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art.009/6/009/5/009/4/009/3/009/2/009/1 | ||
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1 | ARTICLE 9 AS AMENDED | |
2 | RELATING TO GOVERNMENT REFORM | |
3 | SECTION 1. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and | |
4 | Control" is hereby amended to read as follows: | |
5 | 35-6-1. Controller -- Duties in general. -- (a) Within the department of administration | |
6 | there shall be a controller who shall be appointed by the director of administration pursuant to | |
7 | chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control | |
8 | and shall be required to: | |
9 | (1) Administer a comprehensive accounting and recording system which will classify the | |
10 | transactions of the state departments and agencies in accordance with the budget plan; | |
11 | (2) Maintain control accounts for all supplies, materials, and equipment for all | |
12 | departments and agencies except as otherwise provided by law; | |
13 | (3) Prescribe a financial, accounting, and cost accounting system for state departments | |
14 | and agencies; | |
15 | (4) Preaudit all state receipts and expenditures; | |
16 | (5) Prepare financial statements required by the several departments and agencies, by the | |
17 | governor, or by the general assembly; | |
18 | (6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all | |
19 | expenditures under authority of the legislative department and the judicial department by the state | |
20 | controller shall be purely ministerial, concerned only with the legality of the expenditure and | |
21 | availability of the funds, and in no event shall the state controller interpose his or her judgment | |
22 | regarding the wisdom or expediency of any item or items of expenditure; | |
23 | (7) Prepare and timely file, on behalf of the state, any and all reports required by the | |
24 | United States, including, but not limited to, the internal revenue service, or required by any | |
25 | department or agency of the state, with respect to the state payroll; and | |
26 | (8) Prepare a preliminary closing statement for each fiscal year. The controller shall | |
27 | forward the statement to the chairpersons of the house finance committee and the senate finance | |
28 | committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by | |
29 | September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment | |
30 | of the appropriations act, whichever is later. The report shall include but is not limited to: | |
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1 | (i) A report of all revenues received by the state in the completed fiscal year, together | |
2 | with the estimates adopted for that year as contained in the final enacted budget, and together | |
3 | with all deviations between estimated revenues and actual collections. The report shall also | |
4 | include cash collections and accrual adjustments; | |
5 | (ii) A comparison of actual expenditures with each of the actual appropriations, | |
6 | including supplemental appropriations and other adjustments provided for in the Rhode Island | |
7 | General Laws; | |
8 | (iii) A statement of the opening and closing surplus in the general revenue account; and | |
9 | (iv) A statement of the opening surplus, activity, and closing surplus in the state budget | |
10 | reserve and cash stabilization account and the state bond capital fund. | |
11 | (b) The controller shall provide supporting information on revenues, expenditures, | |
12 | capital projects, and debt service upon request of the house finance committee chairperson, senate | |
13 | finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. | |
14 | (c) Upon issuance of the audited annual financial statement, the controller shall provide a | |
15 | report of the differences between the preliminary financial report and the final report as contained | |
16 | in the audited annual financial statement. | |
17 | (d) Upon issuance of the audited financial statement, the controller shall transfer all | |
18 | general revenues received in the completed fiscal year net of transfer to the state budget reserve | |
19 | and cash stabilization account as required by section 35-3-20 in excess of those estimates adopted | |
20 | for that year as contained in the final enacted budget to the employees' retirement system of the | |
21 | state of Rhode Island as defined in section 36-8-2. | |
22 | (e) The controller shall create a special fund not part of the general fund and shall | |
23 | deposit amounts equivalent to all deferred contributions under this act into that fund. Any | |
24 | amounts remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who | |
25 | shall transfer such amounts into the retirement system as appropriate. | |
26 | (f) The controller shall implement a direct deposit payroll system for state employees. | |
27 | (i) There shall be no service charge of any type paid by the state employee at any time | |
28 | which shall decrease the net amount of the employee's salary deposited to the financial institution | |
29 | of the personal choice of the employee as a result of the use of direct deposit. | |
30 | (ii) Employees hired after September 30, 2014, shall participate in the direct deposit | |
31 | system. At the time the employee is hired, the employee shall identify a financial institution that | |
32 | will serve as a personal depository agent for the employee. | |
