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art.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.

     (c) The local registrar shall charge fees for searches and copies of records 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, 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. Section 31-2-27 of the General Laws in Chapter 31-2 entitled “Division of

Motor Vehicles” is hereby amended to read as follows: 

     31-2-27. Technology surcharge fee.

     (a) The division of motor vehicles shall collect a technology surcharge fee of two dollars

and fifty cents ($2.50) per transaction for every division of motor vehicles’ fee transaction, except

as otherwise provided by law and provided no surcharge fee is assessed on motor vehicle inspection

transactions conducted pursuant to § 31-38-4. One dollar and fifty cents ($1.50) of each two dollars

and fifty cents ($2.50) collected pursuant to this section shall be deposited into the information

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

11-2.5(a) and shall be used for project-related payments and/or ongoing maintenance of and

enhancements to the division of motor vehicles’ computer system and to reimburse the information

technology investment fund for advances made to cover project-related payments. The remaining

one dollar ($1.00) shall be deposited into a restricted-receipt account managed by the division of

motor vehicles and restricted to the project-related payments and/or ongoing maintenance of and

enhancements to the division of motor vehicles’ computer system.

     (b) [Deleted by P.L. 2019, ch. 88, art. 7, § 1].

     (c) Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited

into the division of motor vehicles restricted account and restricted to the project-related payments

and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer

system.

     SECTION 3. 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.

     (c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be

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

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

     (d) The supplemental state budget reserve account shall consist of such sums as the state

may from time to time directly transfer to the account as authorized in law.

     SECTION 4. 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

     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 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.

     (c) Subject to the approval of the director of the department of administration, the state

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”

     (c) Subject to the approval of the director of the department of administration, the state

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.

     (c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this

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.

     (c) Each telephone common carrier and each telecommunication services provider shall

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. Sections 42-11-2.5, 42-11-2.6, 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. 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 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.

     (c) In the event that a project falls both within the purposes stated above for the ITRR

account and the LSI fund, the chief digital officer for the division of enterprise technology strategy

and service, or his or her designee, may determine the funding allocation between the ITRR and

the LSI fund.

     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.

     (c) The office shall coordinate its efforts with the division of enterprise technology strategy

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; 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 (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. 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.

     (c) Reporting. The chief digital officer shall annually report no later than January 31 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; and all other activities undertaken by the division. The annual report

shall be posted on the ETSS website.

     SECTION 10. This article shall take effect upon passage.