law23079-02

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art.002/5/002/4/002/3/002/2/002/1

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ARTICLE 2

RELATING TO STATE FUNDS

SECTION 1. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records”

is hereby amended to read as follows:

23-3-25. Fees for copies and searches

(a) The state registrar shall charge fees for searches and copies as follows:

(1) For a search of two (2) consecutive calendar years under one name and for issuance of

a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or

a certification that the record cannot be found, and each duplicate copy of a certificate or

certification issued at the same time, the fee is as set forth in § 23-1-54.

(2) For each additional calendar year search, if applied for at the same time or within three

(3) months of the original request and if proof of payment for the basic search is submitted, the fee

is as set forth in § 23-1-54.

(3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.

(4) For processing of adoptions, legitimations, or paternity determinations as specified in

§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.

(5) For making authorized corrections, alterations, and additions, the fee is as set forth in

§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and

additions on records filed before one year of the date on which the event recorded has occurred.

(6) For examination of documentary proof and the filing of a delayed record, there is a fee

as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of

a certified copy of a delayed record.

(b) Fees collected under this section by the state registrar shall be deposited in the general

fund of this state, according to the procedures established by the state treasurer.

(1) For a search of two (2) consecutive calendar years under one name and for issuance of

a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a

certification of birth or a certification that the record cannot be found, the fee is twenty dollars

($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is

fifteen dollars ($15.00).

(2) For each additional calendar year search, if applied for at the same time or within three

(3) months of the original request and if proof of payment for the basic search is submitted, the fee

is two dollars ($2.00).

(d) Fees collected under this section by the local registrar shall be deposited in the city or

town treasury according to the procedures established by the city or town treasurer except that six

dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the

general fund of this state.

(e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),

the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified

records request, no more than three dollars ($3.00) for each duplicate certified record, and no more

than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record

requested for a local registrar. Notwithstanding the provisions of subsection (d), any such

surcharges collected by the local registrar shall be submitted to the state registrar. Any funds

collected from the surcharges listed above shall be deposited into the information technology

investment fund (ITIF) information technology restricted receipt account (ITRR account)

established pursuant to § 42-11-2.5(a).

SECTION 2. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby

amended by adding thereto the following section:

35-3-20.2. Supplemental state budget reserve account.

(a) There is hereby created within the general fund a supplemental state budget reserve

account, which shall be administered by the state controller and which shall be used solely for the

purpose of providing such sums as may be appropriated to fund any unanticipated general revenue

deficit caused by a general revenue shortfall.

(b) At any time after the third quarter of a fiscal year that it is indicated that total resources

which are defined to be the aggregate of estimated general revenue, general revenue receivables,

and available free surplus in the general fund will be less than the estimates upon which current

appropriations were based, the general assembly may make appropriations from the supplemental

state budget reserve account for the difference between the estimated total resources and the

original estimates upon which enacted appropriations were based, but only in the amount of the

difference based upon the revenues projected at the latest state revenue estimating conference

pursuant to chapter 16 of this title as reported by the chairperson of that conference.

considered as estimated general revenues for the purposes of determining the amount to be

transferred to the Rhode Island Capital Plan capital plan fund for the purposes of § 35-3-20.1(b).

(d) The supplemental state budget reserve account shall consist of: (1) Such sums as the

state may from time to time directly transfer to the account as authorized in law; and (2) Any

amounts transferred pursuant to § 35-6-1(e).