33 | (iii) No later than June 30, 2016, each employee hired before September 30, 2014, who is | |
34 | not a participant in the direct deposit system, shall identify a financial institution that will serve as | |
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1 | a personal depository agent for the employee. | |
2 | (iv) The controller shall promulgate rules and regulations as necessary for | |
3 | implementation and administration of the direct deposit system, which shall include limited | |
4 | exceptions to required participation. | |
5 | SECTION 2. Section 36-7-2 of the General Laws in Chapter 36-7 entitled "Federal Old- | |
6 | Age and Survivors' Insurance" is hereby amended to read as follows: | |
7 | 36-7-2. Definitions. -- For the purposes of §§ 36-7-1 – 36-7-31, 36-7-33.1, and 36-7-35, | |
8 | the following terms shall have the meanings indicated unless different meanings are clearly | |
9 | expressed or required by the context: | |
10 | (1) "Agency of the state" shall mean: | |
11 | (i) All departments, divisions, agencies, and instrumentalities of the state which are not | |
12 | juristic entities, legally separate and distinct from the state; | |
13 | (ii) Civilian employees of the Rhode Island national guard; or | |
14 | (iii) Any instrumentality of the state such as fire districts, water districts, water | |
15 | authorities, sewer commissions and authorities, housing authorities, or other instrumentality of | |
16 | the state which are a juristic entity and legally separate and distinct from the state and if the | |
17 | employees of the instrumentality are not by virtue of their relation to juristic entity employees of | |
18 | the state. Without limiting the generality of the foregoing, examples of those agencies would be | |
19 | the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer | |
20 | district commission, and other like instrumentalities of the state. | |
21 | (2) "City or town" shall mean: | |
22 | (i) Any city or town of the state of Rhode Island, inclusive of any department, division, | |
23 | agency, board, commission, or bureau thereof; | |
24 | (ii) Any instrumentality of a city or town which is a juristic entity and legally separate | |
25 | and distinct from the city or town and if its employees are not by virtue of their relation to the | |
26 | juristic entity employees of the city or town; or | |
27 | (iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity as | |
28 | provided in subdivision (ii) hereof. | |
29 | (3) "IRC" shall mean the Internal Revenue Code of 1986, as amended. | |
30 | (4) "Coverage group" shall mean: | |
31 | (i) All employees of the state other than those engaged in performing service in | |
32 | connection with a proprietary function; | |
33 | (ii) All employees of a city or town other than those engaged in performing service in | |
34 | connection with a single proprietary function; | |
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1 | (iii) All employees of the state engaged in performing service in connection with a single | |
2 | proprietary function; | |
3 | (iv) All employees of an agency of the state; | |
4 | (v) All employees of a city or town of the state engaged in performing service in | |
5 | connection with a single proprietary function. If under the preceding sentence an employee would | |
6 | be included in more than one coverage group by reason of the fact that he or she performs service | |
7 | in connection with two (2) or more proprietary functions or in connection with both a proprietary | |
8 | function and a nonproprietary function, he or she shall be included in only one coverage group. | |
9 | The determination of the coverage group in which the employee shall be included shall be made | |
10 | in such manner as may be specified in the agreement. Members of retirement systems shall | |
11 | constitute separate coverage groups as provided in § 36-7-10. | |
12 | (5) "Employee" shall mean any officer or employee of any city, town, or agency of the | |
13 | state receiving salaries or wages for employment. | |
14 | (6) "Employment" shall mean any service performed by an employee for wages as a | |
15 | member of a coverage group as herein defined, including service of an emergency nature, service | |
16 | in any class or classes of elective positions and service in part-time positions, but excluding the | |
17 | following: | |
18 | (i) Service in a position the compensation for which is on a fee basis; | |
19 | (ii) Service performed by election officials or election workers for calendar year 2003 in | |
20 | which the remuneration paid for that service is less than one thousand two hundred fifty dollars | |
21 | ($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the | |
22 | adjusted amount in accordance with section 218(c)(8)(B) of the Social Security Act; | |
23 | (iii) Service which under the federal Social Security Act may not be included in an | |
24 | agreement between the state and the secretary entered into under this chapter; | |
25 | (iv) Service which, in the absence of an agreement entered into under §§ 36-7-1 – 36-7- | |
26 | 31, would constitute "employment" as defined in the federal Social Security Act. Service which | |
27 | under the federal Social Security Act may be included in an agreement only upon certification by | |
28 | the governor in accordance with § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § | |
29 | 418(d)(3), shall be included in the term "employment" if and when the governor issues, with | |
30 | respect to that service, a certificate to the secretary, pursuant to § 36-7-19. | |
31 | (B) Notwithstanding any of the foregoing, if pursuant to § 141 of P.L. 92-603, 42 U.S.C. | |
32 | § 418, the state agreement with the federal government referred to in § 36-7-3 is modified | |
33 | appropriately at any time prior to January 1, 1974, the term "employment" with respect to any | |
34 | coverage group specified in the modification shall, effective after the effective date specified in | |
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1 | the modification, include services in designated part-time positions but not services performed in | |
2 | the employ of a school, college, or university by a student who is enrolled and regularly attending | |
3 | classes at that school, college, or university. | |
4 | (7) "FARP" shall mean the FICA Alternative Retirement Income Security Program as | |
5 | described in § 36-7-33.1. | |
6 | (8) "FARP-eligible employee" shall mean any part-time, seasonal, or temporary | |
7 | employee of the state of Rhode Island who is ineligible for participation in the Employees' | |
8 | Retirement System of Rhode Island. | |
9 | (9) "FARP part-time employee" shall mean an employee of the state of Rhode Island who | |
10 | works less than twenty (20) hours or less per week, in accordance with IRC standards. | |
11 | (10) "Federal Insurance Contributions Act" or "FICA" shall mean subchapter A of | |
12 | chapter 9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21 of the | |
13 | federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21 of the federal | |
14 | Internal Revenue Code of 1986 as those codes have been and may from time to time be amended; | |
15 | and the term "employee tax" shall mean the tax imposed by § 1400 of the code of 1939, § 3101 of | |
16 | the code of 1954, and § 3101 of the code of 1986. | |
17 | (11) "Federal Social Security Act", 42 U.S.C. § 301 et seq., shall mean the act of | |
18 | congress approved August 14, 1935, officially cited as the "Social Security Act", including any | |
19 | amendments thereto, and any regulations, directives, or requirements interpretative or | |
20 | implementive thereof. | |
21 | (12) "Part-time employment" shall mean any employment by those who work on a | |
22 | regularly scheduled basis regardless of hours. | |
23 | (13) "Retirement board" shall mean the retirement board as provided in chapter 8 of this | |
24 | title. | |
25 | (14) "Secretary", except when used in the title "secretary of the treasury", shall mean the | |
26 | secretary of health and human services and any individual to whom the secretary of health and | |
27 | human services has delegated any of his or her functions under the federal Social Security Act, 42 | |
28 | U.S.C. § 301 et seq., with respect to coverage under that act of employees of states and their | |
29 | political subdivisions. | |
30 | (15) "Sick pay" shall mean the amount of any payment (including any amount paid by an | |
31 | employer for insurance or annuities, or into a fund to provide for any sick pay) made to, or on | |
32 | behalf of, an employee or any of his or her dependents under a plan or system established by an | |
33 | employer which makes provision for his employees generally (or for his or her employees | |
34 | generally and their dependents) or for a class or classes of his employees (or for a class or classes | |
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1 | of his employees and their dependents), on account of sickness or accident disability. | |
2 | (16) "State" shall mean the state of Rhode Island. | |
3 | (17) "Wages" or "salaries" shall mean all compensation received by an employee for | |
4 | employment as defined herein, including the cash value of all remuneration received by an | |
5 | employee in any medium other than cash, except that this term shall not include that part of the | |
6 | remuneration which, even if it were for "employment" within the meaning of the Federal | |
7 | Insurance Contributions Act, 26 U.S.C. § 3101 et seq., would not constitute "wages" within the | |
8 | meaning of that act. | |
9 | SECTION 3. Sections 37-2.3-3 and 37-2.3-4 of the General Laws in Chapter 37-2.3 | |
10 | entitled "Government Oversight and Fiscal Accountability Review Act" are hereby amended to | |
11 | read as follows: | |
12 | 37-2.3-3. Definitions. -- As used in this chapter, the following terms shall have the | |
13 | following meanings: | |
14 | (1) "Agency" includes any executive office, department, division, board, commission, or | |
15 | other office or officer in the executive branch of the government. | |
16 | (2) "Person" includes an individual, institution, federal, state, or local governmental | |
17 | entity, or any other public or private entity. | |
18 | (3) "Private contractor employee" includes a worker directly employed by a private | |
19 | contractor, as defined in this section, as well as an employee of a subcontractor or an independent | |
20 | contractor that provides supplies or services to a private contractor. | |
21 | (4) "Privatization or privatization contract" means an agreement or combination or series | |
22 | of agreements by which a non-governmental person or entity agrees with an agency to provide | |
