions in which the

18

taxpayer's monies are deposited and the taxpayer has no other funds from which to pay his or her

19

tax.

20

     (b) Estimated tax. If an individual fails to file a declaration of estimated Rhode Island

21

personal income tax as required by § 44-30-55, or to pay any installment of the tax as required by

22

§ 44-30-56, the individual shall pay interest at the annual rate provided by § 44-1-7 for the period

23

the failure continues, until the fifteenth day of the fourth month following the close of the taxable

24

year. The interest in respect of any unpaid installment shall be computed on the amount by which

25

his or her actual payments and credits in respect of the tax are less than eighty percent (80%) of

26

the installment at the time it is due. Notwithstanding the foregoing, no interest shall be payable if

27

one of the exceptions specified in 26 U.S.C. § 6654(d)(1) or (2) would apply if the exceptions

28

referred to the corresponding Rhode Island tax amounts and returns.

29

     (c) Payment prior to notice of deficiency. If, prior to the mailing to the taxpayer of notice

30

of deficiency under § 44-30-81, the tax administrator mails to the taxpayer a notice of proposed

31

increase of tax and within thirty (30) days after the date of the notice of the proposed increase the

32

taxpayer pays all amounts shown on the notice to be due to the tax administrator, no interest

33

under this section on the amount so paid shall be imposed for the period after the date of the

34

notice of proposed increase.

 

LC000763 - Page 97 of 541

1

     (d) Payment within ten (10) days after notice and demand. If notice and demand is made

2

for payment of any amount, and the amount is paid within ten (10) days after the effective date of

3

the notice and demand under § 44-30-81(b), interest under this section on the amount so paid

4

shall not be imposed for the period after the date of the notice and demand.

5

     (e) Suspension of interest on deficiencies. If a waiver of restrictions on assessment of a

6

deficiency has been filed by the taxpayer, and if notice and demand by the tax administrator for

7

payment of the deficiency is not made within thirty (30) days after the filing of the waiver,

8

interest shall thereupon cease to accrue until the date of notice and demand.

9

     (f) Interest treated as tax. Interest under this section shall be paid upon notice and demand

10

and shall be assessed, collected, and paid in the same manner as the tax, except that interest under

11

subsection (b) of this section may be assessed without regard to the restrictions of § 44-30-81.

12

     (g) No interest on interest. No interest shall be imposed on any interest provided in this

13

section.

14

     (h) Interest on civil penalties and additions to tax. Interest shall be imposed under

15

subsection (a) of this section in respect of any assessable civil penalty or addition to tax only if

16

the assessable penalty or addition to tax is not paid within fifteen (15) days from the effective

17

date of notice and demand therefor under § 44-30-81(b), and in that case interest shall be imposed

18

only for the period from the effective date of the notice and demand to the date of payment.

19

     (i) Tax reduced by carryback. If the amount of tax for any taxable year is reduced by

20

reason of a carryback of a net operating loss, the reduction in tax shall not affect the computation

21

of interest under this section for the period ending with the last day of the taxable year in which

22

the net operating loss arises.

23

     (j) Limitation on assessment or collection. Interest prescribed under this section may be

24

assessed or collected at any time during the period within which the tax or other amount to which

25

the interest relates may be assessed or collected.

26

     (k) Interest on erroneous refund. Any portion of tax or other amount which has been

27

erroneously refunded, and which is recoverable by the tax administrator, shall bear interest at the

28

annual rate provided by § 44-1-7 from the date of the payment of the refund.

29

     (l) Timely Deposits for Withheld Tax. If an entity fails to remit withheld tax at the times

30

prescribed by the tax administrator, there may be interest assessed at the annual rate provided by

31

§ 44-1-7 for the period the failure continues, until the thirty-first day of the first month following

32

the close of the taxable year. The interest with respect to any failed remittances shall be computed

33

as prescribed by the tax administrator.

34

     SECTION 26. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is

 

LC000763 - Page 98 of 541

1

hereby amended by adding thereto the following section:

2

     44-30-85.1. Electronic filing of withholding tax returns and penalties.

3

     (1) Beginning on January 1, 2020, every employer required to deduct and withhold tax

4

under this chapter, who had an average tax amount of two hundred dollars ($200) or more per

5

month for the previous calendar year, shall file a return and remit said payments by electronic

6

funds transfer or other electronic means as defined by the tax administrator. The tax administrator

7

shall adopt any rules necessary to administer a program of electronic funds transfer or other

8

electronic filing system.

9

     (2) Beginning on January 1, 2020, if any person fails to pay said taxes by electronic funds

10

transfer or other electronic means defined by the tax administrator as required hereunder, there

11

shall be added to the amount of tax the lesser of five percent (5%) of the withheld tax payment

12

amount that was not filed electronically or five hundred dollars ($500), whichever is less, unless

13

there was reasonable cause for the failure and such failure was not due to negligence or willful

14

neglect.

15

     (3) Notwithstanding the provisions of 44-30-85(j)(2), beginning on January 1, 2020, if

16

any person fails to file a return by electronic means defined by the tax administrator as required

17

hereunder, there shall be added to the amount of tax equal to fifty dollars ($50), unless there was

18

reasonable cause for the failure and such failure was not due to negligence or willful neglect.

19

     SECTION 27. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

20

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

21

     45-19-1. Salary payment during line of duty illness or injury.

22

     (a) Whenever any police officer of the Rhode Island Airport Corporation or whenever

23

any police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal,

24

or deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or

25

partially incapacitated by reason of injuries received or sickness contracted in the performance of

26

his or her duties or due to their rendering of emergency assistance within the physical boundaries

27

of the state of Rhode Island at any occurrence involving the protection or rescue of human life

28

which necessitates that they respond in a professional capacity when they would normally be

29

considered by their employer to be officially off-duty, the respective city, town, fire district, state

30

of Rhode Island or Rhode Island Airport Corporation by which the police officer, fire fighter,

31

crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is

32

employed, shall, during the period of the incapacity, pay the police officer, fire fighter, crash

33

rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or

34

wage and benefits to which the police officer, fire fighter, crash rescue crewperson, fire marshal,

 

LC000763 - Page 99 of 541

1

chief deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been

2

incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or

3

treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary

4

period, except that if any city, town, fire district, the state of Rhode Island or Rhode Island

5

Airport Corporation provides the police officer, fire fighter, crash rescue crewperson, fire

6

marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related

7

treatment, services, or equipment, then the city, town, fire district, the state of Rhode Island or

8

Rhode Island Airport Corporation is only obligated to pay the difference between the maximum

9

amount allowable under the insurance coverage and the actual cost of the treatment, service, or

10

equipment. In addition, the cities, towns, fire districts, the state of Rhode Island or Rhode Island

11

Airport Corporation shall pay all similar expenses incurred by a member who has been placed on

12

a disability pension and suffers a recurrence of the injury or illness that dictated his or her

13

disability retirement, subject to the provisions of subsection (j) herein.

14

     (b) As used in this section, "police officer" means and includes any chief or other

15

member of the police department of any city or town regularly employed at a fixed salary or wage

16

and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

17

environmental police officer or criminal investigator of the department of environmental

18

management, or airport police officer.

19

     (c) As used in this section, "fire fighter" means and includes any chief or other member of

20

the fire department or rescue personnel of any city, town, or fire district, and any person

21

employed as a member of the fire department of the town of North Smithfield, or fire department

22

or district in any city or town.

23

     (d) As used in this section, "crash rescue crewperson" means and includes any chief or

24

other member of the emergency crash rescue section, division of airports, or department of

25

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

26

     (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

27

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

28

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

29

23.

30

     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

31

Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title shall

32

be subject to the provisions of chapters 29 -- 38 of title 28 for all case management procedures

33

and dispute resolution for all benefits.

34

     (g) In order to receive the benefits provided for under this section, a police officer or

 

LC000763 - Page 100 of 541

1

firefighter must prove to their employer that he or she had reasonable grounds to believe that

2

there was an emergency which required an immediate need for their assistance for the protection

3

or rescue of human life.

4

     (h) Any claims to the benefits provided for under this section resulting from the rendering

5

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

6

rescue of human life while off-duty, shall first require those covered by this section to submit a

7

sworn declaration to their employer attesting to the date, time, place and nature of the event

8

involving the protection or rescue of human life causing the professional assistance to be rendered

9

and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

10

declarations shall also be required from any available witness to the alleged emergency involving

11

the protection or rescue of human life.

12

     (i) All declarations required under this section shall contain the following language:

13

     "Under penalty of perjury, I declare and affirm that I have examined this declaration,

14

including any accompanying schedules and statements, and that all statements contained herein

15

are true and correct."

16

     (j) Any person receiving injured on-duty benefits pursuant to this section, and subject to

17

the jurisdiction of the state retirement board for accidental retirement disability, for an injury

18

occurring on or after July 1, 2011, shall apply for an accidental disability retirement allowance

19

from the state retirement board not later than the later of eighteen (18) months after the date of the

20

person's injury that resulted in said person's injured on duty status or sixty (60) days from the date

21

on which a the treating physician or an independent medical examiner certifies that the person has

22

reached maximum medical improvement, and in any event not later than eighteen (18) months

23

after the date of the person’s injury that resulted in said person being on injured on-duty. Nothing

24

herein shall be construed to limit or alter any and all rights of the parties with respect to

25

independent medical examination or otherwise, as set forth in the applicable collective bargaining

26

agreement. Notwithstanding the forgoing, any person receiving injured on duty benefits as the

27

result of a static and incapacitating injury whose permanent nature is readily obvious and

28

ascertainable shall be required to apply for an accidental disability retirement allowance within

29

sixty (60) days from the date on which a the treating physician or an independent medical

30

examiner certifies that the person's injury is permanent, or sixty (60) days from the date on which

31

such determination of permanency is made in accordance with the independent medical

32

examination procedures as set forth in the applicable collective bargaining agreement.

33

     (1) If a person with injured on duty status fails to apply for an accidental disability

34

retirement allowance from the state retirement board within the time frame set forth above, that

 

LC000763 - Page 101 of 541

1

person's injured on duty payment shall terminate. Further, any person suffering a static and

2

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

3

disability benefit allowance as set forth in subsection (j) shall have his or her injured on duty

4

payment terminated.

5

     (2) A person who so applies shall continue to receive injured on duty payments, and the

6

right to continue to receive IOD injured on-duty payments of a person who so applies shall

7

terminate upon final adjudication by the state retirement board approving or denying either

8

ordinary or accidental disability payments and, notwithstanding §45-21.2-9, this termination of

9

injured on duty benefits shall not be stayed. in the event of a final ruling of the workers

10

compensation court allowing accidental disability benefits. Nothing herein shall be construed to

11

limit or alter any and all rights of the parties with respect to independent medical examination or

12

otherwise, as set forth in the applicable collective bargaining agreement.

13

     (3)(a) Notwithstanding any other provision of law, all persons entitled to benefits under

14

this section who were injured prior to July 1, 2019 and who have been receiving injured on duty

15

benefits pursuant to this section for a period of eighteen (18) months or longer as of July 1, 2019

16

shall have up to ninety (90) days from July 1, 2019 to apply for an accidental disability retirement

17

benefit allowance. Any person receiving injured on-duty benefits for a period less than eighteen

18

(18) months as of July 1, 2019 shall apply for an accidental disability retirement benefit

19

allowance within eighteen (18) months of the date of injury that resulted in said person receiving

20

injured on-duty pay, provided however, said person shall have a minimum of ninety (90) days to

21

apply.

22

     Applications for disability retirement received by the state retirement board by any

23

person employed by the State of Rhode Island receiving injured on-duty payments that shall be

24

deemed untimely pursuant to §36-10-14(b) shall have ninety (90) days from July 1, 2019 to apply

25

for an accidental disability retirement benefit allowance. Failure to apply for an accidental

26

disability retirement benefit allowance within the timeframe set forth herein shall result in the

27

termination of injured on duty benefits.

28

     (b) Any person who is currently receiving injured on-duty payments and who has been

29

denied or approved for an ordinary or accidental disability benefit based on a final adjudication of

30

the state retirement board, shall have injured on-duty payments terminated and, if approved, shall

31

receive benefits consistent with the award of an ordinary or accidental disability as applicable.

32

     (4) If awarded an accidental disability pension, any person employed by the state of

33

Rhode Island covered under this section shall receive benefits consistent with §36-10-15.

34

     SECTION 28. Effective Date. Sections 14, 15, 16, and 17 of this article shall take effect

 

LC000763 - Page 102 of 541

1

September 1, 2019. The remaining sections of this article shall take effect upon passage.

2

ARTICLE 4

3

RELATING TO GOVERNMENT REORGANIZATION

4

     SECTION 1. In any General or Special Law of the State of Rhode Island, and specifically

5

in Title 28, Chapters 39, 40, 42 and 43 of the General Laws of Rhode Island, 1956, as amended,

6

reference to the collection of temporary disability insurance, employment security taxes or job

7

development fund by the tax administrator and/or the division of taxation within the department

8

of administration or the department of revenue shall be construed to refer to the department of

9

labor and training. In any reference in Title 28, Chapters 39, 40, 42, and 43, any reference to the

10

tax administrator and/or the division of taxation within the department of administration or

11

department of revenue concerning with reference to the collection of revenues or any other duties

12

shall be construed to refer to the director of the department of labor and training. Any revenue

13

collection or any other duties conferred upon the tax administrator and/or division of taxation

14

within the department of administration or the department of revenue and/or by said Title 28,

15

Chapters 39, 40, 42 and 43 shall be construed to refer to the department of labor and training or

16

the director of the department of labor and training. The tax administrator within the department

17

of revenue division of taxation and the director of the department of labor and training shall be

18

authorized to share information under Title 28, Chapter 39, 40, 42, 43 and Title 44 for purposes

19

of tax administration and shall enter into a written memorandum of understanding to facilitate tax

20

administration.

21

     SECTION 2. The law revision director of the joint committee on legislative services is

22

authorized and empowered to make appropriate changes in said Title 28, Chapters 39, 40, 42 and

23

43 and any other section of the laws to carry out the intent of this act.

24

     SECTION 3. Chapter 30-17.1 of the General Laws entitled "Veterans' Affairs" is hereby

25

amended by adding thereto the following sections:

26

     30-17.1-14. Assistance on veterans claims.

27

     The office shall prepare and present before the veterans benefit administration of the

28

United States all legal claims of veterans for compensation, disability allowance, insurance, and

29

pensions of veterans of World War I, and all other veterans to whom benefits have been extended

30

pursuant to the provisions of chapter 22 of title 30, entitled "Extension of Veterans Benefits,"

31

who had a legal residence in this state at the time of entrance into the service or who have been

32

qualified electors in this state for two (2) years preceding the application for aid, and their

33

personal representatives or dependents, or both, and shall render to such persons reasonable

34

assistance in the preparation and presentation of any of those claims and shall perform such other

 

LC000763 - Page 103 of 541

1

duties as may be required by law. The office shall render such assistance without charge to the

2

claimant.

3

     30-17.1-15. Special veterans' funds.

4

     The director of the office shall have control and supervision over any special funds

5

provided for decorating and installing metal markers on the graves of soldiers, sailors, airmen,

6

and marines, for the burial of honorably discharged soldiers, for the assistance of World War I

7

veterans, and other expenditures relating to veteran soldiers, sailors, airmen, and marines.