SECTION 3. 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

Rhode Island Statewide Opioid Abatement Account

HCBS Support-ARPA

HCBS Admin Support-ARPA

Department of Human Services

Veterans’ home — Restricted account

Veterans’ home — Resident benefits

Pharmaceutical Rebates Account

Demand Side Management Grants

Veteran’s Cemetery Memorial Fund

Donations — New Veterans’ Home Construction

Department of Health

Pandemic medications and equipment account

Miscellaneous Donations/Grants from Non-Profits

State Loan Repayment Match

Healthcare Information Technology

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

Eleanor Slater non-Medicaid third-party payor account

Hospital Medicare Part D Receipts

RICLAS Group Home Operations

Commission on the Deaf and Hard of Hearing

Emergency and public communication access account

Department of Environmental Management

National heritage revolving fund

Environmental response fund II

Underground storage tanks registration fees

De Coppet Estate Fund

Rhode Island Historical Preservation and Heritage Commission

Historic preservation revolving loan fund

Historic Preservation loan fund — Interest revenue

Department of Public Safety

E-911 Uniform Emergency Telephone System

Forfeited property — Retained

Forfeitures — Federal

Forfeited property — Gambling

Donation — Polygraph and Law Enforcement Training

Rhode Island State Firefighter’s League Training Account

Fire Academy Training Fees Account

Attorney General

Forfeiture of property

Federal forfeitures

Attorney General multi-state account

Forfeited property — Gambling

Department of Administration

OER Reconciliation Funding

Health Insurance Market Integrity Fund

RI Health Benefits Exchange

Information Technology Investment Fund restricted receipt account

Restore and replacement — Insurance coverage

Convention Center Authority rental payments

Investment Receipts — TANS

OPEB System Restricted Receipt Account

Car Rental Tax/Surcharge-Warwick Share

Grants Management Administration

RGGI-Executive Climate Change Coordinating Council Projects

Executive Office of Commerce

Housing Resources Commission Restricted Account

Housing Production Fund

Department of Revenue

DMV Modernization Project

Jobs Tax Credit Redemption Fund

Legislature

Audit of federal assisted programs

Department of Children, Youth and Families

Children’s Trust Accounts — SSI

Military Staff

RI Military Family Relief Fund

RI National Guard Counterdrug Program

Treasury

Admin. Expenses — State Retirement System

Retirement — Treasury Investment Options

Defined Contribution — Administration - RR

Violent Crimes Compensation — Refunds

Treasury Research Fellowship

Business Regulation

Banking Division Reimbursement Account

Office of the Health Insurance Commissioner Reimbursement Account

Securities Division Reimbursement Account

Commercial Licensing and Racing and Athletics Division Reimbursement Account

Insurance Division Reimbursement Account

Historic Preservation Tax Credit Account

Marijuana Trust Fund

Social Equity Assistance Fund

Judiciary

Arbitration Fund Restricted Receipt Account

Third-Party Grants

RI Judiciary Technology Surcharge Account

Department of Elementary and Secondary Education

Statewide Student Transportation Services Account

School for the Deaf Fee-for-Service Account

School for the Deaf — School Breakfast and Lunch Program

Davies Career and Technical School Local Education Aid Account

Davies — National School Breakfast & Lunch Program

School Construction Services

Office of the Postsecondary Commissioner

Higher Education and Industry Center

IGT STEM Scholarships

Department of Labor and Training

Job Development Fund

Rhode Island Council on the Arts

Governors’ Portrait Donation Fund

Statewide records management system account

SECTION 4. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and

Control" is hereby amended to read as follows:

35-6-1. Controller — Duties in general.

(a) Within the department of administration there shall be a controller who shall be

appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be

responsible for accounting and expenditure control and shall be required to:

(1) Administer a comprehensive accounting and recording system that will classify the

transactions of the state departments and agencies in accordance with the budget plan;

(2) Maintain control accounts for all supplies, materials, and equipment for all departments

and agencies except as otherwise provided by law;

(3) Prescribe a financial, accounting, and cost accounting system for state departments and

agencies;

(4) Identify federal grant-funding opportunities to support the governor’s and general

assembly’s major policy initiatives and provide technical assistance with the application process

and post-award grants management;

(5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for

the application of federal grants;

(6) Pre-audit all state receipts and expenditures;

(7) Prepare financial statements required by the several departments and agencies, by the

governor, or by the general assembly;

(8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all

expenditures under authority of the legislative department and the judicial department by the state

controller shall be purely ministerial, concerned only with the legality of the expenditure and

availability of the funds, and in no event shall the state controller interpose his or her judgment

regarding the wisdom or expediency of any item or items of expenditure;

