2019 -- H 5151 | |
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LC000763 | |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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 |
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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. |
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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 |
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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; |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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); |
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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: |
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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 |
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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; |
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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 |
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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; |
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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. |
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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 |
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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. |
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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. |
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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); |
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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- |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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. |
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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 |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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 |
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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. |
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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. |
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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; |
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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; |
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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 |
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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 |
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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 |
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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; |
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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 |
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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 |
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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. |
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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 |
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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 |