8

     SECTION 4. Sections 30-17.1-1, 30-17.1-4, 30-17.1-6, 30-17.1-7, 30-17.1-9, 30-17.1-10,

9

30-17.1-11 and 30-17.1-13 of the General Laws in Chapter 30-17.1 entitled "Veterans' Affairs"

10

are hereby amended to read as follows:

11

     30-17.1-6. Establishment of the office of veterans' affairs; director.

12

     (a) There is hereby established within the executive branch of government an office of

13

veterans' affairs. The director of the office of veterans' affairs shall be a person qualified through

14

experience and training and shall be an honorably discharged war veteran of the United States

15

armed forces. The director of the office of veterans' affairs shall be appointed by and report

16

directly to the governor, but the office shall reside within the department of human services

17

executive office of health and human services for administrative purposes.

18

     (b) The director of veterans' affairs shall have all such powers, consistent with law, as are

19

necessary and/or convenient to effectuate the purposes of this chapter and to administer its

20

functions, including, but, not limited to, the power to promulgate and adopt regulations. The

21

director shall have authority to apply for, receive, and administer grants and funds from the

22

federal government and all other public and private entities to accomplish the purposes of the

23

office.

24

     30-17.1-7. Annual report to general assembly.

25

     The director of veterans' affairs shall report annually, no later than January 31st of each

26

year, to the governor, speaker of the house of representatives, the senate president, and house and

27

senate finance committees, setting forth, in detail, the condition of the veterans' home, any

28

veterans' cemetery authorized and established by the general assembly, and in general the

29

character of the work of veterans' affairs the office, and shall render in the report a faithful

30

account of all moneys received and expended by the director of human services secretary of the

31

office of health and human services and by the office of veterans' affairs in the execution of the

32

provisions of this chapter and chapter 24 of this title, excepting the names of persons to whom

33

they have furnished assistance which shall be omitted.

34

     30-17.1-10. Veterans' services strategic plan advisory committee established.

 

LC000763 - Page 104 of 541

1

     (a) There is hereby created a veterans' services strategic plan advisory committee known

2

as "the Rhode Island veterans' services strategic plan advisory committee" consisting of fourteen

3

(14) members as follows:

4

     (1) One of whom shall be the director of the office of veterans' affairs, or his or her

5

designee, who shall serve as chairperson;

6

     (2) One of whom shall be the director of the department of human services secretary of

7

the executive office of health and human services, or his or her designee;

8

     (3) One of whom shall be the executive director of the public transit authority, or his or

9

her designee;

10

     (4) One of whom shall be the postsecondary education commissioner, or his or her

11

designee;

12

     (5) One of whom shall be the director of the department of behavioral healthcare,

13

developmental disabilities and hospitals, or his or her designee;

14

     (6) One of whom shall be the director of the department of health, or his or her designee;

15

     (7) One of whom shall be the director of the division office of elderly affairs, or his or her

16

designee;

17

     (8) One of whom shall be the director of the department of business regulation, or his or

18

her designee;

19

     (9) One of whom shall be the chief judge of the district court, or his or her designee;

20

     (10) One of whom shall be the director of the department of labor and training, or his or

21

her designee;

22

     (11) One of whom shall be the director of the Rhode Island commerce corporation, or his

23

or her designee;

24

     (12) One of whom shall be the secretary of state, or his or her designee;

25

     (13) One of whom shall be the adjutant general of the Rhode Island national guard, or his

26

or her designee; and

27

     (14) One of whom shall be a representative for Rhode Island municipal governments.

28

     (b) Forthwith upon the passage of this chapter, the members of the advisory committee

29

shall meet at the call of the chairperson and organize. Thereafter, the committee shall meet at the

30

call of the chairperson or three (3) members of the advisory committee.

31

     (c) All departments and agencies of the state shall furnish such advice and information,

32

documentation, and otherwise to the committee and its agents as is deemed necessary or desirable

33

by the advisory committee to facilitate the purposes of this chapter.

34

     (d) The office of veterans' affairs is hereby directed to provide suitable quarters and staff

 

LC000763 - Page 105 of 541

1

for the advisory committee.

2

     (e) [Deleted by P.L. 2017, ch. 131, § 1 and P.L. 2017, ch. 152, § 1].

3

     (f) The members of the advisory committee shall receive no compensation for their

4

services.

5

     30-17.1-11. The duties of the committee.

6

     (a) The advisory committee, acting through the office of veterans' affairs, shall work in

7

conjunction with the department of human services executive office of health and human services

8

to develop, maintain, and annually update a five-year (5) statewide veterans' services strategic

9

plan ("VSSP") that includes goals and measurable outcomes to ensure that all departments deliver

10

comprehensive services and supports for veterans and their families.

11

     (b) The advisory committee shall conduct an analysis of study toward the development of

12

the "VSSP" that shall include, but not be limited to, the following veterans' issues:

13

     (1) Living in poverty;

14

     (2) Disability benefits;

15

     (3) Employment and training;

16

     (4) Education;

17

     (5) Family members and caregivers;

18

     (6) Financial planning;

19

     (7) Homelessness;

20

     (8) Legal services;

21

     (9) Long-term care;

22

     (10) Mortuary affairs;

23

     (11) Healthcare;

24

     (12) Transitional assistance; and

25

     (13) Transportation.

26

     (c) The chairperson of the committee shall consult regularly with veterans and

27

community groups that represent diverse interests and viewpoints and the federal department of

28

veterans' affairs, to receive input on all matters pertaining to the preparation or implementation of

29

the veterans' services strategic plan.

30

     (d) The "VSSP" shall:

31

     (1) Be based upon comprehensive data gained through open and transparent engagement

32

of veterans' stakeholders;

33

     (2) Produce veteran-centric policies and procedures informed by forward looking

34

planning;

 

LC000763 - Page 106 of 541

1

     (3) Realistically assess resource adequacy and capabilities delivered;

2

     (4) Ensure that existing resources are aligned to mission critical objectives;

3

     (5) Complement, as well as leverage, existing U.S. Veterans' Administration programs

4

and best practices;

5

     (6) Foster state, federal, and private partnerships that seamlessly deliver exceptional

6

services to the state's veteran population; and

7

     (7) More effectively coordinate the delivery of veterans' services to all current and future

8

veterans in Rhode Island.

9

     SECTION 5. Sections 30-24-1, 30-24-2, 30-24-5, 30-24-6, 30-24-9 and 30-24-10 of the

10

General Laws in Chapter 30-24 entitled "Rhode Island Veterans' Home" are hereby amended to

11

read as follows:

12

     30-24-1. Management and control.

13

     The management and control of the Rhode Island veterans' home, established in this state

14

for those who served in the army, navy, marine corps, coast guard, merchant marines, or air force

15

of the United States in any war or conflict and were honorably discharged therefrom, who shall

16

be in need of such care as is provided at the home, shall be the responsibility of the director of

17

human services secretary of the executive office of health and human services, or his or her

18

designee.

19

     30-24-2. Bylaws and regulations -- Supervision by director.

20

     (a) The director of human services secretary of the executive office of health and human

21

services, or his or her designee, shall have the general supervision over, and shall prescribe rules

22

for, the government and management of the Rhode Island veterans' home. He or she shall make

23

all needful bylaws and regulations governing the admission, maintenance, and discharge of the

24

residents of the home, which shall not be inconsistent with the spirit and intent of this chapter,

25

and generally may do all things necessary to successfully carry into effect the purposes of this

26

chapter.

27

     (b) The director director of human services secretary of the executive office of health and

28

human services shall appoint and employ all subordinate officials and persons needed for the

29

proper management of the home.

30

     30-24-6. Acceptance of gifts -- Veterans' home restricted account.

31

     (a) The director of human services secretary of the executive office of health and human

32

services is hereby authorized and empowered to take and receive in the name of the state any

33

grant, devise, gift, or bequest of real or personal property that may be made for the use and

34

benefit of the Rhode Island veterans' home or the residents or purposes thereof. All money so

 

LC000763 - Page 107 of 541

1

received, and all money received under the provisions of §§ 30-24-9 and 30-24-10, shall be paid

2

over to the general treasurer and shall be kept by him or her as a restricted account to be known as

3

the "veterans' home restricted account". Use of the "veterans' home restricted account" funds may

4

only be made upon prior approval of the house of representatives' finance committee and senate

5

finance committee. The director, secretary of the executive office of health and human services

6

may sell and dispose of any real or personal property received under this section, and any

7

property received under § 30-24-9, and the proceeds of the sale shall be paid over to the general

8

treasurer to be made a part of the restricted account. The restricted account shall be used for the

9

improvement of social, recreational, and educational programs, including the purchase of

10

educational and recreational supplies and equipment for the welfare of members and for

11

operational expenses and capital improvements at the veterans' home and veterans' cemetery, as

12

deemed necessary by the director of human services secretary of the executive office of health

13

and human services.

14

     (b) [Deleted by P.L. 1999, ch. 11, section 5.]

15

     (c) Notwithstanding the provisions of subsection (a) of this section, there is hereby

16

established a restricted receipt account within the general fund of the state for the sole purpose of

17

the collection and disbursement of any grant, devise, gift, or bequest of real or personal property

18

that may be made for the use and benefit of the design, construction, and furnishing of a new

19

Rhode Island veterans home in Bristol. This account shall be known as "donations -- new

20

veterans' home construction".

21

     30-24-9. Property of deceased residents.

22

     All goods, chattels, property, money, and effects of a deceased resident of the Rhode

23

Island veterans' home that have not been disposed of by him or her by a completed inter vivos

24

conveyance or gift, or by a valid will, after payment therefrom of the funeral expenses, which

25

shall not exceed ten thousand dollars ($10,000), and after payment therefrom of the reasonable

26

debts and expenses of the deceased resident to be determined by rules and regulations as shall be

27

adopted by the director, shall upon his or her decease become the property of the state, and shall

28

be applied by the director of human services secretary of the executive office of health and human

29

services, or his or her designee, to the uses and purposes of the veterans' restricted account;

30

provided, however, that the director may, in his or her discretion, deliver to any surviving relative

31

of the deceased resident any of the property or effects as may serve as a memento of the deceased

32

resident. For purposes of this section, the provisions of chapter 24 of title 33 shall be applicable.

33

     30-24-10. Admissible to home -- Fees.

34

     (a) Any person who has served in the army, navy, marine corps, coast guard, or air force

 

LC000763 - Page 108 of 541

1

of the United States for a period of ninety (90) days or more and that period began or ended

2

during any foreign war in which the United States shall have been engaged or in any expedition

3

or campaign for which the United States government issues a campaign medal, and who was

4

honorably discharged from it, and who shall be deemed to be in need of care provided at the

5

Rhode Island veterans' home, may be admitted to that facility subject to such rules and

6

regulations as shall be adopted by the director of human services secretary of the executive office

7

of health and human services to govern the admission of applicants to the facility. Any person

8

who has served in the armed forces of the United States designated herein and otherwise

9

qualified, who has served less than the ninety-day (90) period described in this section, and who

10

was honorably discharged from service, and who, as a result of the service, acquired a service-

11

connected disability or disease, may be admitted. No person shall be admitted to the facility

12

unless the person has been accredited to the enlistment or induction quota of the state or has

13

resided in the state for at least two (2) consecutive years next prior to the date of the application

14

for admission to the facility.

15

     (b)(1) The director secretary of the executive office of health and human services shall, at

16

the end of each fiscal year, determine the net, per-diem expenses of maintenance of residents in

17

the facility and shall assess against each resident who has "net income", as defined in this section,

18

a fee equal to eighty percent (80%) of the resident's net income, provided that fee shall not exceed

19

the actual cost of care and maintenance for the resident; and provided that an amount equal to

20

twenty percent (20%) of the maintenance fee assessed shall be allocated to, and deposited in, the

21

veterans' restricted account. For the purposes of this section, "net income" is defined as gross

22

income minus applicable federal and state taxes and minus:

23

     (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty

24

percent (50%) of any sum received due to wounds incurred under battle conditions for which the

25

resident received the purple heart; and

26

     (ii) The amount paid by a resident for the support and maintenance of his or her spouse,

27

parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as

28

defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 -- 1383d, subject to a

29

maximum amount to be determined by rules and regulations as shall be adopted by the director.

30

     (2) The fees shall be paid monthly to the home and any failure to make payment when

31

due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded

32

administrative due process.

33

     (c) Admissions to the veterans' home shall be made without discrimination as to race,

34

color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender

 

LC000763 - Page 109 of 541

1

identity or expression, assets, or income.

2

     (d) Laundry services shall be provided to the residents of the Rhode Island veterans'

3

home at no charge to the residents, with such funds to cover the cost of providing laundry

4

services for residents of the Rhode Island veterans' home derived from monies appropriated to the

5

department of human services executive office of health and human services.

6

     SECTION 6. Sections 30-25-8, 30-25-9, 30-25-10, 30-25-11, 30-25-12, 30-25-13 and 30-

7

25-14 of the General Laws in Chapter 30-25 entitled "Burial of Veterans" are hereby amended to

8

read as follows:

9

     30-25-8. Maintenance of north cemetery.

10

     The director of human services secretary of the executive office of health and human

11

services shall be custodian of the Rhode Island soldiers' burial lots, and the monument and grave

12

markers thereon, located in the north cemetery in the town of Bristol. He or she shall, from time

13

to time, cause such work to be done as may be necessary in keeping the lots, monuments, and

14

markers in good condition and repair.

15

     30-25-9. Expenses of north cemetery.

16

     The director of human services secretary of the executive office of health and human

17

services, is authorized to make such expenditures as may be necessary in carrying out the

18

purposes of § 30-25-8, and the state controller is hereby authorized and directed upon receipt of

19

proper vouchers approved by the state director of human services secretary of the executive

20

office of health and human services, to draw orders upon the general treasurer for the payment of

21

such sums as may be required, from the funds under the control of the director of human services

22

secretary of the executive office of health and human services, known as the veterans' home,

23

restricted account.

24

     30-25-10. Care of neglected graves.

25

     The director of human services secretary of the executive office of health and human

26

services is authorized and empowered to undertake the care of any grave of any soldier or sailor

27

who fought in the war of the revolution, or who at any time served the United States in any war,

28

when the grave appears to have been neglected or abandoned. For that purpose, the director

29

secretary, and the agents or employees of the division office, when duly authorized thereunto by

30

the director secretary, may enter into and upon any public or private cemetery or burial place to

31

clear any grave of grass, weeds, brush, briars, or rubbish; to erect, replace, repair, or renovate

32

fences, memorial stones, or markers; and to perform the other tasks as may be necessary to

33

restore and maintain the grave and its surroundings in a decent and orderly condition.

34

     30-25-11. Consent of custodian of neglected grave.

 

LC000763 - Page 110 of 541

1

     When any cemetery or burial place containing a neglected grave is found by the director

2

of human services secretary of the executive office of health and human services, or the agents or

3

employees of the division division executive office, to be under the custody or control of some

4

private owner or public authority, then the director secretary shall obtain permission, in writing,

5

from the person or persons having custody or control before entering into and upon the cemetery

6

or burial place; provided, that if no person or persons can be found having the custody or control

7

of the cemetery or burial place, the director secretary shall assume the right of entry and shall

8

perform the duties specified in § 30-25-10, without further notice.

9

     30-25-12. Appropriations for care of graves.

