2020 -- H 7101 | |
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LC003423 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY | |
COMPUTER AIDED DISPATCH RECORDS MANAGEMENT SYSTEM | |
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Introduced By: Representatives Mattiello, Marszalkowski, Barros, Johnston, and Alzate | |
Date Introduced: January 15, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 28.10 |
4 | STATEWIDE PUBLIC SAFETY COMPUTER AIDED DISPATCH RECORDS |
5 | MANAGEMENT SYSTEM |
6 | 42-28.10-1. Statewide records management system. |
7 | (a) The division of state police is hereby authorized and empowered to provide for the |
8 | installation, operation, and maintenance of a statewide records management system (RMS). The |
9 | statewide records management system shall provide for the storage, exchange, retrieval, retention, |
10 | manipulation, archiving, and viewing of information, records, documents, or files pertaining to |
11 | law enforcement operations. Such records may include, but not be limited to, incident and |
12 | accident reports, arrests, citations, warrants, case management, field contacts, and other |
13 | operations-oriented records. |
14 | (b) The RMS is to be installed by the superintendent of the state police in his capacity as |
15 | the director of department of public safety and shall be maintained and controlled by the records |
16 | management system board of directors established pursuant to § 42-28.10-2. |
17 | (c) State and local sworn law enforcement agencies are authorized to interface, at their |
18 | own expense, with the RMS for the exchange of information provided by the system. |
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1 | 42-28.10-2. Record management system board of directors - Established. |
2 | (a) There is hereby established a board of directors for the Rhode Island records |
3 | management system, sometimes referred to as the "board", which shall be empowered to maintain |
4 | the records system and shall have oversight over the collection and maintenance of user fees |
5 | collected from state agencies and/or cities and towns for the administration of the records system. |
6 | (b) The board in consultation with the superintendent of the state police shall make rules |
7 | and regulations necessary to implement the provisions of this chapter. |
8 | 42-28.10-3. Records management system board of directors - Appointment. |
9 | (a) The records management system board of directors shall consist of nine (9) members |
10 | as follows: One member who shall be a representative of the Rhode Island Association of Fire |
11 | Chiefs or designee; one member who shall be the Rhode Island attorney general or designee; one |
12 | member who shall be the chief of the Providence police department or designee; one member of a |
13 | law enforcement agency from a city or town with fewer than twenty-five thousand (25,000) |
14 | residents to be appointed by the Rhode Island Police Chiefs Association; one member of a law |
15 | enforcement agency from a city or town with twenty-five thousand (25,000) residents or more, to |
16 | be appointed by the Rhode Island Police Chiefs Association; one member who shall be the |
17 | President of the Rhode Island Police Chiefs Association or designee; one member who shall be |
18 | the director of the Rhode Island department of transportation's office on highway safety or |
19 | designee; one member who shall be the superintendent of the state police or designee; and one |
20 | member from a sworn law enforcement agency within the department of public safety other than |
21 | the state police appointed by the director of the department of public safety. |
22 | (b) A majority of the board shall elect the chair of the board on an annual basis from |
23 | among the nine (9) board members pursuant to rules and regulations adopted by the board. |
24 | 42-28.10-4. Advisory board. |
25 | There is hereby established a records management advisory board consisting of at least |
26 | thirteen (13) members who shall be representatives of Rhode Island agencies having an interest in |
27 | law enforcement records management and who shall be appointed by the records management |
28 | system board of directors. The advisory board's purpose shall be to assist the board of directors in |
29 | the administration of this chapter. |
30 | 42-28.10-5. Privacy policy and protections. |
31 | (a) The RMS shall be responsible for safeguarding all collected information and shall |
32 | comply with all state and federal privacy laws in order to protect privacy rights, civil rights, and |
33 | civil liberties in the collection, use, analysis, retention, destruction, sharing, and disclosure of |
34 | information. Information gathered and retained by the RMS may only be disseminated for the |
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1 | specific purpose of administering the provisions of this chapter and shall only be accessed by |
2 | sworn law enforcement personnel authorized by law to have such access and only for those uses |
3 | or purposes specified by law. |
4 | (b) The RMS shall not retain personal information for a period longer then is reasonably |
5 | required to carry out the purposes of this chapter. |
6 | (c) The records management systems board of directors is hereby directed to develop and |
7 | maintain a privacy policy which shall ensure safeguards are in place to protect personal |
8 | information from unlawful access, sharing and/or second party dissemination. |
9 | (d) Any request made pursuant to the Access to Public Records Act of § 38-2-1 et seq. |
10 | must be made to the agency that created the record. |
11 | 42-28.10-6. Collection of fees. |
12 | Any participating law enforcement agency shall be required to pay a user fee to be |
13 | determined by the board. Fees paid pursuant to this section shall be maintained in a restricted |
14 | receipt account pursuant to this chapter for the exclusive purpose of implementing the provisions |
15 | of this chapter. |
16 | 42-28.10-7. Restricted receipt account. |
17 | There is hereby created a restricted receipt account within the general fund of the state to |
18 | be known as the statewide records management system account. Fees collected pursuant to § 42- |
19 | 28.10-6 shall be deposited into this account and be used for costs associated with the system. The |
20 | restricted receipt account shall be included in the budget of the division of the state police. All |
21 | expenditures from the account shall be subject to appropriation by the general assembly. Any |
22 | other available grants or funds from a public or private source may be deposited in the account |
23 | and used for associated costs. |
24 | 42-28.10-8. Annual reporting. |
25 | The chairperson of the records management system board of directors shall annually |
26 | provide a report to the speaker of the house and the president of the senate. The report shall |
27 | include and document the systems annual activity including, but not limited to, the data reported |
28 | and the number of reports entered into the system. |
29 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY | |
COMPUTER AIDED DISPATCH RECORDS MANAGEMENT SYSTEM | |
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1 | This act would establish a statewide public safety computer aided dispatch records |
2 | management system. |
3 | This act would take effect upon passage. |
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