23 | services expected to result in a fiscal year expenditure of at least one hundred fifty thousand | |
24 | dollars ($150,000) (as of July 1 each year, the amount shall increase to reflect increases in the | |
25 | consumer price index calculated by the United States Bureau of Labor Statistics for all urban | |
26 | consumers nationally during the most recent twelve (12) month period for which data are | |
27 | available or more), which would contract services which are substantially similar to and in | |
28 | replacement of work normally performed by an employee of an agency as of June 30, 2007. | |
29 | "Privatization" or "privatization contract" excludes: | |
30 | (i) Contracts resulting from an emergency procurement; | |
31 | (ii) Contracts with a term of one hundred eighty (180) days or less on a non-recurring | |
32 | basis; | |
33 | (iii) Contracts to provide highly specialized or technical services not normally provided | |
34 | by state employees; | |
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1 | (iv) Any subsequent contract which: (a) renews or rebids a prior privatization contract | |
2 | which existed before June 30, 2007; or (b) renews or rebids a privatization contract that was | |
3 | subject to the provisions of this statute after its enactment; and | |
4 | (v) An agreement to provide legal services or management consulting services. | |
5 | (5) "Privatization contractor" is any vendor, contractor, consultant, subcontractor, | |
6 | independent contractor or private business owner that contracts with a state agency to perform | |
7 | services in accordance with the definition of a "privatization contract." | |
8 | (6) "Services" includes, with respect to a private contractor, all aspects of the provision | |
9 | of services provided by a private contractor pursuant to a privatization contract, or any services | |
10 | provided by a subcontractor of a private contractor. | |
11 | 37-2.3-4. Fiscal monitoring of privatization contracts. -- Each private contractor shall | |
12 | file a copy of each executed subcontract or amendment to the subcontract with the agency, which | |
13 | shall maintain the subcontract or amendment as a public record, as defined in the access to public | |
14 | records act. | |
15 | (1) Audits. - Privatization contracts shall be subject to audit or review, as defined by the | |
16 | American Institute of Certified Public Accountants, by the office of the auditor general at the | |
17 | discretion of the auditor general. Any audit or review shall be conducted in compliance with | |
18 | generally accepted auditing standards. | |
19 | (2) Access. - All privatization contracts shall include a contract provision specifying | |
20 | language that provides public access to the complete contract. | |
21 | (3) Fiscal accountability. - As part of the budgetary process, each state agency shall | |
22 | provide an addendum to include in their submitted budget request a listing of all privatization | |
23 | contracts for the prior, current and subsequent fiscal years. ; the name of each contractor, | |
24 | subcontractor, duration of the contract provided and services provided; the total cost of each | |
25 | contract(s) for the prior year; and the projected number of privatization service contracts for the | |
26 | current and upcoming year, the total cost of each contract(s) for the prior year; the estimated costs | |
27 | of each contract(s) for the current and upcoming year. The addendum for each agency shall also | |
28 | contain a summary of contracted private contractor employees for each contract, reflected as full- | |
29 | time equivalent positions, their hourly wage rate, and the number of private contractor employees | |
30 | and consultants for the current and previous fiscal year. For the prior fiscal year, the listing shall | |
31 | include the name of each contractor; a description of the services provided; the amount expended | |
32 | for the fiscal year; the positions employed by title, if applicable; and the hourly wage paid by | |
33 | position, if applicable. For the current and upcoming fiscal years, the listing shall include the | |
34 | name of each contractor, if known at the time the listing is prepared; a description of the services | |
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1 | to be provided; the amount budgeted for the contract in each fiscal year; the positions to be | |
2 | employed by title, if known and applicable; and the hourly wage to be paid by position, if known | |
3 | and applicable. Positions shall be reflected as full-time equivalent positions. The listings shall be | |
4 | published annually online at the state's transparency portal or an equivalent website, available for | |
5 | public inspection, no later than December 1 of each year. | |
6 | SECTION 4. Section 42-90-1 of the General Laws in Chapter 42-90 entitled "Disclosure | |
7 | of Names of State Government Consultants" is hereby amended to read as follows: | |
8 | 42-90-1. Public disclosure required. -- (a) All departments, commissions, boards, | |
9 | councils, other agencies in the government of the state and public corporations shall annually | |
10 | prepare and submit to the secretary of state quarterly a budget office by October 1 a list | |
11 | containing: | |
12 | (1) The name of any person privatization contractor, or vendor who performed legal, | |
13 | medical, accounting, engineering, or any other professional, technical or consultant service to the | |