10

     The general assembly shall, from time to time, appropriate such sums as it may deem

11

necessary to be expended by the director of human services secretary of the executive office of

12

health and human services in carrying out the purposes of §§ 30-25-10 and 30-25-11, and the

13

state controller is hereby authorized and directed, upon the receipt of the proper vouchers

14

approved by the director director secretary, to draw orders upon the general treasurer for the

15

payment of such sums as may be required, within the amount appropriated therefor.

16

     30-25-13. Acceptance and administration of gifts.

17

     The director of human services secretary of the executive office of health and humans

18

services may accept in the name of the state, and may administer, any devise, bequest, or gift that

19

is to be expended for the general purposes of this chapter. All sums received by devise, bequest,

20

or gift from any person or corporation shall be deposited with the general treasurer, and by him or

21

her kept in a special fund, to be known as "the veterans' cemetery fund", and held subject to the

22

order of the director.

23

     30-25-14. Rhode Island veterans' memorial cemetery.

24

     (a) The Rhode Island veterans' memorial cemetery, located on the grounds of the Joseph

25

H. Ladd school in the town of Exeter, shall be under the management and control of the director

26

of the department of human services director of the department of human services secretary of the

27

executive office of health and human services. The director of the department of human services

28

secretary of the executive office of health and human services shall appoint an administrator for

29

the Rhode Island veterans' memorial cemetery who shall be an honorably discharged veteran of

30

the United States Armed Forces and shall have the general supervision over, and shall prescribe

31

rules for, the government and management of the cemetery. He or she shall make all needful rules

32

and regulations governing the operation of the cemetery and generally may do all things

33

necessary to ensure the successful operation thereof. The director secretary shall promulgate rules

34

and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the eligibility

 

LC000763 - Page 111 of 541

1

for burial in the Rhode Island veterans' memorial cemetery. In addition to all persons eligible for

2

burial pursuant to rules and regulations established by the director, any person who served in the

3

army, navy, air force, or marine corps of the United States for a period of not less than two (2)

4

years and whose service was terminated honorably, shall be eligible for burial in the Rhode Island

5

veterans' memorial cemetery. The director secretary shall appoint and employ all subordinate

6

officials and persons needed for the proper management of the cemetery. National guard

7

members who are killed in the line of duty or who are honorably discharged after completion of

8

at least twenty (20) years' of service in the Rhode Island national guard and their spouse shall be

9

eligible for interment in the Rhode Island veterans' memorial cemetery. For the purpose of

10

computing service under this section, honorable service in the active forces or reserves shall be

11

considered toward the twenty (20) years of national guard service. The general assembly shall

12

make an annual appropriation to the department of human services executive office of health and

13

human services to provide for the operation and maintenance for the cemetery. The director

14

secretary shall charge and collect a grave liner fee per interment of the eligible spouse and/or

15

eligible dependents of the qualified veteran equal to the department's cost for the grave liner.

16

     (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans'

17

memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing

18

ear signal dogs or any other service animal, as required by federal law or any personal assistance

19

animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this

20

section shall be subject to a fine of not less than five hundred dollars ($500).

21

     (c) The state of Rhode Island office of veterans' affairs shall bear the cost of all tolls

22

incurred by any motor vehicles that are part of a veteran's funeral procession, originating from

23

Aquidneck Island ending at the veterans' memorial cemetery, for burial or internment. The

24

executive director of the turnpike and bridge authority shall assist in the administration and

25

coordination of this toll reimbursement program.

26

     SECTION 7. Section 30-27-1 of the General Laws in Chapter 30-27 entitled "Veterans'

27

Organizations" is hereby repealed as follows.

28

     30-27-1. Appropriations for annual encampment of Spanish war veterans.

29

     The general assembly shall annually appropriate such sum as it may deem necessary to

30

defray the expenses of the annual encampment of the united spanish war veterans, department of

31

Rhode Island, to be expended under the direction of the department of human services or of any

32

other department as the general assembly shall indicate and direct at any future time; and the

33

controller is hereby authorized and directed to draw orders upon the general treasurer for the

34

payment of that sum, or so much thereof as may be necessary from time to time, upon the receipt

 

LC000763 - Page 112 of 541

1

by the controller of proper vouchers approved by the director of human services, or such other

2

approving authority as the general assembly may direct.

3

     SECTION 8. Section 30-28-10 of the General Laws in Chapter 30-28 entitled

4

"Monuments and Memorials" is hereby amended to read as follows:

5

     30-28-10. Rhode Island veterans memorial chapel.

6

     The Rhode Island Veterans Memorial Chapel Building Fund, Inc. is hereby authorized to

7

construct a nonsectarian memorial chapel in the Rhode Island veterans cemetery located in

8

Exeter, Rhode Island; provided, however, that the plans for the memorial chapel shall be

9

approved by the director of administration; provided further that the Rhode Island Veterans

10

Memorial Chapel Building Fund, Inc. grant to the state all of its right, title, and interest in the

11

chapel; and provided further that the management and control of the chapel shall be with the

12

director of the department of human services secretary of the executive office of health and

13

human services.

14

     SECTION 9. Sections 31-38-7 and 31-38-18 of the General Laws in Chapter 31-38

15

entitled "Inspection of Motor Vehicles" are hereby amended to read as follows:

16

     31-38-7. Operation of official stations.

17

     (a) No permit for an official station shall be assigned or transferred or used at any

18

location other than designated in it, and the permit shall be posted in a conspicuous place at the

19

designated location.

20

     (b) The state certified person operating an official inspection station shall issue a

21

certificate of inspection and approval upon an official form to the owner of a vehicle upon

22

inspection of the vehicle and determining that its equipment required under the provisions of this

23

chapter is in good condition and proper adjustment, otherwise, no certificate shall be issued. A

24

record and report shall be made of every inspection and every certificate issued. The records shall

25

be kept available for review by the motor vehicle inspection station commission or those

26

employees of the department of revenue that the director may designate.

27

     (c) The following fees shall be charged for inspection and issuance of certificate of

28

inspection and approval:

29

     (1) For every vehicle with a registered gross weight of not more than eight thousand five

30

hundred pounds (8,500 lbs.), the fee shall be included with the fee charged pursuant to § 31-47.1-

31

11;

32

     (2) For every vehicle of a registered gross weight of more than eight thousand five

33

hundred pounds (8,500 lbs.) or more, except trailers, fifteen dollars ($15.00);

34

     (3) For every motorcycle and electrically powered vehicle, eleven dollars ($11.00);

 

LC000763 - Page 113 of 541

1

     (4) For every trailer or semi-trailer with a registered gross weight of more than one

2

thousand pounds (1,000 lbs.), eleven dollars ($11.00); and

3

     (5) Provided that for the inspection of vehicles used for the transportation of persons for

4

hire, as provided in § 31-22-12, and subject to an inspection pursuant to chapter 47.1 of this title,

5

the fee shall be included with the fee charged pursuant to § 31-47.1-11.

6

     (d) The director of the department of revenue may establish a state inspection facility at

7

which any motor vehicle may be reinspected at no cost to the owner. The state inspection facility

8

may inspect all public conveyance vehicles or these inspections may be otherwise provided for by

9

the director, or any other vehicles which in the opinion of the director of revenue, or his or her

10

designee, require specific testing to ensure for the health and safety of the general public.

11

     (e) Any other inspections or activities which may be required to be performed at a state

12

inspection facility may be performed at any official inspection station if determined by the

13

director.

14

     31-38-18. Conduct of hearings.

15

     The director of the department of revenuecommission shall hold and conduct hearings in

16

accordance with § 31-38-17. These hearings shall be governed by rules to be adopted by the

17

director of the department of revenuecommission, and the director of the department of

18

revenuecommission shall not be bound by technical rules of evidence. The director of the

19

department of revenuecommission may subpoena witnesses and require the producing of

20

documental evidence, and shall sit as an impartial independent body in order to make decisions

21

affecting the interest of the motor vehicle inspection owner and/or operator. The concurrence of a

22

majority of the members present and voting of the commission is required for a decision.

23

     SECTION 10. Sections 31-38-15 and 31-38-16 of the General Laws in Chapter 31-38

24

entitled "Inspection of Motor Vehicles" are hereby repealed.

25

     31-38-15. Motor vehicle inspection commission.

26

     (a) Within the department of revenue there shall be a motor vehicle inspection

27

commission, referred to in this chapter as the "commission", which shall function as a unit in the

28

department. The commission shall consist of seven (7) members who shall be appointed by the

29

governor, with the advice and consent of the senate. In making said appointments, the governor

30

shall give due consideration to including in the commission's membership one or more garage

31

keeper(s) and/or inspection station owner(s).

32

     (b) The tenure of all members of the commission as of the effective date of this act

33

[March 29, 2006] shall expire on the effective date of this act [March 29, 2006], and the governor

34

shall nominate seven (7) new members as follows:

 

LC000763 - Page 114 of 541

1

     (1) The governor shall appoint seven (7) members of the commission; three (3) of whom

2

shall serve initial terms of three (3) years; two (2) of whom shall serve an initial term of two (2)

3

years; and two (2) of whom shall serve an initial term of one year.

4

     (2) Thereafter, all members of the commission shall be appointed to serve three (3) year

5

terms.

6

     (c) The governor shall designate one member of the commission to serve as chairperson.

7

The commission may elect from among its members such other officers as they deem necessary.

8

     (d) No person shall be eligible for appointment to the commission after the effective date

9

of this act [March 29, 2006] unless he or she is a resident of this state.

10

     (e) Four (4) members of the commission shall constitute a quorum.

11

     (f) Members of the commission shall be removable by the governor pursuant to the

12

provisions of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or

13

personal reasons unrelated to capacity of fitness for the office shall be unlawful.

14

     (g) Within ninety (90) days after the end of each fiscal year, the commission shall

15

approve and submit an annual report to the governor, the speaker of the house of representatives,

16

the president of the senate, and the secretary of state of its activities during that fiscal year. The

17

report shall provide: an operating statement summarizing meetings or hearings held, including

18

meeting minutes, subjects addressed, decisions rendered, licenses considered and their

19

disposition, rules or regulations promulgated, studies conducted, policies and plans developed,

20

approved or modified and programs administered or initiated; a consolidated financial statement

21

of all funds received and expended including the source of the funds, a listing of any staff

22

supported by these funds and a summary of any clerical, administrative or technical support

23

received; a summary of performance during the previous fiscal year including accomplishments,

24

shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters

25

related to the authority of the commission; a summary of any training courses held pursuant to the

26

provisions of this section; a briefing on anticipated activities in the upcoming fiscal year; and

27

findings and recommendations for improvements. The report shall be posted electronically on the

28

general assembly and secretary of state's websites as prescribed in § 42-20-8.2. The director of

29

the department of revenue shall be responsible for the enforcement of the provisions of this

30

subsection.

31

     (h) To conduct a training course for newly appointed and qualified members within six

32

(6) months of their qualification or designation. The course shall be developed by the chair of the

33

commission, approved by the commission, and conducted by the chair of the commission. The

34

commission may approve the use of any commission or staff members or other individuals to

 

LC000763 - Page 115 of 541

1

assist with training. The training course shall include instruction in the following areas: the

2

provisions of chapters 42-46, 36-14, and 38-2; and the commission's rules and regulations. The

3

director of the department of revenue shall, within ninety (90) days of the effective date of this act

4

[March 29, 2006], prepare and disseminate training material relating to the provisions of chapters

5

42-46, 36-14, and 38-2.

6

     31-38-16. Meetings -- Compensation.

7

     The commission shall meet at least once a month to consider any matters that may be

8

proper before it. The members of the commission shall receive no compensation for their

9

services, but each member shall be reimbursed for traveling or other expenses that are actually

10

incurred in the discharge of the member's duties.

11

     SECTION 11. Sections 35-1.1-1 through 35-1.1-5 of the General Laws in Chapter 35-1.1

12

entitled "Office of Management and Budget" are hereby amended to read as follows:

13

     35-1.1-1. Statement of intent.

14

     The purpose of this chapter is to establish a comprehensive public finance and

15

management system for the State of Rhode Island that manages a data-driven budget process,

16

monitors state departments' and agencies' performance, maximizes the application for and use of

17

federal grants improves the regulatory climate and ensures accountability and transparency

18

regarding the use of public funds and regulatory impact.

19

     35-1.1-2. Establishment of the office of management and budget.

20

     There is hereby established within the department of administration an office of

21

management and budget. This office shall serve as the principal agency of the executive branch of

22

state government for managing budgetary functions, regulatory review, performance

23

management, internal audit, and federal grants management. In this capacity, the office shall:

24

     (1) Establish an in-depth form of data analysis within and between departments and

25

agencies, creating a more informed process for resource allocation to best meet the needs of

26

Rhode Island citizens;

27

     (2) Identify federal grant funding opportunities to support the governor's and general

28

assembly's major policy initiatives and provide technical assistance with the application process

29

and post-award grants management;

30

     (2) Analyze the impact of proposed regulations on the public and state as required by

31

chapters 42-64.13 and 42-35;

32

     (3) Analyze federal budgetary issues and report on potential impacts to the state;

33

     (4) Coordinate the budget functions of the state with performance management

34

objectives;

 

LC000763 - Page 116 of 541

1

     (5) Maximize efficiencies in departments, agencies, advisory councils, and

2

instrumentalities of the state by improving processes and prioritizing programs;

3

     (6) Be responsible for the internal audit function of state government and conduct audits

4

of any state department, state agency, or private entity that is a recipient of state funding or state

5

grants; provide management advisory and consulting services; or conduct investigations relative

6

to the financial affairs or the efficiency of management, or both, of any state department or

7

agency.

8

     35-1.1-3. Director of management and budget -- Appointment and responsibilities.

9

     (a) Within the department of administration there shall be a director of management and

10

budget who shall be appointed by the director of administration with the approval of the

11

governor. The director shall be responsible to the governor and director of administration for

12

supervising the office of management and budget and for managing and providing strategic

13

leadership and direction to the budget officer, the performance management office, and the

14

federal grants management office.

15

     (b) The director of management and budget shall be responsible to:

16

     (1) Oversee, coordinate, and manage the functions of the budget officer as set forth by

17

chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of

18

agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt

19

of federal monies as set forth by chapter 41 of title 42;

20

     (2) Oversee the director of regulatory reform as set forth by § 42-64.13-6;

21

     (2) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse

22

for the application of federal grants;

23

     (3) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; and

24

     (4) Undertake a comprehensive review and inventory of all reports filed by the executive

25

office and agencies of the state with the general assembly. The inventory should include, but not

26

be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific

27

audience of the reports; and a schedule of the reports' release. The inventory shall be presented to

28

the general assembly as part of the budget submission on a yearly basis. The office of

29

management and budget shall also make recommendations to consolidate, modernize the reports,

30

and to make recommendations for elimination or expansion of each report.

31

     35-1.1-4. Offices and functions assigned to the office of management and budget --

32

Powers and duties.

33

     (a) The offices assigned to the office of management and budget include the budget

34

office, the office of regulatory reform, the performance management office, and the office of

 

LC000763 - Page 117 of 541

1

internal audit, and the federal grants management office.

