2021 -- S 0059 SUBSTITUTE A

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LC000672/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY

COMPUTER AIDED RECORDS MANAGEMENT SYSTEM

     Introduced By: Senators Ruggerio, Coyne, Seveney, DiPalma, and Burke

     Date Introduced: January 19, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 28.10

STATEWIDE PUBLIC SAFETY COMPUTER AIDED RECORDS MANAGEMENT SYSTEM

     42-28.10-1. Statewide records management system.

     (a) The director of the department of public safety in his/her capacity as superintendent of

the division of state police is hereby authorized and empowered to provide for the installation,

operation, and maintenance of a statewide dispatch and records management system (RMS). The

statewide records management system shall provide for the storage, exchange, retrieval, retention,

manipulation, archiving, and viewing of information, records, documents, or files pertaining to law

enforcement operations. Such records may include, but not be limited to, incident and accident

reports, arrests, citations, warrants, case management, field contacts, final dispositions and other

operations-oriented records.

     (b) State and local sworn law enforcement agencies are authorized to interface, at their own

expense, with the RMS for the exchange of information provided by the system.

     (c) The department of public safety is authorized to promulgate rules and regulations

necessary to implement the provisions of this chapter. All rules, regulations and policies authorized

under this chapter shall be promulgated in accordance with chapter 35 of title 42, the administrative

procedures act, and shall be in effect prior to an implementation of the RMS.

     42-28.10-2. Record management system board of advisors - Established.

     (a) There is hereby established a board of advisors for the Rhode Island records

management system. The board's purpose shall be to advise the department of public safety on the

implementation of this chapter.

     (b) The board shall include the following: One member who shall be a representative of

the Rhode Island Association of Fire Chiefs or designee; one member who shall be the Rhode

Island attorney general or designee; one member who shall be the chief of the Providence police

department or designee; one member of a law enforcement agency from a city or town with fewer

than twenty-five thousand (25,000) residents to be appointed by the Rhode Island Police Chiefs

Association; one member of a law enforcement agency from a city or town with twenty-five

thousand (25,000) residents or more, to be appointed by the Rhode Island Police Chiefs

Association; one member who shall be the President of the Rhode Island Police Chiefs Association

or designee; one member who shall be the director of the Rhode Island department of

transportation's office on highway safety or designee; one member who shall be the superintendent

of the state police or designee; and one member from a sworn law enforcement agency within the

department of public safety. The director of public safety shall also appoint members to the board

from state agencies with an interest in law enforcement records management.

     (c) A majority of the board shall elect the chair of the board on an annual basis.

     42-28.10-3. Privacy policy and protections.

     (a) The RMS shall be responsible for safeguarding all collected information and shall

comply with all state and federal privacy laws in order to protect privacy rights, civil rights, and

civil liberties in the collection, use, analysis, retention, destruction, sharing, and disclosure of

information. Information gathered and retained by the RMS may only be accessed, stored or

disseminated for the specific purpose of administering the provisions of this chapter and shall only

be accessed by authorized users to have such access and only for those uses or purposes specified

by law.

     (b) The RMS shall not retain personal information for a period longer than is reasonably

required to carry out the purposes of this chapter.

     (c) The department of public safety is hereby directed to develop and maintain a privacy

policy which shall ensure safeguards are in place to protect personal information from unlawful

access, sharing and/or second party dissemination. The privacy policy shall include maintaining an

access log.

     (d) Any request for access to public records pursuant to the provisions of chapter 2 of title

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38 shall be made to the agency that created the record.

     42-28.10-4. Collection of fees.

     Any participating law enforcement agency shall be required to pay a user fee to be

determined by the department of public safety in consultation with the board. Fees paid pursuant

to this section shall be maintained in a restricted receipt account pursuant to this chapter for the

exclusive purpose of implementing the provisions of this chapter.

     42-28.10-5. Restricted receipt account.

     There is hereby created a restricted receipt account within the general fund of the state to

be known as the statewide records management system account. Fees collected pursuant to § 42-

28.10-4 shall be deposited into this account and be used for costs associated with the system. The

restricted receipt account shall be included in the budget of the division of the state police. All

expenditures from the account shall be subject to appropriation by the general assembly. Any other

available grants or funds from a public or private source may be deposited in the account and used

for associated costs. This restricted receipt account shall not be subject to the provisions of § 35-4-

27.

     42-28.10-6. Annual reporting.

     The director of public safety shall annually provide a report to the speaker of the house and

the president of the senate. The report shall include and document the systems annual activity

including, but not limited to, the data reported and the number of reports entered into the system.

     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

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

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

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

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

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Health System Transformation Project

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     Department of Human Services

     Veterans' home -- Restricted account

     Veterans' home -- Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran's Cemetery Memorial Fund

     Donations -- New Veterans' Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund -- Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property -- Retained

     Forfeitures -- Federal

     Forfeited property -- Gambling

     Donation -- Polygraph and Law Enforcement Training

     Rhode Island State Firefighter's League Training Account

     Fire Academy Training Fees Account

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     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property -- Gambling

     Department of Administration

     OER Reconciliation Funding

     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology Investment Fund

     Restore and replacement -- Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts -- TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children's Trust Accounts -- SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses -- State Retirement System

     Retirement -- Treasury Investment Options

     Defined Contribution -- Administration - RR

     Violent Crimes Compensation -- Refunds

     Treasury Research Fellowship

     Business Regulation

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     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf -- School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies -- National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     Department of Labor and Training

     Job Development Fund

     Statewide records management system account

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY

COMPUTER AIDED RECORDS MANAGEMENT SYSTEM

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     This act would establish a statewide public safety computer aided records management

system.

     This act would take effect upon passage.

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