H5151

	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
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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
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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
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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
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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
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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
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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.
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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;
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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.
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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
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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.
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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
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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-
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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-
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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
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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.
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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.
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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.
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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).
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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
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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
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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.
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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
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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,
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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
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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
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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
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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