2

     (b) The offices assigned to the office of management and budget shall:

3

     (1) Exercise their respective powers and duties in accordance with their statutory

4

authority and the general policy established by the governor or by the director acting on behalf of

5

the governor or in accordance with the powers and authorities conferred upon the director by this

6

chapter;

7

     (2) Provide such assistance or resources as may be requested or required by the governor

8

and/or the director;

9

     (3) Provide such records and information as may be requested or required by the

10

governor and/or the director, to the extent allowed under the provisions of any applicable general

11

or public law, regulation, or agreement relating to the confidentiality, privacy, or disclosure of

12

such records or information; and

13

     (c) Except as provided herein, no provision of this chapter or application thereof shall be

14

construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement

15

or complying with any valid rule or regulation.

16

     35-1.1-5. Federal grants management.

17

     (a) The office of management and budget controller shall be responsible for managing

18

federal grant applications, providing administrative assistance to agencies regarding reporting

19

requirements, providing technical assistance and approving agreements with federal agencies

20

pursuant to § 35-1-1. The director controller shall:

21

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

22

programs;

23

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

24

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

25

Budget;

26

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

27

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

28

applications for federal grants;

29

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

30

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

31

the federal government to submit a report to the director controller of expenditures and program

32

measures for the fiscal period in question;

33

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

34

regarding Legislative appropriation authority and delegation thereof;

 

LC000763 - Page 118 of 541

1

     (6) Assist the state controller in managing and overseeing overseeingManage and

2

oversee the disbursements of federal funds in accordance with § 35-6-42;

3

     (7) Assist the state controller in the preparation of Prepare the statewide cost allocation

4

plan and serve as the monitoring agency to ensure that state departments and agencies are

5

working within the guidelines contained in the plan; and,

6

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

7

state audit findings and recommendations made by the Auditor General related to Federal

8

funding.

9

     (b) The office of management and budget Accounts and control shall serve as the Sstate

10

Cclearinghouse for purposes of coordinating federal grants, aid and assistance applied for and/or

11

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

12

state department, agency, advisory council, or instrumentality of the state applying for federal

13

funds, aids, loans, or grants shall file a summary notification of the intended application with the

14

director controller.

15

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

16

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

17

stating:

18

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

19

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

20

     (iii) The growth of the program;

21

     (iv) How the program will be evaluated;

22

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

23

restricted; and,

24

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

25

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

26

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

27

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

28

management and budget or their designated agents prior to its filing with the appropriate federal

29

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

30

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

31

the future, when funds have not been appropriated for that express purpose, must be approved by

32

the General Assembly in accordance with § 42-41-5. When the general assembly is not in session,

33

the application shall be reported to and reviewed by the Director pursuant to rules and regulations

34

promulgated by the Director.

 

LC000763 - Page 119 of 541

1

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

2

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

3

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

4

reimburse an agency for indirect costs, as provided for under federal OMB Circular A-

5

87requirements.

6

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

7

or federal funds from the State Treasury as the result of any application which is not approved as

8

provided by this section, or in regard to which the statement or reports required by this section

9

were not filed.

10

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

11

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

12

     SECTION 12. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts

13

and Control" is hereby amended to read as follows:

14

     35-6-1. Controller -- Duties in general.

15

     (a) Within the department of administration there shall be a controller who shall be

16

appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall

17

be responsible for accounting and expenditure control and shall be required to:

18

     (1) Administer a comprehensive accounting and recording system which will classify the

19

transactions of the state departments and agencies in accordance with the budget plan;

20

     (2) Maintain control accounts for all supplies, materials, and equipment for all

21

departments and agencies except as otherwise provided by law;

22

     (3) Prescribe a financial, accounting, and cost accounting system for state departments

23

and agencies;

24

     (4) Identify federal grant funding opportunities to support the governor's and general

25

assembly's major policy initiatives and provide technical assistance with the application process

26

and post-award grants management;

27

     (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse

28

for the application of federal grants;

29

     (4)(6) Preaudit all state receipts and expenditures;

30

     (5)(7) Prepare financial statements required by the several departments and agencies, by

31

the governor, or by the general assembly;

32

     (6) (8) Approve the orders drawn on the general treasurer; provided, that the preaudit of

33

all expenditures under authority of the legislative department and the judicial department by the

34

state controller shall be purely ministerial, concerned only with the legality of the expenditure and

 

LC000763 - Page 120 of 541

1

availability of the funds, and in no event shall the state controller interpose his or her judgment

2

regarding the wisdom or expediency of any item or items of expenditure;

3

     (7)(9) Prepare and timely file, on behalf of the state, any and all reports required by the

4

United States, including, but not limited to, the internal revenue service, or required by any

5

department or agency of the state, with respect to the state payroll; and

6

     (8)(10) Prepare a preliminary closing statement for each fiscal year. The controller shall

7

forward the statement to the chairpersons of the house finance committee and the senate finance

8

committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

9

September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

10

of the appropriations act, whichever is later. The report shall include but is not limited to:

11

     (i) A report of all revenues received by the state in the completed fiscal year, together

12

with the estimates adopted for that year as contained in the final enacted budget, and together

13

with all deviations between estimated revenues and actual collections. The report shall also

14

include cash collections and accrual adjustments;

15

     (ii) A comparison of actual expenditures with each of the actual appropriations, including

16

supplemental appropriations and other adjustments provided for in the Rhode Island General

17

Laws;

18

     (iii) A statement of the opening and closing surplus in the general revenue account; and

19

     (iv) A statement of the opening surplus, activity, and closing surplus in the state budget

20

reserve and cash stabilization account and the state bond capital fund.

21

     (b) The controller shall provide supporting information on revenues, expenditures, capital

22

projects, and debt service upon request of the house finance committee chairperson, senate

23

finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

24

     (c) Upon issuance of the audited annual financial statement, the controller shall provide a

25

report of the differences between the preliminary financial report and the final report as contained

26

in the audited annual financial statement.

27

     (d) The controller shall create a special fund not part of the general fund and shall deposit

28

amounts equivalent to all deferred contributions under this act into that fund. Any amounts

29

remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

30

transfer such amounts into the retirement system as appropriate.

31

     (e) The controller shall implement a direct deposit payroll system for state employees.

32

     (i) There shall be no service charge of any type paid by the state employee at any time

33

which shall decrease the net amount of the employee's salary deposited to the financial institution

34

of the personal choice of the employee as a result of the use of direct deposit.

 

LC000763 - Page 121 of 541

1

     (ii) Employees hired after September 30, 2014, shall participate in the direct deposit

2

system. At the time the employee is hired, the employee shall identify a financial institution that

3

will serve as a personal depository agent for the employee.

4

     (iii) No later than June 30, 2016, each employee hired before September 30, 2014, who is

5

not a participant in the direct deposit system, shall identify a financial institution that will serve as

6

a personal depository agent for the employee.

7

     (iv) The controller shall promulgate rules and regulations as necessary for

8

implementation and administration of the direct deposit system, which shall include limited

9

exceptions to required participation.

10

     SECTION 13. Chapter 39-3 of the General Laws entitled "Regulatory Powers of

11

Administration" is hereby amended by adding thereto the following section:

12

     39-3-45. Transfer of powers, functions and resources from the water resources

13

board. (a) There are hereby transferred to the division of public utilities and carriers those

14

powers and duties formerly administered by the department of administration and/or the

15

employees of the water resources board as provided for in chapter 46-15 (“Water Resources

16

Management”) through 46-15.8 (“Water Use and Efficiency Act”), inclusive, and any other

17

applicable provisions of the general laws.

18

     (b) Unless otherwise specified by statute, all resources of the water resources board,

19

including, but not limited to, property, employees and accounts, are hereby transferred to the

20

division of public utilities and carriers effective July 1, 2019.

21

     (c) As part of the above transfer, except for the general manager, all employees of the

22

water resources board currently subject to the provisions of chapter 4 of title 36 shall continue to

23

be subject to those provisions.

24

     SECTION 14. Sections 40-1-4 and 40-1-6 of the General Laws in Chapter 40-1 entitled

25

"Department of Human Services" are hereby amended to read as follows:

26

     40-1-4. Organization of department.

27

     All functions, services, and duties of the department of human services shall be organized

28

by the director with the approval of the governor as to:

29

     (1) Community services to include generally and specifically the administration of all

30

forms of human services excluding child welfare services, which are the responsibility of the

31

department of children, youth, and families.

32

     (2) Management services to include generally and specifically all central management,

33

financial, forms of relief, and other services concerned with the business and servicing operations

34

of the department.

 

LC000763 - Page 122 of 541

1

     (3) Veterans' affairs to include all forms of services to veterans of the armed forces. There

2

shall be within the department of human services a division of veterans' affairs.

3

     40-1-6. Officers required to be veterans.

4

     The respective officers appointed by the director of human services secretary of the

5

executive office of health and human services to be in charge of the state's administration of

6

veterans' relief, of graves' registration, and the commandant and the assistant commandant of the

7

Rhode Island veterans' home, in addition to any other qualifications required for their respective

8

positions as already provided in law, shall each be an honorably discharged war veteran of any

9

war in which the United States has been engaged.

10

     SECTION 15. Sections 42-6-1, 42-6-2 and 42-6-3 of the General Laws in Chapter 42-6

11

entitled "Departments of State Government" are hereby amended to read as follows:

12

     42-6-1. Enumeration of departments.

13

     All the administrative powers and duties heretofore vested by law in the several state

14

departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the

15

following departments and other agencies which are specified in this title:

16

     (a) Executive department (chapter 7 of this title);

17

     (b) Department of state (chapter 8 of this title);

18

     (c) Department of the attorney general (chapter 9 of this title);

19

     (d) Treasury department (chapter 10 of this title);

20

     (e) Department of administration (chapter 11 of this title);

21

     (f) Department of business regulation (chapter 14 of this title);

22

     (g) Department of children, youth and families (chapter 72 of this title);

23

     (h) Department of corrections (chapter 56 of this title);

24

     (i) Department of elderly affairs (chapter 66 of this title);

25

     (ji) Department of elementary and secondary education (chapter 60 of title 16);

26

     (kj) Department of environmental management (chapter 17.1 of this title);

27

     (lk) Department of health (chapter 18 of this title);

28

     (ml) Board of governors for higher education (chapter 59 of title 16);

29

     (nm) Department of labor and training (chapter 16.1 of this title);

30

     (on) Department of behavioral healthcare, developmental disabilities and hospitals

31

(chapter 12.1 of this title);

32

     (po) Department of human services (chapter 12 of this title);

33

     (qp) Department of transportation (chapter 13 of this title);

34

     (rq) Public utilities commission (chapter 14.3 of this title);

 

LC000763 - Page 123 of 541

1

     (sr) Department of revenue (chapter 142 of title 42);

2

     (ts) Department of public safety (chapter 7.3 of this title).

3

     42-6-2. Heads of departments.

4

     The governor, secretary of state, attorney general, and general treasurer, hereinafter

5

called general officers, shall each be in charge of a department. There shall also be a director of

6

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

7

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

8

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

9

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

10

affairs, and a director of corrections. Each director shall hold office at the pleasure of the

11

governor and he or she shall serve until his or her successor is duly appointed and qualified unless

12

the director is removed from office by special order of the governor.

13

     42-6-3. Appointment of directors.

14

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

15

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

16

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

17

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

18

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

19

elderly affairs, and a director of corrections. The governor shall, in all cases of appointment of a

20

director while the senate is in session, notify the senate of his or her appointment and the senate

21

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

22

senate shall, within sixty (60) legislative days, vote to disapprove the appointment it shall so

23

notify the governor, who shall forthwith appoint and notify the senate of the appointment of a

24

different person as director and so on in like manner until the senate shall fail to so vote

25

disapproval of the governor's appointment. If the senate shall fail, for sixty (60) legislative days

26

next after notice, to act upon any appointment of which it has been notified by the governor, the

27

person so appointed shall be the director. The governor may withdraw any appointment of which

28

he or she has given notice to the senate, at any time within sixty (60) legislative days thereafter

29

and before action has been taken thereon by the senate.

30

     (b) Except as expressly provided in § 42-6-9, no director of any department shall be

31

appointed or employed pursuant to any contract of employment for a period of time greater than

32

the remainder of the governor's current term of office. Any contract entered into in violation of

33

this section after July 1, 1994 is hereby declared null and void.

34

     SECTION 16. Sections 42-7.2-2, 42-7.2-4, 42-7.2-5, 42-7.2-6, 42-7.2-6.1, 42-7.2-9, 42-

 

LC000763 - Page 124 of 541

1

7.2-15 and 42-7.2-17 of the General Laws in Chapter 42-7.2 entitled "Office of Health and

2

Human Services" are hereby amended to read as follows:

3

     42-7.2-2. Executive office of health and human services.

4

     There is hereby established within the executive branch of state government an executive

5

office of health and human services to serve as the principal agency of the executive branch of

6

state government for managing the departments of children, youth and families, health, human

7

services, and behavioral healthcare, developmental disabilities and hospitals and offices of elder

8

and veterans’ affairs. In this capacity, the office shall:

9

     (a) Lead the state's four (4) health and human services departments and the offices of

10

elder and veterans’ affairs in order to:

11

     (1) Improve the economy, efficiency, coordination, and quality of health and human

12

services policy and planning, budgeting, and financing.

13

     (2) Design strategies and implement best practices that foster service access, consumer

14

safety, and positive outcomes.

15

     (3) Maximize and leverage funds from all available public and private sources, including

16

federal financial participation, grants, and awards.

17

     (4) Increase public confidence by conducting independent reviews of health and human

18

services issues in order to promote accountability and coordination across departments.

19

     (5) Ensure that state health and human services policies and programs are responsive to

20

changing consumer needs and to the network of community providers that deliver assistive

21

services and supports on their behalf.

22

     (6) Administer Rhode Island Medicaid in the capacity of the single state agency

23

authorized under title XIX of the U.S. Social Security Act, 42 U.S.C. § 1396a et seq., and

24

exercise such single state agency authority for such other federal and state programs as may be

25

designated by the governor. Except as provided for herein, nothing in this chapter shall be

26

construed as transferring to the secretary the powers, duties, or functions conferred upon the

27

departments or offices by Rhode Island general laws for the management and operations of

28

programs or services approved for federal financial participation under the authority of the

29

Medicaid state agency.

30

     (7) To act in conjunction with the department of behavioral healthcare, developmental

31

disabilities and hospitals as the state's co-designated agency (42 U.S.C. § 300x-30(a)) for

32

administering federal aid and for the purposes of the calculation of expenditures relative to the

33

substance-abuse block grant and federal funding maintenance of effort.

34

     42-7.2-4. Responsibilities of the secretary.

 

LC000763 - Page 125 of 541

1

     (a) The secretary shall be responsible to the governor for supervising the executive office

2

of health and human services and for managing and providing strategic leadership and direction

3

to the four (4) departments and two (2) offices.

4

     (b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the

5

directors of the departments within the executive office of health and human services. Directors

6

appointed to those departments shall continue to be subject to the advice and consent of the senate

7

and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c).

8

     42-7.2-5. Duties of the secretary.

9

     The secretary shall be subject to the direction and supervision of the governor for the

10

oversight, coordination and cohesive direction of state administered health and human services

11

and in ensuring the laws are faithfully executed, not withstanding any law to the contrary. In this

12

capacity, the Secretary of Health and Human Services shall be authorized to:

13

     (1) Coordinate the administration and financing of health-care benefits, human services

14

and programs including those authorized by the state's Medicaid section 1115 demonstration

15

waiver and, as applicable, the Medicaid State Plan under Title XIX of the U.S. Social Security

16

Act. However, nothing in this section shall be construed as transferring to the secretary the

17

powers, duties or functions conferred upon the departments by Rhode Island public and general

18

laws for the administration of federal/state programs financed in whole or in part with Medicaid

19

funds or the administrative responsibility for the preparation and submission of any state plans,

20

state plan amendments, or authorized federal waiver applications, once approved by the secretary.