(9) Prepare and timely file, on behalf of the state, any and all reports required by the United

States, including, but not limited to, the Internal Revenue Service, or required by any department

or agency of the state, with respect to the state payroll; and

(10) Prepare a preliminary closing statement for each fiscal year. The controller shall

forward the statement to the chairpersons of the house finance committee and the senate finance

committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

of the appropriations act, whichever is later. The report shall include but is not limited to:

(i) A report of all revenues received by the state in the completed fiscal year, together with

the estimates adopted for that year as contained in the final enacted budget, and together with all

deviations between estimated revenues and actual collections. The report shall also include cash

collections and accrual adjustments;

(ii) A comparison of actual expenditures with each of the actual appropriations, including

supplemental appropriations and other adjustments provided for in the Rhode Island general laws;

(iii) A statement of the opening and closing surplus in the general revenue account; and

(iv) A statement of the opening surplus, activity, and closing surplus in the state budget

reserve and cash stabilization account and the state bond capital fund.

(b) The controller shall provide supporting information on revenues, expenditures, capital

projects, and debt service upon request of the house finance committee chairperson, senate finance

committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

report of the differences between the preliminary financial report and the final report as contained

in the audited annual financial statement.

(d) The controller shall create a special fund not part of the general fund and shall deposit

amounts equivalent to all deferred contributions under this act into that fund. Any amounts

remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

transfer such amounts into the retirement system as appropriate.

(e) Upon issuance of the audited financial statement, the controller shall transfer fifty

percent (50%) of all general revenues received in the completed fiscal year net of transfer to the

state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those

estimates adopted for that year as contained in the final enacted budget to the employees' retirement

system of the State state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the

Supplemental State Budget Reserve Account supplemental state budget reserve account as

defined in § 35-3-20.2.

(e)(f) The controller shall implement a direct deposit payroll system for state employees.

(1) There shall be no service charge of any type paid by the state employee at any time

which shall decrease the net amount of the employee’s salary deposited to the financial institution

of the personal choice of the employee as a result of the use of direct deposit.

(2) Employees hired after September 30, 2014, shall participate in the direct deposit

system. At the time the employee is hired, the employee shall identify a financial institution that

will serve as a personal depository agent for the employee.

(3) No later than June 30, 2016, each employee hired before September 30, 2014, who is

not a participant in the direct deposit system, shall identify a financial institution that will serve as

a personal depository agent for the employee.

(4) The controller shall promulgate rules and regulations as necessary for implementation

and administration of the direct deposit system, which shall include limited exceptions to required

participation.

SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State

Purchases Act” is hereby amended to read as follows:

37-2-12. Centralization of the procurement authority.

(a) All rights, powers, duties, and authority relating to the procurement of supplies,

services, and construction, and the management, control, warehousing, sale, and disposal of

supplies, services, and construction now vested in or exercised by any state agency under the

several statutes relating thereto are hereby transferred to the chief purchasing officer as provided

in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the

centralized purchasing of the state but the public agency, through its existing internal purchasing

function, shall adhere to the general principles, policies and practices set forth in this chapter.

(b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and

collect from state contractors, listed on master-price agreements, a statewide contract

administrative fee not to exceed one percent (1%) of the total value of the annual spend against a

contract awarded to a state contractor. All statewide contract administrative fees collected pursuant

to this subsection shall be deposited into a restricted-receipt account within the general fund

designated as the “division of purchases administrative-fee account” and shall be used for the

purposes of implementing technology for the submission and processing of bids, online vendor

registration, bid notification, and other costs related to state procurement. On or before January 15,

2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall

file a report with the governor, the speaker of the house, and the president of the senate detailing:

(i) The total amount of funds collected and deposited into the division of purchases

administrative-fee account for the most recently completed fiscal year;

(ii) The account balance as of the date of the report;

(iii) An itemization of all expenditures and other uses of said funds from said account for

the most recently completed fiscal year; and

(iv) An annual evaluation as to the appropriateness of the amount of the contract

administrative fee on master-price agreements.

controller is authorized to offset any currently recorded outstanding liability on the part of

developmental disability organizations (DDOs) to repay previously authorized startup capital

advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

proceeds being deposited into the information technology investment fund restricted receipt

account established pursuant to § 42-11-2.5(a).

SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management

and Disposal of Property” is hereby amended to read as follows:

37-7-15. Sale of state-owned land, buildings and improvements thereon and other real

property.

(a) Total annual proceeds from the sale of any land and the buildings and improvements

thereon, and other real property, title to which is vested in the state of Rhode Island or title to which

will be vested in the state upon completion of any condemnation or other proceedings, shall be

transferred to the information technology restricted receipt account (ITRR account) and made

available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law.

(b) Provided, however, this shall not include proceeds from the sale of any land and the

buildings and improvements thereon that will be created by the relocation of interstate route 195,

which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified

in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis”

prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain

tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode

Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195,

Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”

controller is authorized to offset any currently recorded outstanding liability on the part of

developmental disability organizations (DDOs) to repay previously authorized startup capital

advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

proceeds being deposited into the information technology investment fund.

SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled

"Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:

39-18.1-4. Rhode Island highway maintenance account created.

(a) There is hereby created a special account in the intermodal surface transportation fund

as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.

(b) The fund shall consist of all those moneys that the state may, from time to time, direct

to the fund, including, but not necessarily limited to, moneys derived from the following sources:

(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than

those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid

by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each

subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)

each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,

2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)

from July 1, 2015, through June 30, 2016, and each year thereafter.

(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be

as set forth below and shall be paid in full in order to register the vehicle or truck and upon each

subsequent renewal:

Plate Type Surcharge

Antique $5.00

Farm $10.00

Motorcycle $13.00

(ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;

(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than

those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks

subject to annual registration, to be paid annually by each vehicle or truck owner in order to register

that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be

phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)

from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,

2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year

thereafter.

(i) For registrations of the following plate types, the surcharge shall be as set forth below

and shall be paid in full in order to register the plate, and upon each subsequent renewal:

Plate Type Surcharge

Boat Dealer $6.25

Cycle Dealer $6.25

In-transit $5.00

Manufacturer $5.00

New Car Dealer $5.00

Used Car Dealer $5.00

Racer Tow $5.00

Transporter $5.00

Bailee $5.00

(ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars

and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five

cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)

from July 1, 2014, through June 30, 2015, and each year thereafter;

(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor

vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge

will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars

($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,

through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and

each year thereafter. In the event that a license is issued or renewed for a period of less than five

(5) years, the surcharge will be prorated according to the period of time the license will be valid;

(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,

except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode

Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees

be transferred as follows:

(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;

(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;

(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and

(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be

deposited;

(5) All remaining funds from previous general obligation bond issues that have not

otherwise been allocated.

section shall be deposited in the Rhode Island highway maintenance account and shall be used only

for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues

to partially offset cost of collections

(d) Unexpended balances and any earnings thereon shall not revert to the general fund but

shall remain in the Rhode Island highway maintenance account. There shall be no requirement that

monies received into the Rhode Island highway maintenance account during any given calendar

year or fiscal year be expended during the same calendar year or fiscal year.

(e) The Rhode Island highway maintenance account shall be administered by the director,

who shall allocate and spend monies from the fund only in accordance with the purposes and

procedures set forth in this chapter.

SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911

Emergency Telephone Number Act” is hereby amended to read as follows:

39-21.1-14. E-911 surcharge and first response surcharge.

(a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence

and business telephone line or trunk, or path and data, telephony, internet, voice over internet

protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex

equivalent trunks and each line or trunk serving, and upon each user interface number or extension

number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not

exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private

branch exchange, or connecting to or from a customer-based or dedicated telephone switch site

(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a

customer-based or dedicated central office (such as, but not exclusive of, a centrex system but

exclusive of trunks and lines provided to wireless communication companies) that can access to,

connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI

E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall

also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by

each telecommunication services provider at the inception of services and shall be payable to the

telecommunication services provider by the subscriber of the services.

