2020 -- H 8138

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LC005617

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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 -- MOUNTED VIDEO/AUDIO

SURVEILLANCE CAMERAS

     Introduced By: Representative Anastasia P. Williams

     Date Introduced: October 26, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-28.9-1, 42-28.9-2 and 42-28.9-3 of the General Laws in Chapter

42-28.9 entitled "Mounted Video/Audio Surveillance Cameras" are hereby amended to read as

follows:

     42-28.9-1. Declaration of policy.

     (a) The general assembly recognizes alcohol related traffic fatalities require special

legislative initiatives. Over one million (1,000,000) people are either killed or injured every year

due to alcohol related crashes. About three (3) out of five (5) Americans will be affected by an

alcohol related crash at some time in their lives. Economic costs of alcohol related crashes are

estimated to be forty-five billion dollars ($45,000,000,000) yearly. Based on these statistics and

projections, it will be the state legislature's policy to provide more resources to state law

enforcement to reduce alcohol related vehicular crashes and fatalities.

     (b) The general assembly further recognizes that video cameras monitored by law

enforcement personnel can effectively be utilized to prevent, respond to, and solve crimes.

     42-28.9-2. Purpose and intent.

     The purpose of this chapter is to provide greater access to local and state law enforcement

to video surveillance cameras to reduce alcohol related traffic fatalities, and other crimes.

     42-28.9-3. State to provide video/audio surveillance devices.

     (a) The state shall provide ten (10) mounted video/audio surveillance cameras annually to

the Rhode Island state police for each of the next five (5) years and those devices shall be utilized

by the state police consistent with the intent of this chapter. Should other funding become available,

the state will purchase the cameras with these other funds in lieu of general revenues.

     (b) Commencing July 1, 2021, the state shall provide a minimum of fifty (50) mounted

video/audio surveillance cameras annually for each of the next ten (10) years, for use by the state

police and for the assistance of law enforcement by municipal police in crime prevention and to

improve response to criminal activity. Should funding be available pursuant to the provisions of §

39-21.1-14, the state will purchase the cameras with these funds in lieu of general revenues.

     SECTION 2. Chapter 42-28.9 of the General Laws entitled "Mounted Video/Audio

Surveillance Cameras" is hereby amended by adding thereto the following sections:

     42-28.9-4. Administration by superintendent of state police.

     (a) The superintendent of the Rhode Island state police shall be charged with the

responsibility of:

     (1) Overseeing the implementation and supervision of the provisions of this chapter;

     (2) Preparing rules and regulations for the administration of surveillance pursuant to the

provisions of this chapter;

     (3) Establishing and maintaining a central command surveillance center for the operations

necessary to carry out the provisions of this chapter;

     (4) Assigning appropriate personnel to conduct necessary surveillance to carry out the

provisions of this chapter; and

     (5) Determining in consultation with municipal law enforcement personnel the location of

mounted video/audio surveillance cameras located in municipalities.

     (b) The superintendent of the state police in his or her discretion shall either allow local

municipal law enforcement access to the live feed of video/audio surveillance cameras located

within the municipalities or shall arrange for real time notification by central command surveillance

center personnel to municipal police of observed suspected criminal activity being committed in

the monitored municipality.

     42-28.9-5. Cooperation with central command surveillance center.

     Upon request of the superintendent, every state agency and department, and every

municipality shall allow access by the central command surveillance center of the live feed for any

video/audio surveillance camera utilized by the state agency or department, or by any municipality.

     42-28.9-6. Permissible coordination with E-911.

     The superintendent may establish the central command surveillance center pursuant to the

provisions of § 42-28.9-4, in conjunction with the state's E-911 center.

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     42-28.9-7. Funding.

     Funding to implement the provisions of this chapter shall be pursuant to the provisions of

§ 39-21.1-14.

     SECTION 3. 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 E-911/public safety

surcharge and first response surcharge.

     (a)(1) A monthly E-911 E-911/public safety 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 E-911/public safety 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) above 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.

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     (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 E-911/public safety surcharge shall be deposited in a restricted receipt account and used solely

for the operation of the E-911 E-911/public safety uniform emergency telephone system and the

central command surveillance center established pursuant to the provisions of § 42-28.9-4. Fifty

percent (50%) of the funds in the restricted receipt account shall be used solely for the operation of

the E-911 uniform emergency telephone system and fifty percent (50%) of the funds in the

restricted receipt account shall be used solely for the operation of the central command surveillance

center and to implement and conduct operations in accordance with the provisions of chapter 28.9

of title 42. The first response surcharge shall be deposited in the general fund; provided, however,

that, ten percent (10%) of money collected from the first response surcharge shall be deposited in

the information technology investment fund established pursuant to § 42-11-2.5. Any money not

transferred in accordance with this paragraph 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 and the superintendent of the state police, 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 E-911/public safety

surcharge.

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

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the E-911 E-911/public safety 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 and/or the central command surveillance center;

salaries, benefits, and other associated personnel costs; acquisition, upgrade, or modification of

PSAP equipment to be capable of receiving E-911 information or video/audio surveillance feeds,

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 or

video/audio surveillance devices; 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 PSAP's, 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 4. This act shall take effect on July 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- MOUNTED VIDEO/AUDIO

SURVEILLANCE CAMERAS

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     This act would establish a central command video/audio surveillance center administered

by the state police. Funding would be provided by use of fifty percent (50%) of the E-911 funds.

     This act would take effect on July 1, 2021.

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