21

     (2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid

22

reform issues as well as the principal point of contact in the state on any such related matters.

23

     (3)(a) Review and ensure the coordination of the state's Medicaid section 1115

24

demonstration waiver requests and renewals as well as any initiatives and proposals requiring

25

amendments to the Medicaid state plan or category two (II) or three (III) changes, as described in

26

the special terms and conditions of the state's Medicaid section 1115 demonstration waiver with

27

the potential to affect the scope, amount or duration of publicly-funded health-care services,

28

provider payments or reimbursements, or access to or the availability of benefits and services as

29

provided by Rhode Island general and public laws. The secretary shall consider whether any such

30

changes are legally and fiscally sound and consistent with the state's policy and budget priorities.

31

The secretary shall also assess whether a proposed change is capable of obtaining the necessary

32

approvals from federal officials and achieving the expected positive consumer outcomes.

33

Department and office directors shall, within the timelines specified, provide any information and

34

resources the secretary deems necessary in order to perform the reviews authorized in this

 

LC000763 - Page 126 of 541

1

section;

2

     (b) Direct the development and implementation of any Medicaid policies, procedures, or

3

systems that may be required to assure successful operation of the state's health and human

4

services integrated eligibility system and coordination with HealthSource RI, the state's health

5

insurance marketplace.

6

     (c) Beginning in 2015, conduct on a biennial basis a comprehensive review of the

7

Medicaid eligibility criteria for one or more of the populations covered under the state plan or a

8

waiver to ensure consistency with federal and state laws and policies, coordinate and align

9

systems, and identify areas for improving quality assurance, fair and equitable access to services,

10

and opportunities for additional financial participation.

11

     (d) Implement service organization and delivery reforms that facilitate service

12

integration, increase value, and improve quality and health outcomes.

13

     (4) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house

14

and senate finance committees, the caseload estimating conference, and to the joint legislative

15

committee for health-care oversight, by no later than March 15 of each year, a comprehensive

16

overview of all Medicaid expenditures outcomes, and utilization rates. The overview shall

17

include, but not be limited to, the following information:

18

     (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;

19

     (ii) Expenditures, outcomes and utilization rates by population and sub-population served

20

(e.g. families with children, persons with disabilities, children in foster care, children receiving

21

adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);

22

     (iii) Expenditures, outcomes and utilization rates by each state department or other

23

municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the

24

Social Security Act, as amended; and

25

     (iv) Expenditures, outcomes and utilization rates by type of service and/or service

26

provider.

27

     The directors of the departments or offices, as well as local governments and school

28

departments, shall assist and cooperate with the secretary in fulfilling this responsibility by

29

providing whatever resources, information and support shall be necessary.

30

     (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts

31

among departments and offices and their executive staffs and make necessary recommendations

32

to the governor.

33

     (6) Assure continued progress toward improving the quality, the economy, the

34

accountability and the efficiency of state-administered health and human services. In this

 

LC000763 - Page 127 of 541

1

capacity, the secretary shall:

2

     (i) Direct implementation of reforms in the human resources practices of the executive

3

office and the departments and offices that streamline and upgrade services, achieve greater

4

economies of scale and establish the coordinated system of the staff education, cross-training, and

5

career development services necessary to recruit and retain a highly-skilled, responsive, and

6

engaged health and human services workforce;

7

     (ii) Encourage EOHHS-wide consumer-centered approaches to service design and

8

delivery that expand their capacity to respond efficiently and responsibly to the diverse and

9

changing needs of the people and communities they serve;

10

     (iii) Develop all opportunities to maximize resources by leveraging the state's purchasing

11

power, centralizing fiscal service functions related to budget, finance, and procurement,

12

centralizing communication, policy analysis and planning, and information systems and data

13

management, pursuing alternative funding sources through grants, awards and partnerships and

14

securing all available federal financial participation for programs and services provided EOHHS-

15

wide;

16

     (iv) Improve the coordination and efficiency of health and human services legal functions

17

by centralizing adjudicative and legal services and overseeing their timely and judicious

18

administration;

19

     (v) Facilitate the rebalancing of the long term system by creating an assessment and

20

coordination organization or unit for the expressed purpose of developing and implementing

21

procedures EOHHS-wide that ensure that the appropriate publicly-funded health services are

22

provided at the right time and in the most appropriate and least restrictive setting;

23

     (vi) Strengthen health and human services program integrity, quality control and

24

collections, and recovery activities by consolidating functions within the office in a single unit

25

that ensures all affected parties pay their fair share of the cost of services and are aware of

26

alternative financing.

27

     (vii) Assure protective services are available to vulnerable elders and adults with

28

developmental and other disabilities by reorganizing existing services, establishing new services

29

where gaps exist and centralizing administrative responsibility for oversight of all related

30

initiatives and programs.

31

     (7) Prepare and integrate comprehensive budgets for the health and human services

32

departments and offices and any other functions and duties assigned to the office. The budgets

33

shall be submitted to the state budget office by the secretary, for consideration by the governor,

34

on behalf of the state's health and human services agencies in accordance with the provisions set

 

LC000763 - Page 128 of 541

1

forth in § 35-3-4 of the Rhode Island general laws.

2

     (8) Utilize objective data to evaluate health and human services policy goals, resource use

3

and outcome evaluation and to perform short and long-term policy planning and development.

4

     (9) Establishment of an integrated approach to interdepartmental information and data

5

management that complements and furthers the goals of the unified health infrastructure project

6

initiative and that will facilitate the transition to consumer-centered integrated system of state

7

administered health and human services.

8

     (10) At the direction of the governor or the general assembly, conduct independent

9

reviews of state-administered health and human services programs, policies and related agency

10

actions and activities and assist the department and office directors in identifying strategies to

11

address any issues or areas of concern that may emerge thereof. The office and department

12

directors shall provide any information and assistance deemed necessary by the secretary when

13

undertaking such independent reviews.

14

     (11) Provide regular and timely reports to the governor and make recommendations with

15

respect to the state's health and human services agenda.

16

     (12) Employ such personnel and contract for such consulting services as may be required

17

to perform the powers and duties lawfully conferred upon the secretary.

18

     (13) Assume responsibility for complying with the provisions of any general or public

19

law or regulation related to the disclosure, confidentiality and privacy of any information or

20

records, in the possession or under the control of the executive office or the departments and

21

offices assigned to the executive office, that may be developed or acquired or transferred at the

22

direction of the governor or the secretary for purposes directly connected with the secretary's

23

duties set forth herein.

24

     (14) Hold the director of each health and human services department and office

25

accountable for their administrative, fiscal and program actions in the conduct of the respective

26

powers and duties of their agencies.

27

     42-7.2-6. Departments assigned to the executive office -- Powers and duties.

28

     (a) The departments and offices assigned to the secretary shall:

29

     (1) Exercise their respective powers and duties in accordance with their statutory

30

authority and the general policy established by the governor or by the secretary acting on behalf

31

of the governor or in accordance with the powers and authorities conferred upon the secretary by

32

this chapter;

33

     (2) Provide such assistance or resources as may be requested or required by the governor

34

and/or the secretary; and

 

LC000763 - Page 129 of 541

1

     (3) Provide such records and information as may be requested or required by the

2

governor and/or the secretary to perform the duties set forth in subsection 6 of this chapter. Upon

3

developing, acquiring or transferring such records and information, the secretary shall assume

4

responsibility for complying with the provisions of any applicable general or public law,

5

regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or

6

information.

7

     (4) Forward to the secretary copies of all reports to the governor.

8

     (b) Except as provided herein, no provision of this chapter or application thereof shall be

9

construed to limit or otherwise restrict the department of children, youth and families, the

10

department of health, the department of human services, and the department of behavioral

11

healthcare, developmental disabilities and hospitals or the offices of elder and veterans’ affairs

12

from fulfilling any statutory requirement or complying with any valid rule or regulation.

13

     42-7.2-6.1. Transfer of powers and functions.

14

     (a) There are hereby transferred to the executive office of health and human services the

15

powers and functions of the departments with respect to the following:

16

     (1) Fiscal services including budget preparation and review, financial management,

17

purchasing and accounting and any related functions and duties deemed necessary by the

18

secretary;

19

     (2) Legal services including applying and interpreting the law, oversight to the rule-

20

making process, and administrative adjudication duties and any related functions and duties

21

deemed necessary by the secretary;

22

     (3) Communications including those functions and services related to government

23

relations, public education and outreach and media relations and any related functions and duties

24

deemed necessary by the secretary;

25

     (4) Policy analysis and planning including those functions and services related to the

26

policy development, planning and evaluation and any related functions and duties deemed

27

necessary by the secretary;

28

     (5) Information systems and data management including the financing, development and

29

maintenance of all data-bases and information systems and platforms as well as any related

30

operations deemed necessary by the secretary;

31

     (6) Assessment and coordination for long-term care including those functions related to

32

determining level of care or need for services, development of individual service/care plans and

33

planning, identification of service options, the pricing of service options and choice counseling;

34

and

 

LC000763 - Page 130 of 541

1

     (7) Program integrity, quality control and collection and recovery functions including any

2

that detect fraud and abuse or assure that beneficiaries, providers, and third-parties pay their fair

3

share of the cost of services, as well as any that promote alternatives to publicly financed

4

services, such as the long-term care health insurance partnership.

5

     (8) Protective services including any such services provided to children, elders and adults

6

with developmental and other disabilities;

7

     (9) [Deleted by P.L. 2010, ch. 23, art. 7, § 1].

8

     (10) The HIV/AIDS care and treatment programs.

9

     (11) The Office of Elder Affairs functions, formerly administered by the Department of

10

Human Services, and rules and regulations promulgated by the office.

11

     (12) The Office of Veterans’ Affairs functions, formerly administered by the Department

12

of Human Services, and rules and regulations promulgated by the office.

13

     (b) The secretary shall determine in collaboration with the department and office

14

directors whether the officers, employees, agencies, advisory councils, committees, commissions,

15

and task forces of the departments and offices who were performing such functions shall be

16

transferred to the office.

17

     (c) In the transference of such functions, the secretary shall be responsible for ensuring:

18

     (1) Minimal disruption of services to consumers;

19

     (2) Elimination of duplication of functions and operations;

20

     (3) Services are coordinated and functions are consolidated where appropriate;

21

     (4) Clear lines of authority are delineated and followed;

22

     (5) Cost-savings are achieved whenever feasible;

23

     (6) Program application and eligibility determination processes are coordinated and,

24

where feasible, integrated; and

25

     (7) State and federal funds available to the office and the entities therein are allocated and

26

utilized for service delivery to the fullest extent possible.

27

     (d) Except as provided herein, no provision of this chapter or application thereof shall be

28

construed to limit or otherwise restrict the departments of children, youth and families, human

29

services, health, and behavioral healthcare, developmental disabilities and hospitals or offices of

30

elder and veterans’ affairs from fulfilling any statutory requirement or complying with any

31

regulation deemed otherwise valid.

32

     (e) The secretary shall prepare and submit to the leadership of the house and senate

33

finance committees, by no later than January 1, 2010, a plan for restructuring functional

34

responsibilities across the departments to establish a consumer centered integrated system of

 

LC000763 - Page 131 of 541

1

health and human services that provides high quality and cost-effective services at the right time

2

and in the right setting across the life-cycle.

3

     42-7.2-9. Appointment of employees.

4

     The secretary, subject to the provisions of applicable state law, shall be the appointing

5

authority for all employees of the executive office of health and human services. The secretary

6

may assign this function to such subordinate officers and employees of the executive office as

7

may to him or her seem feasible or desirable. The appointing authority of the secretary provided

8

for herein shall not affect, interfere with, limit, or otherwise restrict the appointing authority

9

vested in the directors for the employees of the departments and offices under applicable general

10

and public laws.

11

     42-7.2-15. Applicability.

12

     Nothing in this chapter shall change, transfer or interfere with, or limit or otherwise

13

restrict the general assembly's sole authority to appropriate and re-appropriate fiscal resources to

14

the departments and offices; the statutory or regulatory duties of the directors of the departments

15

and offices, or the appointing authority for the employees of the departments and offices vested in

16

the directors under applicable general and public laws.

17

     42-7.2-17. Statutory reference to the office of health and human services.

18

     Notwithstanding other statutory references to the department of human services,

19

wherever in the general or public laws, or any rule or regulation, any reference shall appear to the

20

"department of human services" or to "department" as it relates to any responsibilities for and/or

21

to Medicaid, the office of elder affairs or the office of veterans’ affairs unless the context

22

otherwise requires, it shall be deemed to mean "the office of health and human services."

23

     SECTION 17. Section 42-11-10 of the General Laws in Chapter 42-11 entitled

24

"Department of Administration" is hereby amended to read as follows:

25

     42-11-10. Statewide planning program.

26

     (a) Findings. The general assembly finds that the people of this state have a fundamental

27

interest in the orderly development of the state; the state has a positive interest and demonstrated

28

need for establishment of a comprehensive, strategic state planning process and the preparation,

29

maintenance, and implementation of plans for the physical, economic, and social development of

30

the state; the continued growth and development of the state presents problems that cannot be met

31

by the cities and towns individually and that require effective planning by the state; and state and

32

local plans and programs must be properly coordinated with the planning requirements and

33

programs of the federal government.

34

     (b) Establishment of statewide planning program.

 

LC000763 - Page 132 of 541

1

     (1) A statewide planning program is hereby established to prepare, adopt, and amend

2

strategic plans for the physical, economic, and social development of the state and to recommend

3

these to the governor, the general assembly, and all others concerned.

4

     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

5

departments and agencies of the executive branch unless specifically exempted, shall be

6

conducted by or under the supervision of the statewide planning program. The statewide planning

7

program shall consist of a state planning council, and the division of planning, which shall be a

8

division within the department of administration.

9

     (c) Strategic planning. Strategic planning includes the following activities:

10

     (1) Establishing or identifying general goals.

11

     (2) Refining or detailing these goals and identifying relationships between them.

12

     (3) Formulating, testing, and selecting policies and standards that will achieve desired

13

objectives.

14

     (4) Preparing long-range or system plans or comprehensive programs that carry out the

15

policies and set time schedules, performance measures, and targets.

16

     (5) Preparing functional, short-range plans or programs that are consistent with

17

established or desired goals, objectives, and policies, and with long-range or system plans or

18

comprehensive programs where applicable, and that establish measurable, intermediate steps

19

toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

20

     (6) Monitoring the planning of specific projects and designing of specific programs of

21

short duration by the operating departments, other agencies of the executive branch, and political

22

subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

23

applicable strategic plans.

24

     (7) Reviewing the execution of strategic plans, and the results obtained, and making

25

revisions necessary to achieve established goals.