(2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless

instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet

protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any

other wireless instrument, device, or means that has access to, connects with, or activates or

interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each

instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly

first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each

telecommunication services provider and shall be payable to the telecommunication services

provider by the subscriber. Prepaid wireless telecommunications services shall not be included in

this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone

system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the

general body of ratepayers this surcharge.

(b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18

of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of

computing the tax under chapter 13 of title 44.

establish a special account to which it shall deposit on a monthly basis the amounts collected as

surcharges under this section.

(d) The money collected by each telecommunication services provider shall be transferred

within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice

over internet protocol (VoIP), satellite, computer, internet, or communications services in this state

and every month thereafter, to the division of taxation, together with the accrued interest. The E-

911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of

the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in

the general fund; provided, however, that ten percent (10%) of the money collected from the first

response surcharge shall be deposited in the information technology investment fund restricted

receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred

in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from

the date the money should have been transferred.

(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section

until it has been paid to the telephone common carrier or telecommunication services provider. Any

surcharge shall be added to and shall be stated separately in the billing by the telephone common

carrier or telecommunication services provider and shall be collected by the telephone common

carrier or telecommunication services provider.

(f) Each telephone common carrier and telecommunication services provider shall annually

provide the E-911 uniform emergency telephone system division, or any other agency that may

replace it, with a list of amounts uncollected, together with the names and addresses of its

subscriber-users who can be determined by the telephone common carrier or telecommunication

services provider to have not paid the E-911 surcharge.

(g) Included within, but not limited to, the purposes for which the money collected from

the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,

maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform

emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,

upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,

including necessary computer hardware, software, and database provisioning, addressing, and non-

recurring costs of establishing emergency services; network development, operation, and

maintenance; database development, operation, and maintenance; on-premise equipment

maintenance and operation; training emergency service personnel regarding use of E-911;

educating consumers regarding the operations, limitations, role, and responsible use of E-911;

reimbursement to telephone common carriers or telecommunication services providers of rates or

recurring costs associated with any services, operation, administration, or maintenance of E-911

services as approved by the division; reimbursement to telecommunication services providers or

telephone common carriers of other costs associated with providing E-911 services, including the

cost of the design, development, and implementation of equipment or software necessary to provide

E-911 service information to PSAPs, as approved by the division.

(h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

(i) Nothing in this section shall be construed to constitute rate regulation of wireless

communication services carriers, nor shall this section be construed to prohibit wireless

communication services carriers from charging subscribers for any wireless service or feature.

(j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]

SECTION 9. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department

of Attorney General" is hereby amended to read as follows:

42-9-19. Acceptance of settlements — Attorney General settlement restricted account

Acceptance of settlements -- Multi-state initiatives -- Attorney general settlement restricted

account.

(a) The attorney general is hereby authorized and empowered to accept in the name of the

state any settlement resulting from a multi-state initiative. The attorney general is additionally

authorized and empowered to recover attorney’s fees and costs that shall be considered settlement

proceeds for purposes of this chapter.

(b) The settlement proceeds shall be transferred to the general treasurer for deposit in the

general fund. The general treasurer shall transfer proceeds, up to seven hundred and fifty thousand

dollars ($750,000) in any fiscal year, to the “attorney general multi-state initiative restricted-receipt

account.” Any balance in excess of seven hundred and fifty thousand dollars ($750,000) remaining

in the account at the end of the fiscal year shall be transferred back to the state general fund. The

restricted-receipt account shall be used to pay for staff, operational, and litigation costs associated

with multi-state initiatives.

terms of the relevant master settlement agreement shall be subject to the annual appropriation

process and approval by the general assembly.