14 | department, commission, board, council, agency or public corporation on a contractual basis | |
15 | during the previous quarter fiscal year; and | |
16 | (2) The amount of compensation received by each consultant during the previous quarter | |
17 | fiscal year. | |
18 | (b) All departments, commissions, boards, councils, other agencies in the government of | |
19 | the state and public corporations shall prepare and submit to the secretary of state budget office | |
20 | on an annual basis by October 1 a contracting report containing: | |
21 | (1) Digital/Electronic copies Copies of all contracts or agreements by which a | |
22 | nongovernmental person or entity agrees with the department, commission, board, council, | |
23 | agency or public corporation to provide services, valued at one hundred thousand dollars | |
24 | ($100,000) one hundred fifty thousand dollars ($150,000) or more, which are substantially similar | |
25 | to and in lieu of services heretofore provided, in whole or in part, by regular employees | |
26 | replacement of work normally performed by an employee of the department, commission, board, | |
27 | council, agency or public corporation; and. | |
28 | (2) A budget analysis of each contract reported pursuant to this subsection containing the | |
29 | cost of each contract for the prior, current and next year; and the number of private contractor | |
30 | employees reflected as full-time equivalent positions with their hourly wage rate, and costs of | |
31 | benefits for each job classification for the current and previous year. | |
32 | (c) The secretary of state budget office shall compile, publish, and make available for | |
33 | public inspection all lists and contracting reports prepared in accordance with this chapter post | |
34 | electronic/digital copies of all contracts and reports online using the state's transparency portal or | |
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1 | an equivalent website, available for public inspection, annually no later than December 1 of each | |
2 | year. | |
3 | SECTION 5. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911 | |
4 | Emergency Telephone Number Act" is hereby amended to read as follows: | |
5 | 39-21.1-14. Funding. -- (a) A monthly surcharge of one dollar ($1.00) is hereby levied | |
6 | upon each residence and business telephone line or trunk or path and data, telephony, Internet, | |
7 | Voice Over Internet Protocol (VoIP) wireline, line, trunk or path in the state including PBX | |
8 | trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface | |
9 | number or extension number or similarly identifiable line, trunk, or path to or from a digital | |
10 | network (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath or | |
11 | comparable digital private branch exchange, or connecting to or from a customer-based or | |
12 | dedicated telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), | |
13 | or connecting to or from a customer-based or dedicated central office (such as, but not exclusive | |
14 | of, a centrex system but exclusive of trunks and lines provided to wireless communication | |
15 | companies) that can access to, connect with or interface with the Rhode Island E-911 Uniform | |
16 | Emergency Telephone System (RI E-911). The surcharge shall be billed by each | |
17 | telecommunication services provider at the inception of services and shall be payable to the | |
18 | telecommunication services provider by the subscriber of the services. A monthly surcharge of | |
19 | one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless instrument, device or | |
20 | means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP), | |
21 | satellite, computer, radio, communication, data or data only wireless lines or any other wireless | |
22 | instrument, device or means which has access to, connects with, or activates or interfaces or any | |
23 | combination thereof with the E 9-1-1 Uniform Emergency Telephone System. The surcharge | |
24 | shall be in addition to the surcharge collected under section 39-1-62 and shall be billed by each | |
25 | telecommunication services provider and shall be payable to the telecommunication services | |
26 | provider by the subscriber. Prepaid wireless telecommunications services shall not be included in | |
27 | this act, but shall be governed by chapter 21.2 of title 39. The E-911 Uniform Emergency | |
28 | Telephone System shall establish, by rule or regulation an appropriate funding mechanism to | |
29 | recover from the general body of ratepayers this surcharge. | |
30 | (b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18 | |
31 | of title 44 nor be included within the telephone common carrier's gross earnings for the purpose | |
32 | of computing the tax under chapter 13 of title 44. | |
33 | (c) Each telephone common carrier and each telecommunication services provider shall | |
34 | establish a special account to which it shall deposit on a monthly basis the amounts collected as a | |
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1 | surcharge under this section. | |
2 | (d) The money collected by each telecommunication services provider shall be | |
3 | transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, | |
4 | telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet, or communications | |
5 | services in this state and every month thereafter, to the division of taxation, together with the | |