26

     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

27

with this section may be designated as elements of the state guide plan. The state guide plan shall

28

be comprised of functional elements or plans dealing with land use; physical development and

29

environmental concerns; economic development; housing production; energy supply, including

30

the development of renewable energy resources in Rhode Island, and energy access, use, and

31

conservation; human services; and other factors necessary to accomplish the objective of this

32

section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

33

range goals, policies, plans, and implementation activities related thereto. State agencies

34

concerned with specific subject areas, local governments, and the public shall participate in the

 

LC000763 - Page 133 of 541

1

state guide planning process, which shall be closely coordinated with the budgeting process.

2

     (e) Membership of state planning council. The state planning council shall consist of the

3

following members:

4

     (1) The director of the department of administration as chairperson;

5

     (2) The director, policy office, in the office of the governor, as vice-chairperson;

6

     (3) The governor, or his or her designee;

7

     (4) The budget officer;

8

     (5) The chairperson of the housing resources commission;

9

     (6) The highest-ranking administrative officer of the division of planning, as secretary;

10

     (7) The president of the Rhode Island League of Cities and Towns or his or her designee

11

and one official of local government who shall be appointed by the governor from a list of not

12

less than three (3) submitted by the Rhode Island League Cities and Towns;

13

     (8) The executive director of the Rhode Island League of Cities and Towns;

14

     (9) One representative of a nonprofit community development or housing organization

15

appointed by the governor;

16

     (10) Six (6) public members, appointed by the governor, one of whom shall be an

17

employer with fewer than fifty (50) employees and one of whom shall be an employer with

18

greater than fifty (50) employees;

19

     (11) Two (2) representatives of a private, nonprofit, environmental advocacy

20

organization, both to be appointed by the governor;

21

     (12) The director of planning and development for the city of Providence;

22

     (13) The director of the department of transportation;

23

     (14) The director of the department of environmental management;

24

     (15) The director of the department of health;

25

     (16) The chief executive officer of the commerce corporation;

26

     (17) The commissioner of the Rhode Island office of energy resources;

27

     (18) The chief executive officer of the Rhode Island public transit authority;

28

     (19) The executive director of Rhode Island housing; and

29

     (20) The executive director of the coastal resources management council.

30

     (f) Powers and duties of state planning council. The state planning council shall have the

31

following powers and duties:

32

     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

33

and to modify and amend any of these, following the procedures for notification and public

34

hearing set forth in § 42-35-3, and to recommend and encourage implementation of these goals to

 

LC000763 - Page 134 of 541

1

the general assembly, state and federal agencies, and other public and private bodies; approval of

2

strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

3

plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

4

Comprehensive Planning and Land Use Regulation Act";

5

     (2) To coordinate the planning and development activities of all state agencies, in

6

accordance with strategic plans prepared and adopted as provided for by this section;

7

     (3) To review and comment on the proposed annual work program of the statewide

8

planning program;

9

     (4) To adopt rules and standards and issue orders concerning any matters within its

10

jurisdiction as established by this section and amendments to it;

11

     (5) To establish advisory committees and appoint members thereto representing diverse

12

interests and viewpoints as required in the state planning process and in the preparation or

13

implementation of strategic plans. The state planning council shall appoint a permanent

14

committee comprised of:

15

     (i) Public members from different geographic areas of the state representing diverse

16

interests; and

17

     (ii) Officials of state, local, and federal government, who shall review all proposed

18

elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

19

advise the state planning council thereon before the council acts on any such proposal. This

20

committee shall also advise the state planning council on any other matter referred to it by the

21

council; and

22

     (6) To establish and appoint members to an executive committee consisting of major

23

participants of a Rhode Island geographic information system with oversight responsibility for its

24

activities.

25

     (7) To adopt, amend, and maintain, as an element of the state guide plan or as an

26

amendment to an existing element of the state guide plan, standards and guidelines for the

27

location of eligible, renewable energy resources and renewable energy facilities in Rhode Island

28

with due consideration for the location of such resources and facilities in commercial and

29

industrial areas, agricultural areas, areas occupied by public and private institutions, and property

30

of the state and its agencies and corporations, provided such areas are of sufficient size, and in

31

other areas of the state as appropriate.

32

     (8) To act as the single, statewide metropolitan planning organization for transportation

33

planning, and to promulgate all rules and regulations that are necessary thereto.

34

     (g) Division of planning.

 

LC000763 - Page 135 of 541

1

     (1) The division of planning shall be the principal staff agency of the state planning

2

council for preparing and/or coordinating strategic plans for the comprehensive management of

3

the state's human, economic, and physical resources. The division of planning shall recommend

4

to the state planning council specific guidelines, standards, and programs to be adopted to

5

implement strategic planning and the state guide plan and shall undertake any other duties

6

established by this section and amendments thereto.

7

     (2) The division of planning shall maintain records (which shall consist of files of

8

complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

9

adopted or issued by the state planning council under this section. The records shall be open to

10

the public.

11

     (3) The division of planning shall manage and administer the Rhode Island geographic

12

information system of land-related resources, and shall coordinate these efforts with other state

13

departments and agencies, including the University of Rhode Island, which shall provide

14

technical support and assistance in the development and maintenance of the system and its

15

associated data base.

16

     (4) The division of planning shall coordinate and oversee the provision of technical

17

assistance to political subdivisions of the state in preparing and implementing plans to accomplish

18

the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

19

plan and shall make available to cities and towns data and guidelines that may be used in

20

preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

21

elements thereby.

22

     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4].

23

     (i) The division of planning shall be the principal staff agency of the water resources

24

board established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water

25

resources board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply

26

Facilities").

27

     SECTION 18. Section 42-11-10.1 of the General Laws in Chapter 42-11 entitled

28

"Department of Administration" is hereby repealed.

29

     42-11-10.1. Transfer of powers, functions and resources from the water resources

30

board.

31

     (a) There are hereby transferred to the division of planning within the department of

32

administration those powers and duties formerly administered by the employees of the water

33

resources board as provided for in chapter 46-15 ("Water Resources Board") through 46-15.8

34

("Water Use and Efficiency Act"), inclusive, and any other applicable provisions of the general

 

LC000763 - Page 136 of 541

1

laws; provided, however, the governor shall submit to the 2012 assembly any recommended

2

statutory changes necessary to facilitate the merger.

3

     (b) All resources of the water resources board, including, but not limited to, property,

4

employees and accounts, are hereby transferred to the division of planning.

5

     (c) As part of the above transfer, except for the general manager, all employees of the

6

water resources board currently subject to the provisions of chapter 4 of title 36 shall continue to

7

be subject to those provisions.

8

     SECTION 19. Sections 42-12-1.3, 42-12-2, 42-12-5 and 42-12-7 of the General Laws in

9

Chapter 42-12 entitled "Department of Human Services" are hereby repealed.

10

     42-12-1.3. Transfer of functions from the department of elderly affairs.

11

     There is hereby transferred from the department of elderly affairs to the department of

12

human services the following function: to provide and coordinate the "elderly/disabled

13

transportation" program including a passenger cost sharing program as defined and provided for

14

under rules and regulations promulgated by the department.

15

     42-12-2. Management of institutions.

16

     The department of human services shall have the management, supervision, and control

17

of the adult correctional institutions, training school for boys, training school for girls, Doctor

18

Patrick I. O'Rourke children's center, and Rhode Island veterans' home, and such other functions

19

as have been or may be assigned. The department also shall operate, maintain and repair the

20

buildings, grounds, and other physical property at the institutions, other than the roads and

21

driveways thereof which shall be under the care and supervision of the department of

22

transportation.

23

     42-12-5. Assistance on veterans' claims.

24

     The department of human services shall also prepare and present before the Veterans

25

Administration of the United States all legal claims of veterans for compensation, disability

26

allowance, insurance and pensions of veterans of World War I, and all other veterans to whom

27

benefits have been extended pursuant to the provisions of chapter 22 of title 30 entitled

28

"Extension of Veterans' Benefits" who had a legal residence in this state at the time of entrance

29

into the service or who have been qualified electors in this state for two (2) years next preceding

30

the application for aid, and their personal representatives or dependents, or both, and shall render

31

to such persons reasonable assistance in the preparation and presentation of any of those claims

32

and shall perform such other duties as may be by law required. The department shall render such

33

assistance without charge to the claimant.

34

     42-12-7. Special veterans' funds.

 

LC000763 - Page 137 of 541

1

     The director of the department of human services shall have control and supervision over

2

any special funds provided for decorating and installing metal markers on the graves of soldiers,

3

sailors, airmen, and marines, for the burial of honorably discharged soldiers, for the assistance of

4

World War I veterans and other expenditures relating to veteran soldiers, sailors, airmen, and

5

marines.

6

     SECTION 20. Sections 42-12-23 and 42-12-23.1 of the General Laws in Chapter 42-12

7

entitled "Department of Human Services" are hereby amended to read as follows:

8

     42-12-23. Child care -- Planning and coordinating.

9

     (a) The department of human services shall be the principal agency of the state for the

10

planning and coordination of state involvement in the area of child care. To accomplish this

11

purpose, the department's duties shall include submitting an annual report to the governor and the

12

general assembly on the status of child care in Rhode Island.

13

     (b) The annual report of the department shall include, but not be limited to, the following

14

information:

15

     (1) The amount of state and federal funds spent on child care in each of the two (2)

16

preceding years;

17

     (2) The number of child care providers licensed; pursuant to the provisions of chapter

18

72.1 of this title;

19

     (3) The number of children served in state subsidized programs;

20

     (4) The number of taxpayers who have claimed the child care assistance and development

21

tax credit pursuant to chapter 47 of title 44;

22

     (5) The average cost for both infant and preschool child care;

23

     (6) An estimate of unmet needs for child care;

24

     (7) Information on child care staff salaries and training and education programs, and

25

     (8) Recommendations for any changes in child care public policy.

26

     (c) The department shall cooperate with the unit of the department of children, youth, and

27

families which licenses and monitors child care providers pursuant to the terms of chapter 72.1 of

28

this title.

29

     (d)(c) The department is hereby charged with the responsibility of assuring that a

30

statewide child care resource and referral system exists in this state to provide services and

31

consumer information to assist parents in locating and choosing licensed, approved and/or

32

certified providers, and to maintain data necessary for such referrals.

33

     42-12-23.1. Quality of early care and education and school-age child care through

34

voluntary quality rating system.

 

LC000763 - Page 138 of 541

1

     (a) There is hereby established a voluntary quality rating system which will assess quality

2

in early care and education programs and school-age child care. For purposes of this section,

3

early care and education programs and school-age child care shall mean programs licensed under

4

chapter 72.1, title 42 12.5, title 42 and approved under chapter 48, title 16, including without

5

limitation child care centers, family child care homes, group family child care homes, school-age

6

child care programs and preschools, but excluding child placement agencies. The voluntary

7

quality rating system is established to promote continuous quality improvement of programs and

8

to further the goals of Rhode Island's "starting right" initiative.

9

     (b) The department of human services, the department of children, youth and families, the

10

department of health, the department of elementary and secondary education and other partners

11

and agencies shall share information and work cooperatively with the Rhode Island quality rating

12

system, a public-private partnership, to ensure that Rhode Island children have access to quality

13

early care and education programs and school-age child care.

14

     (c) The voluntary quality rating system shall also provide a mechanism to gather data

15

about program quality, and shall report this information to parents, providers and other persons

16

interested in the quality of early care and education programs and school-age child care services

17

in Rhode Island.

18

     SECTION 21. Title 42 of the General Laws entitled "STATE AFFAIRS AND

19

GOVERNMENT" is hereby amended by adding thereto the following chapter:

20

CHAPTER 42-12.5

21

LICENSING AND MONITORING OF CHILD DAY CARE PROVIDERS

22

     42-12.5-1. Statement of purpose.

23

     (a) The director of the department of human services shall establish within the

24

department a unit to license and monitor child day care service providers to protect the health,

25

safety and wellbeing of children while being cared for as a commercial service and are away from

26

their homes.

27

     (b) Services for children requiring licensure under this chapter shall include all child day

28

care providers which offer services within the state, except as defined in § 42-12.5-5

29

     42-12.5-2. Definitions.

30

     As used in this chapter:

31

     (1) "Administrator of licensing" means the director of the licensing unit (or his/her

32

designee) that carries out the provisions of this chapter, hereafter referred to as the

33

"administrator".

34

     (2) "Applicant" means a child day care provider that applies for a license to operate.

 

LC000763 - Page 139 of 541

1

     (3) "Child" means any person less than eighteen (18) years of age;

2

     (4) "Child day care" means daily care and/or supervision offered commercially to the

3

public for any part of a twenty-four (24) hour day to children away from their homes.

4

     (5) "Child day care center" means any person, firm, corporation, association, or agency

5

who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the

6

purpose of care and/or supervision, not in a home or residence, apart from the child's parent or

7

guardian for any part of a twenty-four (24) hour day irrespective of compensation. It shall include

8

child day care programs that are offered to employees at the worksite. It does not include

9

preschool programs operating in schools approved by the commissioner of elementary and

10

secondary education.

11

     (6) "Child day care provider" means a person or agency, which offers daily care and/or

12

supervision offered commercially to the public for any part of a twenty-four (24) hour day to

13

children away from their homes.

14

     (7) "Department" means the department of human services (DHS).

15

     (8) "Director" means the director of the department of human services, or the director's

16

designee.

17

     (9) "Family day care home" means any home other than the child's home in which child

18

day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more

19

children who are not relatives of the care giver.

20

     (10) "Group family day care home" means a residence occupied by an individual of at

21

least twenty-one (21) years of age who provides care for not less than nine (9) and not more than

22

twelve (12) children, with the assistance of one or more approved adults, for any part of a twenty-

23

four (24) hour day. These programs shall be subject to yearly licensing as addressed in this

24

chapter and shall comply with all applicable state and local fire, health, and zoning regulations.

25

     (11) "Licensee" means any person, firm, corporation, association, or agency, which holds

26

a valid license under this chapter.

27

     (12) "Regulation" means any requirement for licensure, promulgated pursuant to this

28

chapter having the force of law.

29

     (13) "Related" means any of the following relationships, by marriage, blood or adoption,

30

even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt,

31

uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a

32

defendant who relies for a defense upon the relationship of any child to him or herself, the

33

defendant shall have the burden of proof as to the relationship.

34

     42-12.5-3. Powers and scope of activities. 

 

LC000763 - Page 140 of 541

1

     (a) The department shall issue, deny, suspend, and revoke licenses for, and monitor the

2

operation of, facilities and programs by child day care providers, as defined in § 42-12.5-2.

3

     (b) The department is hereby authorized and directed to adopt, amend, and rescind

4

regulations in accordance with this chapter and implement its provisions. The regulations shall be

5

promulgated and become effective in accordance with the provisions of the Administrative

6

Procedures Act, chapter 35 of title 42 and shall address, but need not be limited to the following:

7

     (1) Financial, administrative and organizational ability, and stability of the applicant;

8

     (2) Compliance with specific fire and safety codes and health regulations;

9

     (3) Character, health suitability, qualifications of child day care providers;

10

     (4) Staff/child ratios and workload assignments of staff providing care or supervision to

11

children;

12

     (5) Type and content of records or documents that must be maintained to collect and

13

retain information for the planning and caring for children;

14

     (6) Procedures and practices regarding basic child day care to ensure protection to the

15

child;

16

     (7) Service to families of children in care;

17

     (8) Program activities, including components related to physical growth, social,

18

emotional, educational, and recreational activities;

19

     (9) Investigation of previous employment, criminal record check and department records

20

check; and

21

     (10) Immunization and testing requirements for communicable diseases, including, but

22

not limited to, tuberculosis, of child day care providers and children at any child day-care center

23

or family day-care home as is specified in regulations promulgated by the director of the

24

department of health. Notwithstanding the foregoing, all licensing and monitoring authority shall

25

remain with the department of human services.