SECTION 10. Chapter 42-9 of the General Laws entitled "Department of Attorney

General" is hereby amended by adding thereto the following section:

42-9-19.1. Acceptance of settlements -- Non-Multi-state initiatives -- Attorney general

settlement restricted account.

(a) There is hereby established a restricted receipt account within the Department of

Attorney General department of attorney general entitled "attorney general non-multi-state

initiative restricted-receipt account." Funds consisting of attorneys' fees previously recovered

pursuant to the Distributors -- Rhode Island Settlement Agreement resolving opioid-related claims

against McKesson Corporation, Cardinal Health, Inc., and/or AmerisourceBergen Corporation in

the case State of Rhode Island v. Purdue Pharma L.P. et al., CA No. PC-2018-4455, shall be

deposited into this restricted receipt account.

(b) The following funds shall also be deposited into this restricted receipt account:

(1) All future attorneys' fees recovered from the case referenced in subsection (a) of this

section; and

(2) Twenty percent (20%) of attorneys' fees recovered in other non-multi-state initiatives.

expenses of the Department department.

(d) Expenditures from this restricted receipt account shall be subject to the annual

appropriation process and approval by the general assembly.

(e) All settlement proceeds from non-multi-state initiatives, except those deposited in this

restricted receipt account pursuant to this section, shall be deposited into the general fund.

SECTION 11. Sections 42-11-2.5, 42-11-2.6 and 42-11-2.8 of the General Laws in Chapter

42-11 entitled “Department of Administration” are hereby amended to read as follows:

42-11-2.5. Information technology investment fund Information technology restricted

receipt account and large systems initiatives fund.

(a) All sums from the sale of any land and the buildings and improvements thereon, and

other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-

7-15(c), shall be transferred to an information technology investment fund restricted-receipt

account (ITRR account) that is hereby established. This fund ITRR account shall consist of such

sums from the sale of any land and the buildings and improvements thereon, and other real property,

title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as

a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This

fund ITRR account may also consist of such sums as the state may from time to time appropriate;

as well as money received from the disposal of information technology equipmenthardware, loan,

interest, and service charge payments from benefiting state agencies; as well as interest earnings,

money received from the federal government, gifts, bequest, donations, or otherwise from any

public or private source. Any such funds shall be exempt from the indirect cost recovery provisions

of § 35-4-27.

(b)(1) This fund ITRR account shall be used for the purpose of acquiring information

technology improvements, including, but not limited to: hardware, software, consulting services,

and ongoing maintenance and upgrade contracts for state departments and agencies.

(c)(2) The division of enterprise technology strategy and service services of the Rhode

Island department of administration shall adopt rules and regulations consistent with the purposes

of this chapter and chapter 35 of this title, in order to provide for the orderly and equitable

disbursement of funds from this ITRR account.

(d)(3) For all requests for proposals that are issued for information technology projects, a

corresponding information technology project manager shall be assigned.

(b) There is also hereby established a special fund to be known as the large systems

initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered

by the chief information officer within the department of administration for the purpose of

implementing and maintaining enterprise-wide software projects for executive branch departments.

The LSI fund shall consist of such sums as the state may from time to time directly appropriate to

the LSI fund. After the completion of any project, the chief digital officer shall inform the state

controller of unexpended sums previously transferred to the LSI Fund for that project and the state

controller shall subsequently transfer any such unexpended funds to the information technology

restricted receipt account.

budget submission pursuant to § 35-3-4 relative to state fiscal year 2025 and thereafter, the

department of administration shall include a statement of project purpose and the estimated project

cost.

42-11-2.6. Office of Digital Excellence established.

(a) Within the department, division of enterprise technology strategy and services, there

shall be established the Office of Digital Excellence. The purposes of the office shall be to move

Rhode Island state government into the 21st century through the incorporation of innovation and

modern digital capabilities throughout state government and to leverage technology to expand and

improve the quality of services provided to Rhode Island citizens; to promote greater access to

government and the internet throughout cities and towns; and to position Rhode Island as a national

leader in e-government.