6 | accrued interest and shall be deposited in the general fund as general revenue. : provided, | |
7 | however, that beginning July 1, 2015, ten (10) percent of such money collected shall be deposited | |
8 | in the Information Technology Investment Fund established pursuant to § 42-11-2.5. Any money | |
9 | not transferred in accordance with this paragraph shall be assessed interest at the rate set forth in | |
10 | section 44-1-7 from the date the money should have been transferred. | |
11 | (e) Every billed subscriber-user shall be liable for any surcharge imposed under this | |
12 | section until it has been paid to the telephone common carrier or telecommunication services | |
13 | provider. Any surcharge shall be added to and may be stated separately in the billing by the | |
14 | telephone common carrier or telecommunication services provider and shall be collected by the | |
15 | telephone common carrier or telecommunication services provider. | |
16 | (f) Each telephone common carrier and telecommunication services provider shall | |
17 | annually provide the E 9-1-1 uniform emergency telephone system division or any other agency | |
18 | that may replace it, with a list of amounts uncollected together with the names and addresses of | |
19 | its subscriber-users who can be determined by the telephone common carrier or | |
20 | telecommunication services provider to have not paid the surcharge. | |
21 | (g) Included within, but not limited to, the purposes for which the money collected may | |
22 | be used are rent, lease, purchase, improve, construct, maintenance, repair, and utilities for the | |
23 | equipment and site or sites occupied by the E 9-1-1 uniform emergency telephone system; | |
24 | salaries, benefits, and other associated personnel costs; acquisition, upgrade or modification of | |
25 | PSAP equipment to be capable of receiving E 9-1-1 information, including necessary computer | |
26 | hardware, software, and data base provisioning, addressing, and non-recurring costs of | |
27 | establishing emergency services; network development, operation and maintenance; data-base | |
28 | development, operation, and maintenance; on-premise equipment maintenance and operation; | |
29 | training emergency service personnel regarding use of E 9-1-1; educating consumers regarding | |
30 | the operations, limitations, role and responsible use of E 9-1-1; reimbursement to telephone | |
31 | common carriers or telecommunication services providers of rates or recurring costs associated | |
32 | with any services, operation, administration or maintenance of E 9-1-1 services as approved by | |
33 | the division; reimbursement to telecommunication services providers or telephone common | |
34 | carriers of other costs associated with providing E 9-1-1 services, including the cost of the design, | |
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1 | development, and implementation of equipment or software necessary to provide E 9-1-1 service | |
2 | information to PSAP's, as approved by the division. | |
3 | (h) [Deleted by P.L. 2000, ch. 55, art. 28, section 1.] | |
4 | (i) Nothing in this section shall be construed to constitute rate regulation of wireless | |
5 | communication services carriers, nor shall this section be construed to prohibit wireless | |
6 | communication services carriers from charging subscribers for any wireless service or feature. | |
7 | (j) [Deleted by P.L. 2006, ch. 246, art. 4, section 1_. | |
8 | SECTION 6. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department | |
9 | of Administration" is hereby amended to read as follows: | |
10 | 42-11-2. Powers and duties of department. -- The department of administration shall | |
11 | have the following powers and duties: | |
12 | (1) To prepare a budget for the several state departments and agencies, subject to the | |
13 | direction and supervision of the governor; | |
14 | (2) To administer the budget for all state departments and agencies, except as | |
15 | specifically exempted by law; | |
16 | (3) To devise, formulate, promulgate, supervise, and control accounting systems, | |
17 | procedures, and methods for the state departments and agencies, conforming to such accounting | |
18 | standards and methods as are prescribed by law; | |
19 | (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, | |
20 | and services needed by state departments and agencies, except as specifically exempted by law; | |
21 | (5) To prescribe standard specifications for those purchases and contracts and to enforce | |
22 | compliance with specifications; | |
23 | (6) To supervise and control the advertising for bids and awards for state purchases; | |
24 | (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus | |
25 | and salvage, and the transfer to or between state departments and agencies of needed supplies, | |
26 | equipment, and materials; | |
27 | (8) To maintain, equip, and keep in repair the state house, state office building, and other | |
28 | premises owned or rented by the state for the use of any department or agency, excepting those | |
29 | buildings, the control of which is vested by law in some other agency; | |
30 | (9) To provide for the periodic inspection, appraisal or inventory of all state buildings | |
31 | and property, real and personal; | |
32 | (10) To require reports from state agencies on the buildings and property in their | |