26

     (c) The department through its licensing unit shall administer and manage the regulations

27

pertaining to the licensing and monitoring of child day care providers, and shall exercise all

28

statutory and administrative powers necessary to carry out its functions.

29

     (d) The administrator shall investigate complaints of noncompliance, and shall take

30

licensing action as may be necessary pursuant to this chapter.

31

     (e) The administrator may:

32

     (1) Prescribe any forms for reports, statements, notices, and other documents deemed

33

necessary;

34

     (2) Prepare and publish manuals and guides explaining this chapter and the regulations to

 

LC000763 - Page 141 of 541

1

facilitate compliance with and enforcement of the regulations;

2

     (3) Prepare reports and studies to advance the purpose of this chapter;

3

     (4) Provide consultation and technical assistance, as requested, to assist licensees in

4

maintaining compliance; and

5

     (f) The department may promulgate rules and regulations for the establishment of child

6

day care centers located on the second floor.

7

     (g) When the department is otherwise unsuccessful in remedying noncompliance with the

8

provisions of this chapter and the regulations promulgated thereunder it may petition the superior

9

court for an order enjoining the noncompliance or for any order that equity and justice may

10

require.

11

     (h) The department shall collaborate with the departments of children, youth, and

12

families, elementary and secondary education, and health to provide monitoring, mentoring,

13

training, technical assistance, and other services which are necessary and appropriate to

14

improving the quality of child day care offered by child day care providers who are certified,

15

licensed, or approved by the department or the department of elementary and secondary education

16

or who are seeking certification, licensure, or approval pursuant to § 42-12.5 or § 16-48-2,

17

including non-English speaking providers.

18

     42-12.5-4. License required. 

19

     (a) No person shall receive or place children in child day care services, including day care

20

arrangements, without a license issued pursuant to this chapter. This requirement does not apply

21

to a person related by blood, marriage, guardianship or adoption to the child, unless that

22

arrangement is for the purposes of day care.

23

     (b) The licensing requirement does not apply to shelter operations for parents with

24

children, boarding schools, recreation camps, nursing homes, hospitals, maternity residences, and

25

centers for developmentally disabled children.

26

     (c) No person, firm, corporation, association, or agency shall operate a family day care

27

home without a registration certificate issued by the department, unless they hold an unexpired

28

registration certificate issued by the Department of Children, Youth, and Families prior to

29

January 1, 2020.

30

     (d) No state, county, city, or political subdivision shall operate a child day care agency or

31

center, program or facility without a license issued pursuant to this chapter.

32

     (e) No person shall be exempt from a required license by reason of public or private,

33

sectarian, non-sectarian, child day care program, for profit or non-profit status, or by any other

34

reason of funding, sponsorship, or affiliation. 

 

LC000763 - Page 142 of 541

1

     42-12.5-5. General licensing provisions. 

2

     The following general licensing provisions shall apply:

3

     (1) A license issued under this chapter is not transferable and applies only to the licensee

4

and the location stated in the application and remains the property of the department. A license

5

shall be publicly displayed. A license shall be valid for one year from the date of issue and upon

6

continuing compliance with the regulations, except that a certificate issued to a family day care

7

home shall be valid for two (2) years from the date of issue.

8

     (2) Every license application issued pursuant to § 42-12.5-4 shall be accompanied by a

9

nonrefundable application fee paid to the State of Rhode Island as follows:

10

     (a) Child day care center license- five hundred dollars ($500);

11

     (b) Group family day care home license – two hundred and fifty dollars ($250);

12

     (c) Family day care home license- one hundred dollars ($100).

13

     (3) All fees collected by the State pursuant to paragraph (2) of this section shall be

14

deposited by the general treasurer as general revenues.

15

     (4) A licensee shall comply with applicable state fire and health safety standards.

16

     (5) The department may grant a provisional license to an applicant who is not able to

17

demonstrate compliance with all of the regulations because the program or residence is not in full

18

operation; however, the applicant must meet all regulations that can be met in the opinion of the

19

administrator before the program is fully operational. The provisional license shall be granted for

20

a limited period not to exceed six (6) months and shall be subject to review every three (3)

21

months.

22

     (6) The department may grant a probationary license to a licensee who is temporarily

23

unable to comply with a rule or rules when the noncompliance does not present an immediate

24

threat to the health and well-being of the children, and when the licensee has obtained a plan

25

approved by the administrator to correct the areas of noncompliance within the probationary

26

period. A probationary license shall be issued for up to twelve (12) months; it may be extended

27

for an additional six (6) months at the discretion of the administrator. A probationary license that

28

states the conditions of probation may be issued by the administrator at any time for due cause.

29

Any prior existing license is invalidated when a probationary license is issued. When the

30

probationary license expires, the administrator may reinstate the original license to the end of its

31

term, issue a new license, suspend, or revoke the license.

32

     (7) The administrator will establish criteria and procedure for granting variances as part

33

of the regulations.

34

     (8) The above exceptions (probationary and provisional licensing and variances) do not

 

LC000763 - Page 143 of 541

1

apply to and shall not be deemed to constitute any variance from state fire and health safety

2

standards. However, if a request for a variance of fire inspection deficiencies has been submitted

3

to the fire safety code board of appeal and review, DHS may grant a provisional license to

4

terminate no later than thirty (30) days following the board's decision on said variance.

5

     (9) A license under this chapter shall be granted to a child day care program without the

6

necessity for a separate fire, building, or radon inspection, when said child day care program is

7

conducted at a Rhode Island elementary or secondary school which has already been found in

8

compliance with said inspections, provided that an applicant complies with all other provisions of

9

DHS regulations, or has been granted appropriate variances by the department.

10

     42-12.5-6. Violations, suspensions and revocations of license.

11

     (a) When a licensee violates the terms of the license, the provisions of this chapter, or any

12

regulation thereunder, the department may pursue the administrative remedies herein provided, in

13

addition to other civil or criminal remedies according to the general laws.

14

     (b) After notice and hearing, as provided by the Administrative Procedures Act, chapter

15

35 of title 42, the administrator may revoke the license, or suspend the license for a period not

16

exceeding six (6) months.

17

     (c) During a suspension, the facility or program shall cease operation.

18

     (d) To end a suspension, the licensee shall, within thirty (30) days of the notice of

19

suspension, submit an acceptable plan of corrective action to the administrator. The plan shall

20

outline the steps and timetables for immediate correction of the areas of noncompliance and is

21

subject to the approval of the administrator.

22

     (e) At the end of the suspension, the administrator may reinstate the license for the term

23

of the original license, revoke the license, issue a new license, or deny a reapplication.

24

     (f) Upon revocation, the licensed program or facility shall cease operation. The licensee

25

whose license has been revoked may not apply for a similar license within a three (3) year period

26

from the date of revocation. 

27

     42-12.5-7. Penalties for violations.

28

     (a) Any person who violates any of the provisions of this chapter, or any regulations

29

issued pursuant to this chapter, or who shall intentionally make any false statement or reports to

30

the director with reference to the matters contained herein, shall, upon conviction for the first

31

offense, be imprisoned for a term not exceeding six (6) months or be fined not exceeding five

32

hundred dollars ($500), or both, and for a second or subsequent offense, shall be imprisoned for a

33

term not exceeding one year or be fined not exceeding one thousand dollars ($1000), or both the

34

fine and imprisonment.

 

LC000763 - Page 144 of 541

1

     (b) Anyone who maintains or conducts a program or facility without first having obtained

2

a license pursuant to this chapter, or who maintains or conducts a program or facility after a

3

license has been revoked or suspended, or who shall refuse to permit a reasonable inspection and

4

examination of a program or facility, shall be guilty of a misdemeanor and, upon conviction, shall

5

be fined not more than five hundred dollars ($500) for each week that the program or facility

6

shall have been maintained without a license or for each refusal to permit inspection and

7

examination by the director.

8

     (c) Any individual, firm, corporation, or other entity who maintains or conducts a family

9

day care home without first having obtained a registration certificate for the home pursuant to this

10

chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than

11

twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each week that the

12

home shall have been maintained without a valid registration certificate.

13

     (d) The department shall refer any violations to the attorney general's office for

14

prosecution.

15

     42-12.5-8. Open door policy. 

16

     There shall be an open door policy permitting any custodial parent or legal guardian to

17

have access to a day care facility for any program when their child is in attendance.

18

     SECTION 22. The title of Chapter 42-66 of the General Laws entitled "Elderly Affairs

19

Department" is hereby amended to read as follows:

20

CHAPTER 42-66

21

ELDERLY AFFAIRS DEPARTMENT OFFICE

22

     SECTION 23. Sections 42-66-2, 42-66-3, 42-66-4, 42-66-5, 42-66-7 and 42-66-8 of the

23

General Laws in Chapter 42-66 entitled "Elderly Affairs Department Office" are hereby amended

24

to read as follows:

25

     42-66-2. Establishment of department Office-- Director.

26

     There is established within the executive branch of state government an department office

27

of elderly affairs. The head director of the department office of elder affairs shall be the director

28

of elderly affairs, who shall be a person qualified by training and experience to perform the duties

29

of the office. appointed by and report directly to the governor, but the office shall reside within

30

the executive office of health and human services for administrative purposes. The director shall

31

be in the unclassified service, appointed by the governor with the advice and consent of the

32

senate, and shall serve at the pleasure of the governor and until the appointment and qualification

33

of the director's successor. The director shall receive a salary as provided by law.

34

     42-66-3. Transfer of functions from the department of community affairs.

 

LC000763 - Page 145 of 541

1

     There are transferred to the director of the department office of elderly affairs:

2

     (1) Those duties with respect to elderly citizens as enacted by former §§ 42-44-9 and 42-

3

44-10;

4

     (2) So much of other functions or parts of functions of the director of the department of

5

community affairs; provided, however, that those duties with respect to housing facilities,

6

projects, and programs for the elderly shall be within the jurisdiction of the governor's office of

7

intergovernmental relations; and

8

     (3) Whenever in the general laws or in any public law the words "administration of

9

division of aging," "division on aging" and "director and/or department of community affairs"

10

shall appear in relation to elderly affairs, the reference shall be deemed to mean and include the

11

director and the department office of elderly affairs, as the case may be.

12

     42-66-4. Duties of the division office.

13

     (a) The division office shall be the principal agency of the state to mobilize the human,

14

physical, and financial resources available to plan, develop, and implement innovative programs

15

to ensure the dignity and independence of elderly persons, including the planning, development,

16

and implementation of a home and long-term-care program for the elderly in the communities of

17

the state.

18

     (b)(1) The division office shall serve as an advocate for the needs of the adult with a

19

disability as these needs and services overlap the needs and services of elderly persons.

20

     (2) The division office shall serve as the state's central agency for the administration and

21

coordination of a long-term-care entry system, using community-based access points, that will

22

provide the following services related to long-term care: information and referral; initial

23

screening for service and benefits eligibility; and a uniform assessment program for state-

24

supported long-term care.

25

     (3) The division office shall investigate reports of elder abuse, neglect, exploitation, or

26

self-neglect and shall provide and/or coordinate protective services.

27

     (c) To accomplish these objectives, the director is authorized:

28

     (1) To provide assistance to communities in solving local problems with regard to elderly

29

persons including, but not limited to, problems in identifying and coordinating local resources to

30

serve the needs of elderly persons;

31

     (2) To facilitate communications and the free flow of information between communities

32

and the offices, agencies, and employees of the state;

33

     (3) To encourage and assist communities, agencies, and state departments to plan,

34

develop, and implement home- and long-term care programs;

 

LC000763 - Page 146 of 541

1

     (4) To provide and act as a clearinghouse for information, data, and other materials

2

relative to elderly persons;

3

     (5) To initiate and carry out studies and analyses that will aid in solving local, regional,

4

and statewide problems concerning elderly persons;

5

     (6) To coordinate those programs of other state agencies designed to assist in the solution

6

of local, regional, and statewide problems concerning elderly persons;

7

     (7) To advise and inform the governor on the affairs and problems of elderly persons in

8

the state;

9

     (8) To exercise the powers and discharge the duties assigned to the director in the fields

10

of health care, nutrition, homemaker services, geriatric day care, economic opportunity, local and

11

regional planning, transportation, and education and pre-retirement programs;

12

     (9) To further the cooperation of local, state, federal, and private agencies and institutions

13

providing for services or having responsibility for elderly persons;

14

     (10) To represent and act on behalf of the state in connection with federal grant programs

15

applicable to programs for elderly persons in the functional areas described in this chapter;

16

     (11) To seek, accept, and otherwise take advantage of all federal aid available to the

17

division office, and to assist other agencies of the state, local agencies, and community groups in

18

taking advantage of all federal grants and subventions available for elderly persons and to accept

19

other sources of funds with the approval of the director of administration that shall be deposited

20

as general revenues;

21

     (12) To render advice and assistance to communities and other groups in the preparation

22

and submission of grant applications to state and federal agencies relative to programs for elderly

23

persons;

24

     (13) To review and coordinate those activities of agencies of the state and of any political

25

subdivision of the state at the request of the subdivision, that affect the full and fair utilization of

26

community resources for programs for elderly persons, and initiate programs that will help ensure

27

such utilization;

28

     (14) To encourage the formation of councils on aging and to assist local communities in

29

the development of the councils;

30

     (15) To promote and coordinate day-care facilities for the frail elderly who are in need of

31

supportive care and supervision during the daytime;

32

     (16) To provide and coordinate the delivery of in-home services to the elderly, as defined

33

under the rules and regulations adopted by the division office of elderly affairs;

34

     (17) To advise and inform the public of the risks of accidental hypothermia;

 

LC000763 - Page 147 of 541

1

     (18) To establish a clearinghouse for information and education of the elderly citizens of

2

the state, including, but not limited to, and subject to available funding, a web-based caregiver

3

support information center;

4

     (19) To establish and operate, in collaboration with community and aging service

5

agencies, a statewide family-caregiver resource network to provide and coordinate family-

6

caregiver training and support services to include counseling and elder caregiver respite services,

7

which shall be subject to available funding, and include home health/homemaker care, adult day

8

services, assisted living, and nursing facility care;

9

     (20) To supervise the citizens' commission for the safety and care of the elderly created

10

pursuant to the provisions of chapter 1.4 of title 12.

11

     (d) In order to assist in the discharge of the duties of the division office, the director may

12

request from any agency of the state information pertinent to the affairs and problems of elderly

13

persons.

14

     42-66-5. Divisions of department office.

15

     There shall be within the department office of elderly affairs a division of program

16

planning, development and operations and a division of community services.

17

     42-66-7. Advisory commission on aging.

18

     (a) Within the department office of elderly affairs there shall be an advisory commission

19

on aging consisting of twenty-five (25) members, four (4) of whom shall be from the general

20

assembly as hereinafter provided, and twenty-one (21) of whom shall be appointed by the

21

governor, thirteen (13) of whom shall be elderly consumers representative of that segment of the

22

population. In the case of members of the commission appointed by the governor, they shall be

23

chosen and shall hold office for three (3) years, except that in the original appointments, seven (7)

24

members shall be designated to serve for one year, seven (7) members shall be designated to

25

serve for two (2) years and seven (7) members shall be designated to serve for three (3) years,

26

respectively, and until their respective successors are appointed and qualified. In the month of

27

February in each year the governor shall appoint successors to the members of the commission

28

whose terms shall expire in such year to hold office until the first day of March in the third year

29

after their appointment and until their respective successors are appointed and qualified.