(b) Within the office, there shall be a chief digital officer who shall be appointed by the

director of administration with the approval of the governor and who shall be in the unclassified

service. The chief digital officer shall report to the director of administration and be required to:

(1) Manage the implementation of all new and mission-critical technology infrastructure

projects and upgrades for state agencies. The division of enterprise technology strategy and

services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day

operations of the state’s technology infrastructure, telecommunications, and associated

applications;

(2) Increase the number of government services that can be provided online in order to

allow residents and businesses to complete transactions in a more efficient and transparent manner;

(3) Improve the state’s websites to provide timely information to online users and as many

government services as possible online; and

(4) Establish, improve, and enhance the state’s use of social media and mobile

technological applications.

and services in order to plan, allocate, and implement projects supported by the information

technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-

11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b).

(d) All intellectual property created as a result of work undertaken by employees of the

office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the

name of the state.

(e) The director of administration may promulgate rules and regulations recommended by

the chief digital officer in order to effectuate the purposes and requirements of this act.

(f) The chief digital officer shall report no later than January 31, 2013, and every January

31 thereafter, to the governor, the speaker of the house of representatives, and the senate president

regarding the implementation status of all technology infrastructure projects; website

improvements; number of e-government transactions and revenues generated; projects supported

by the information technology investment fund restricted receipt account; and all other activities

undertaken by the office. The report shall also include planned use for projects related to public

safety communications and emergency services, recommendations on the development of and

opportunities for shared implementation and delivery of these services among municipalities, and

strategies for such shared services. The annual report shall be posted on the office’s website.

42-11-2.8. Division of enterprise technology strategy and services established.

(a) Established. Within the department there shall be established the division of enterprise

technology strategy and service services (ETSS), which shall include the office of information

technology, the office of digital excellence (ODE), and the office of library and information

services (OLIS). Within ETSS, there shall be a chief digital officer in the unclassified service who

shall oversee and manage the division and shall be appointed by the director of administration. Any

prior reference in statute to the division of information technology shall now mean ETSS. The chief

digital officer shall supervise the state’s chief information officer, chief technology officer, chief

information security officer, the directors of information technology, and all associated employees.

The chief digital officer may promulgate rules and regulations in order to effectuate the purposes

and requirements of this act.

(b) Purposes; duties. The purposes of ETSS shall be to align existing and future technology

platforms, along with technical expertise, across the agencies of the executive branch. ETSS shall

be responsible for managing and consolidating the strategy and budgets of the division, including

the office of information technology, the office of library and information services and the office

of digital excellence, and the information technology investment fund restricted receipt account.

The focus of ETSS will be to lead the strategic technology decisions and efforts across all of the

executive branch state agencies; identify opportunities to implement technology solutions across

state agencies to prevent duplication of systems and effort; as well as effectively support these

solutions in an efficient manner. ETSS shall have the following duties:

(1) Manage the implementation of all new and mission-critical technology infrastructure

projects and upgrades for state agencies. The office of information technology, under ETSS, shall

manage and support all day-to-day operations of the state’s technology infrastructure,

telecommunications, and associated applications;

(2) Manage the office of digital excellence in order to ensure that large-scale technology

projects are delivered in a timely manner in accordance with accepted best-industry practices;

(3) To oversee the chief of library services and the office of library and information services

to ensure that this office fulfills its statutory duties in an effective manner;

(4) Coordinate efforts with the director of administration in order to plan, allocate, and

implement projects supported by the information technology investment fund restricted receipt

account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives

fund (LSI fund) established pursuant to § 42-11-2.5(b);

(5) Supervise all intellectual property created as a result of work undertaken by employees

of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents

applied for shall be in the name of the state.

governor, the speaker of the house of representatives, and the senate president regarding the

implementation status of all technology infrastructure projects; website improvements; number of

e-government transactions and revenues generated; projects supported by the information

technology investment fund restricted receipt account; and all other activities undertaken by the

division. The annual report shall be posted on the ETSS website.

SECTION 12. This article shall take effect upon passage.