33 | custody; | |
34 | (11) To issue regulations to govern the protection and custody of the property of the | |
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1 | state; | |
2 | (12) To assign office and storage space and to rent and lease land and buildings for the | |
3 | use of the several state departments and agencies in the manner provided by law; | |
4 | (13) To control and supervise the acquisition, operation, maintenance, repair, and | |
5 | replacement of state-owned motor vehicles by state agencies; | |
6 | (14) To maintain and operate central duplicating and mailing service for the several state | |
7 | departments and agencies; | |
8 | (15) To furnish the several departments and agencies of the state with other essential | |
9 | office services; | |
10 | (16) To survey and examine the administration and operation of the state departments | |
11 | and agencies, submitting to the governor proposals to secure greater administrative efficiency and | |
12 | economy, to minimize the duplication of activities, and to effect a better organization and | |
13 | consolidation of functions among state agencies; | |
14 | (17) To operate a merit system of personnel administration and personnel management | |
15 | as defined in section 36-3-3 in connection with the conditions of employment in all state | |
16 | departments and agencies within the classified service; | |
17 | (18) To assign or reassign, with the approval of the governor, any functions, duties, or | |
18 | powers established by this chapter to any agency within the department; | |
19 | (19) To establish, maintain, and operate a data processing center or centers, approve the | |
20 | acquisition and use of electronic data processing services by state agencies, furnish staff | |
21 | assistance in methods, systems and programming work to other state agencies, and arrange for | |
22 | and effect the centralization and consolidation of punch card and electronic data processing | |
23 | equipment and services in order to obtain maximum utilization and efficiency; | |
24 | (20) To devise, formulate, promulgate, supervise, and control a comprehensive and | |
25 | coordinated statewide information system designed to improve the data base used in the | |
26 | management of public resources, to consult and advise with other state departments and agencies | |
27 | and municipalities to assure appropriate and full participation in this system, and to encourage the | |
28 | participation of the various municipalities of this state in this system by providing technical or | |
29 | other appropriate assistance toward establishing, within those municipalities, compatible | |
30 | information systems in order to obtain the maximum effectiveness in the management of public | |
31 | resources; | |
32 | (i) The comprehensive and coordinated statewide information system may include a | |
33 | Rhode Island geographic information system of land-related economic, physical, cultural and | |
34 | natural resources. | |
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1 | (ii) In order to ensure the continuity of the maintenance and functions of the geographic | |
2 | information system, the general assembly may annually appropriate such sum as it may deem | |
3 | necessary to the department of administration for its support. | |
4 | (21) To administer a statewide planning program including planning assistance to the | |
5 | state departments and agencies; | |
6 | (22) To administer a statewide program of photography and photographic services; | |
7 | (23) To negotiate with public or private educational institutions in the state, in | |
8 | cooperation with the department of health, for state support of medical education; | |
9 | (24) To promote the expansion of markets for recovered material and to maximize their | |
10 | return to productive economic use through the purchase of materials and supplies with recycled | |
11 | content by the state of Rhode Island to the fullest extent practically feasible; | |
12 | (25) To approve costs as provided in section 23-19-32; and | |
13 | (26) To provide all necessary civil service tests for child protective investigators and | |
14 | social workers at least twice each year and to maintain an adequate hiring list for these positions | |
15 | at all times. | |
16 | (27)(a) To prepare a report every three (3) months by all current property leases or | |
17 | rentals by any state or quasi-state agency to include the following information: | |
18 | (i) Name of lessor; | |
19 | (ii) Description of the lease (purpose, physical characteristics, and location); | |
20 | (iii) Cost of the lease; | |
21 | (iv) Amount paid to date; | |
22 | (v) Date initiated; | |
23 | (vi) Date covered by the lease. | |
24 | (b) To prepare a report by October 31, 2014 of all current property owned by the state or | |
25 | leased by any state agency or quasi-state agency to include the following information: | |
26 | (i) Total square feet for each building or leased space; | |
27 | (ii) Total square feet for each building and space utilized as office space currently; | |
28 | (iii) Location of each building or leased space; | |
29 | (iv) Ratio and listing of buildings owned by the state versus leased; | |
30 | (v) Total occupancy costs which shall include capital expenses, provided a proxy should | |
31 | be provided to compare properties that are owned versus leased by showing capital expenses on | |