30

     (b) The four (4) members from the general assembly shall be appointed, two (2) from the

31

house of representatives by the speaker, one from each of the two (2) major political parties, and

32

two (2) from the senate by the president of the senate, one each from the two (2) major political

33

parties, each to serve until the thirty-first day of December in the second year of the term to

34

which the member has been elected. Any vacancy, which may occur in the commission, shall be

 

LC000763 - Page 148 of 541

1

filled in like manner as the original appointment, for the remainder of the unexpired term.

2

     (c) The members of the commission at the first meeting shall elect a chairperson and such

3

other officers as they may deem necessary. The commission shall meet at the call of the governor

4

or the chairperson and shall make suggestions to and advise the governor or the director

5

concerning the policies and problems confronting the aged and aging of the state. The members

6

of the commission shall serve without compensation but shall be compensated for their necessary

7

and actual traveling expenses in the performance of their official duties.

8

     42-66-8. Abuse, neglect, exploitation and self-neglect of elderly persons -- Duty to

9

report.

10

     Any person who has reasonable cause to believe that any person sixty (60) years of age or

11

older has been abused, neglected, or exploited, or is self-neglecting, shall make an immediate

12

report to the director of the department office of elderly affairs, or his or her designee, or

13

appropriate law enforcement personnel. In cases of abuse, neglect, or exploitation, any person

14

who fails to make the report shall be punished by a fine of not more than one thousand dollars

15

($1,000). Nothing in this section shall require an elder who is a victim of abuse, neglect,

16

exploitation or who is self-neglecting, to make a report regarding such abuse, neglect,

17

exploitation, or self-neglect to the director or his or her designee or appropriate law enforcement

18

personnel.

19

     SECTION 24. Section 42-72-5 of the General Laws in Chapter 42-72 entitled

20

"Department of Children, Youth and Families" is hereby amended to read as follows:

21

     42-72-5. Powers and scope of activities.

22

     (a) The department is the principal agency of the state to mobilize the human, physical,

23

and financial resources available to plan, develop, and evaluate a comprehensive and integrated

24

statewide program of services designed to ensure the opportunity for children to reach their full

25

potential. The services include prevention, early intervention, outreach, placement, care and

26

treatment, and after-care programs; provided, however, that the department notifies the state

27

police and cooperates with local police departments when it receives and/or investigates a

28

complaint of sexual assault on a minor and concludes that probable cause exists to support the

29

allegations(s). The department also serves as an advocate for the needs of children.

30

     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

31

authorized and empowered:

32

     (1) To establish those administrative and operational divisions of the department that the

33

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

34

     (2) To assign different tasks to staff members that the director determines best suit the

 

LC000763 - Page 149 of 541

1

purposes of this chapter;

2

     (3) To establish plans and facilities for emergency treatment, relocation, and physical

3

custody of abused or neglected children that may include, but are not limited to,

4

homemaker/educator child-case aides, specialized foster-family programs, day-care facilities,

5

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

6

community agencies, and counseling services;

7

     (4) To establish, monitor, and evaluate protective services for children including, but not

8

limited to, purchase of services from private agencies and establishment of a policy and

9

procedure manual to standardize protective services;

10

     (5) To plan and initiate primary- and secondary-treatment programs for abused and

11

neglected children;

12

     (6) To evaluate the services of the department and to conduct periodic, comprehensive-

13

needs assessment;

14

     (7) To license, approve, monitor, and evaluate all residential and non-residential child

15

care institutions, group homes, foster homes, and programs;

16

     (8) To recruit and coordinate community resources, public and private;

17

     (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

18

expungement of case records pertaining to matters under the jurisdiction of the department;

19

     (10) To establish a minimum mandatory level of twenty (20) hours of training per year

20

and provide ongoing staff development for all staff; provided, however, all social workers hired

21

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

22

work or a closely related field, and must be appointed from a valid, civil-service list;

23

     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

24

chapter 11 of title 40;

25

     (12) To promulgate all rules and regulations necessary for the execution of departmental

26

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

27

     (13) To provide and act as a clearinghouse for information, data, and other materials

28

relative to children;

29

     (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

30

and statewide problems concerning children;

31

     (15) To represent and act on behalf of the state in connection with federal-grant programs

32

applicable to programs for children in the functional areas described in this chapter;

33

     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

34

department, and to assist other agencies of the state, local agencies, and community groups in

 

LC000763 - Page 150 of 541

1

taking advantage of all federal grants and subventions available for children;

2

     (17) To review and coordinate those activities of agencies of the state, and of any

3

political subdivision of the state, that affect the full and fair utilization of community resources

4

for programs for children, and initiate programs that will help ensure utilization;

5

     (18) To administer the pilot, juvenile-restitution program, including the overseeing and

6

coordinating of all local, community-based restitution programs, and the establishment of

7

procedures for the processing of payments to children performing community service;

8

     (19) To adopt rules and regulations that:

9

     (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

10

subsequent twelve-month (12) period, establish specific goals as to the maximum number of

11

children who will remain in foster care for a period in excess of two (2) years; and

12

     (ii) Are reasonably necessary to implement the child-welfare services and foster-care

13

programs;

14

     (20) May establish and conduct seminars for the purpose of educating children regarding

15

sexual abuse;

16

     (21) To establish fee schedules by regulations for the processing of requests from

17

adoption placement agencies for adoption studies, adoption study updates, and supervision related

18

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

19

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

20

     (22) To be responsible for the education of all children who are placed, assigned, or

21

otherwise accommodated for residence by the department in a state-operated or -supported

22

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

23

department is authorized to enroll and pay for the education of students in the public schools or,

24

when necessary and appropriate, to itself provide education in accordance with the regulations of

25

the board of regents for elementary and secondary education either directly or through contract;

26

     (23) To develop multidisciplinary service plans, in conjunction with the department of

27

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

28

development of a plan using all health-care professionals;

29

     (24) To be responsible for the delivery of appropriate mental health services to seriously

30

emotionally disturbed children and children with functional developmental disabilities.

31

Appropriate mental health services may include hospitalization, placement in a residential

32

treatment facility, or treatment in a community-based setting. The department is charged with the

33

responsibility for developing the public policy and programs related to the needs of seriously

34

emotionally disturbed children and children with functional developmental disabilities;

 

LC000763 - Page 151 of 541

1

     In fulfilling its responsibilities the department shall:

2

     (i) Plan a diversified and comprehensive network of programs and services to meet the

3

needs of seriously emotionally disturbed children and children with functional developmental

4

disabilities;

5

     (ii) Provide the overall management and supervision of the state program for seriously

6

emotionally disturbed children and children with functional developmental disabilities;

7

     (iii) Promote the development of programs for preventing and controlling emotional or

8

behavioral disorders in children;

9

     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

10

seriously emotionally disturbed children and children with functional developmental disabilities

11

and to work with private agencies serving those children;

12

     (v) Promote the development of new resources for program implementation in providing

13

services to seriously emotionally disturbed children and children with functional developmental

14

disabilities.

15

     The department shall adopt rules and regulations that are reasonably necessary to

16

implement a program of mental health services for seriously emotionally disturbed children.

17

     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

18

least in accordance with rules and regulations to be adopted by the department, at least its average

19

per-pupil cost for special education for the year in which placement commences, as its share of

20

the cost of educational services furnished to a seriously emotionally disturbed child pursuant to

21

this section in a residential treatment program that includes the delivery of educational services.

22

     "Seriously emotionally disturbed child" means any person under the age of eighteen (18)

23

years, or any person under the age of twenty-one (21) years, who began to receive services from

24

the department prior to attaining eighteen (18) years of age and has continuously received those

25

services thereafter; who has been diagnosed as having an emotional, behavioral, or mental

26

disorder under the current edition of the Diagnostic and Statistical Manual and that disability has

27

been ongoing for one year or more or has the potential of being ongoing for one year or more;

28

and the child is in need of multi-agency intervention; and the child is in an out-of-home

29

placement or is at risk of placement because of the disability.

30

     A child with a "functional developmental disability" means any person under the age of

31

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

32

services from the department prior to attaining eighteen (18) years of age and has continuously

33

received those services thereafter.

34

     The term "functional developmental disability" includes autism spectrum disorders and

 

LC000763 - Page 152 of 541

1

means a severe, chronic disability of a person that:

2

     (A) Is attributable to a mental or physical impairment or combination of mental physical

3

impairments;

4

     (B) Is manifested before the person attains age eighteen (18);

5

     (C) Is likely to continue indefinitely;

6

     (D) Results in age-appropriate, substantial, functional limitations in three (3) or more of

7

the following areas of major life activity:

8

     (I) Self-care;

9

     (II) Receptive and expressive language;

10

     (III) Learning;

11

     (IV) Mobility;

12

     (V) Self direction;

13

     (VI) Capacity for independent living; and

14

     (VII) Economic self-sufficiency; and

15

     (E) Reflects the person's need for a combination and sequence of special,

16

interdisciplinary, or generic care, treatment, or other services that are of life-long or extended

17

duration and are individually planned and coordinated.

18

     Funding for these clients shall include funds that are transferred to the department of

19

human services as part of the managed health-care-program transfer. However, the expenditures

20

relating to these clients shall not be part of the department of human services' caseload estimated

21

for the semi-annual, caseload-estimating conference. The expenditures shall be accounted for

22

separately;

23

     (25) To provide access to services to any person under the age of eighteen (18) years, or

24

any person under the age of twenty-one (21) years who began to receive child-welfare services

25

from the department prior to attaining eighteen (18) years of age, has continuously received those

26

services thereafter, and elects to continue to receive such services after attaining the age of

27

eighteen (18) years. The general assembly has included funding in the FY 2008 DCYF budget in

28

the amount of $10.5 million from all sources of funds and $6.0 million from general revenues to

29

provide a managed system to care for children serviced between 18 to 21 years of age. The

30

department shall manage this caseload to this level of funding;

31

     (26) To initiate transition planning in cooperation with the department of behavioral

32

healthcare, developmental disabilities and hospitals and local school departments for any child

33

who receives services through DCYF; is seriously emotionally disturbed or developmentally

34

delayed pursuant to paragraph (b)(24)(v); and whose care may or shall be administered by the

 

LC000763 - Page 153 of 541

1

department of behavioral healthcare, developmental disabilities and hospitals after the age of

2

twenty-one (21) years; the transition planning shall commence at least twelve (12) months prior

3

to the person's twenty-first birthday and shall result in a collaborative plan submitted to the family

4

court by both the department of behavioral healthcare, developmental disabilities and hospitals

5

and the department of children, youth and families and shall require the approval of the court

6

prior to the dismissal of the abuse, neglect, dependency, or miscellaneous petition before the

7

child's twenty-first birthday;

8

     (27) To develop and maintain, in collaboration with other state and private agencies, a

9

comprehensive continuum of care in this state for children in the care and custody of the

10

department or at risk of being in state care. This continuum of care should be family centered and

11

community based with the focus of maintaining children safely within their families or, when a

12

child cannot live at home, within as close proximity to home as possible based on the needs of the

13

child and resource availability. The continuum should include community-based prevention,

14

family support, and crisis-intervention services, as well as a full array of foster care and

15

residential services, including residential services designed to meet the needs of children who are

16

seriously emotionally disturbed, children who have a functional developmental disability, and

17

youth who have juvenile justice issues. The director shall make reasonable efforts to provide a

18

comprehensive continuum of care for children in the care and custody of DCYF, taking into

19

account the availability of public and private resources and financial appropriations and the

20

director shall submit an annual report to the general assembly as to the status of his or her efforts

21

in accordance with the provisions of § 42-72-4(b)(13);

22

     (28) To administer funds under the John H. Chafee Foster Care Independence and

23

Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42

24

U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter

25

72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the

26

department; and

27

     (29) To process nationwide, criminal-record checks on prospective foster parents and any

28

household member age 18 or older, prospective adoptive parents and any household member age

29

18 and older, operators of child-care facilities, persons seeking to act as volunteer court-appointed

30

special advocates, persons seeking employment in a child-care facility or at the training school

31

for youth or on behalf of any person seeking employment at DCYF, who are required to submit to

32

nationwide, criminal-background checks as a matter of law.

33

     (c) In order to assist in the discharge of his or her duties, the director may request from

34

any agency of the state information pertinent to the affairs and problems of children.

 

LC000763 - Page 154 of 541

1

     SECTION 25. The title of Chapter 42-72.1 of the General Laws entitled "Licensing and

2

Monitoring of Childcare Providers and Child-Placing Agencies" is hereby amended to read as

3

follows:

4

CHAPTER 42-72.1

5

LICENSING AND MONITORING OF CHILDCARE PROVIDERS AND CHILD-PLACING

6

AGENCIES

7

CHAPTER 42-72.1

8

LICENSING AND MONITORING OF CHILD PLACING AGENCIES, CHILD CARING

9

AGENCIES, FOSTER AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL

10

HEALTH PROGRAMS

11

     SECTION 26. Sections 42-72.1-1, 42-72.1-2, 42-72.1-3, 42-72.1-4, 42-72.1-5, 42-72.1-6

12

and 42-72.1-7 of the General Laws in Chapter 42-72.1 entitled "Licensing and Monitoring of

13

Childcare Providers and Child-Placing Agencies" are hereby amended to read as follows:

14

     42-72.1-1. Statement of purpose.

15

     (a) The director of the department of children, youth, and families, pursuant to § 42-72-

16

5(b)(7) and § 42-72-5(b)(24), shall establish within the department a unit to license and monitor

17

child care providers and child-placing agencies, child caring agencies, foster and adoptive homes,

18

and children’s behavioral health programs to protect the health, safety and well being of children

19

temporarily separated from or being cared for away from their natural families.

20

     (b) Services for children requiring licensure under this chapter shall include all child care

21

providers and child placing agencies, child caring agencies, foster and adoptive homes, and

22

children’s behavioral health programs which offer services within the state, except as defined in §

23

42-72.1-5.

24

     42-72.1-2. Definitions.

25

     As used in this chapter:

26

     (1) "Administrator of licensing" means the director of the licensing unit (or his/her

27

designee) that carries out the provisions of this chapter, hereafter referred to as the

28

"administrator".

29

     (2) "Applicant" means a child-placing agency, child caring agencies, foster and adoptive

30

homes, and children’s behavioral health programs or childcare provider that applies for a license

31

to operate.

32

     (3) "Child" means any person less than eighteen (18) years of age; provided, that a child

33

over eighteen (18) years of age who is nevertheless subject to continuing jurisdiction of the

34

family court, pursuant to chapter 1 of title 14, or defined as emotionally disturbed according to

 

LC000763 - Page 155 of 541

1

chapter 7 of title 40.1, shall be considered a child for the purposes of this chapter.

2

     (4) "Childcare provider" means a person or agency, which offers residential or

3

nonresidential care and/or treatment for a child outside of his/her natural home.

4

     (5) "Child day care or childcare" means daily care and/or supervision offered

5

commercially to the public for any part of a twenty-four (24) hour day to children away f