32 | owned properties as a per square foot cost at industry depreciation rates; | |
33 | (vi) Expiration dates of leases; | |
34 | (vii) Number of workstations per building or leased space; | |
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1 | (viii) Total square feet divided by number of workstations; | |
2 | (ix) Total number of vacant workstations; | |
3 | (x) Percentage of vacant workstations versus total workstations available; | |
4 | (xi) Date when an action is required by the state to renew or terminate a lease; | |
5 | (xii) Strategic plan for leases commencing or expiring by June 30, 2016; | |
6 | (xiii) Map of all state buildings which provides: cost per square foot to maintain, total | |
7 | number of square feet, total operating cost, date each lease expires, number of persons per | |
8 | building and total number of vacant seats per building; and | |
9 | (xiv) Industry benchmark report which shall include total operating cost by full-time | |
10 | equivalent employee, total operating cost by square foot and total square feet divided by full-time | |
11 | equivalent employee. | |
12 | (28) To provide by December 31, 1995 the availability of automatic direct deposit to any | |
13 | recipient of a state benefit payment, provided that the agency responsible for making that | |
14 | payment generates one thousand (1,000) or more such payments each month. | |
15 | (29) To operate the Rhode Island division of sheriffs as provided in section 42-11-21. | |
16 | (30)(29) To encourage municipalities, school districts, and quasi-public agencies to | |
17 | achieve cost savings in health insurance, purchasing, or energy usage by participating in state | |
18 | contracts, or by entering into collaborative agreements with other municipalities, districts, or | |
19 | agencies. To assist in determining whether the benefit levels including employee cost sharing and | |
20 | unit costs of such benefits and costs are excessive relative to other municipalities, districts, or | |
21 | quasi-public agencies as compared with state benefit levels and costs. | |
22 | SECTION 7. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled | |
23 | "Department of Administration" is hereby amended to read as follows: | |
24 | 42-11-2.5. Information technology investment fund. -- (a) All sums from the sale of | |
25 | any land and the buildings and improvements thereon, and other real property title to which is | |
26 | vested in the state except as provided in subsection 37-7-15(b) shall be transferred to an | |
27 | Information Technology Investment Fund restricted receipt account that is hereby established. | |
28 | This fund shall consist of such sums from the sale of any land and the buildings and | |
29 | improvements thereon, and other real property title to which is vested in the state except as | |
30 | provided in subsection 37-7-15(b), as well as a share of E-911 Uniform Emergency Telephone | |
31 | System surcharge revenues collected under the provisions of § 39-21.1-14. This fund may also | |
32 | consist of such sums as the state may from time to time appropriate, as well as money received | |
33 | from the disposal of information technology equipment, loan, interest and service charge | |
34 | payments from benefiting state agencies, as well as interest earnings, money received from the | |
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1 | federal government, gifts, bequest, donations, or to otherwise from any public or private source. | |
2 | Any such funds shall be exempt from the indirect cost recovery provisions of section 35-4-27. | |
3 | (b) This fund shall be used for the purpose of acquiring information technology | |
4 | improvements, including, but not limited to, hardware, software, consulting services, and ongoing | |
5 | maintenance and upgrade contracts for state departments and agencies. | |
6 | (c) The division of information technology of the Rhode Island department of | |
7 | administration shall adopt rules and regulations consistent with the purposes of this chapter and | |
8 | chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds from | |
9 | this account. | |
10 | SECTION 8. Section 42-149-3 of the General Laws in Chapter 42-149 entitled "State | |
11 | Expenditures for Non-State Employee Services" is hereby repealed. | |
12 | 42-149-3. State expenditures for non-state employee services. -- All state departments | |
13 | shall submit quarterly reports of all non-state employee expenditures for legal services, financial | |
14 | services, temporary workers, and other non-state employee personnel costs. The reports shall be | |
15 | submitted to the state budget office and the chairpersons of the house and senate finance | |
16 | committees with the first report due on January 1, 2008. The reports shall contain the following | |
17 | information: | |
18 | (1) Efforts made to identify qualified individuals or services within state government; | |
19 | (2) Factors used in choosing a non-state employee or firm; | |
20 | (3) Results of requests for proposals for services or bids for services; and | |
21 | (4) The actual cost and the budgeted cost for the expenditure. | |
22 | SECTION 9. Sections 1 through 4, and sections 6 and 8 shall take effect upon passage. | |
23 | Sections 5 and 7 shall take effect as of July 1, 2014. | |
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