2020 -- S 2080

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LC003771

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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

     

     Introduced By: Senators Ruggerio, McCaffrey, Goodwin, Lynch Prata, and Metts

     Date Introduced: January 21, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 28.10

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     STATEWIDE PUBLIC SAFETY COMPUTER AIDED DISPATCH RECORDS

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MANAGEMENT SYSTEM

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     42-28.10-1. Statewide records management system.

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     (a) The division of state police is hereby authorized and empowered to provide for the

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installation, operation, and maintenance of a statewide records management system (RMS). The

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statewide records management system shall provide for the storage, exchange, retrieval, retention,

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manipulation, archiving, and viewing of information, records, documents, or files pertaining to

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law enforcement operations. Such records may include, but not be limited to, incident and

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accident reports, arrests, citations, warrants, case management, field contacts, and other

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operations-oriented records.

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     (b) The RMS is to be installed by the superintendent of the state police in his capacity as

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the director of department of public safety and shall be maintained and controlled by the records

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management system board of directors established pursuant to § 42-28.10-2.

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     (c) State and local sworn law enforcement agencies are authorized to interface, at their

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own expense, with the RMS for the exchange of information provided by the system.

 

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     42-28.10-2. Record management system board of directors - Established.

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     (a) There is hereby established a board of directors for the Rhode Island records

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management system, sometimes referred to as the "board", which shall be empowered to maintain

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the records system and shall have oversight over the collection and maintenance of user fees

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collected from state agencies and/or cities and towns for the administration of the records system.

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     (b) The board in consultation with the superintendent of the state police shall make rules

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and regulations necessary to implement the provisions of this chapter.

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     42-28.10-3. Records management system board of directors - Appointment.

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     (a) The records management system board of directors shall consist of nine (9) members

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as follows: One member who shall be a representative of the Rhode Island Association of Fire

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Chiefs or designee; one member who shall be the Rhode Island attorney general or designee; one

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member who shall be the chief of the Providence police department or designee; one member of a

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law enforcement agency from a city or town with fewer than twenty-five thousand (25,000)

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residents to be appointed by the Rhode Island Police Chiefs Association; one member of a law

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enforcement agency from a city or town with twenty-five thousand (25,000) residents or more, to

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be appointed by the Rhode Island Police Chiefs Association; one member who shall be the

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President of the Rhode Island Police Chiefs Association or designee; one member who shall be

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the director of the Rhode Island department of transportation's office on highway safety or

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designee; one member who shall be the superintendent of the state police or designee; and one

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member from a sworn law enforcement agency within the department of public safety other than

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the state police appointed by the director of the department of public safety.

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     (b) A majority of the board shall elect the chair of the board on an annual basis from

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among the nine (9) board members pursuant to rules and regulations adopted by the board.

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     42-28.10-4. Advisory board.

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     There is hereby established a records management advisory board consisting of at least

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thirteen (13) members who shall be representatives of Rhode Island agencies having an interest in

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law enforcement records management and who shall be appointed by the records management

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system board of directors. The advisory board's purpose shall be to assist the board of directors in

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the administration of this chapter.

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     42-28.10-5. Privacy policy and protections.

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     (a) The RMS shall be responsible for safeguarding all collected information and shall

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comply with all state and federal privacy laws in order to protect privacy rights, civil rights, and

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civil liberties in the collection, use, analysis, retention, destruction, sharing, and disclosure of

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information. Information gathered and retained by the RMS may only be disseminated for the

 

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specific purpose of administering the provisions of this chapter and shall only be accessed by

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sworn law enforcement personnel authorized by law to have such access and only for those uses

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or purposes specified by law.

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     (b) The RMS shall not retain personal information for a period longer then is reasonably

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required to carry out the purposes of this chapter.

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     (c) The records management systems board of directors is hereby directed to develop and

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maintain a privacy policy which shall ensure safeguards are in place to protect personal

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information from unlawful access, sharing and/or second party dissemination.

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     (d) Any request made pursuant to the Access to Public Records Act of § 38-2-1 et seq.

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must be made to the agency that created the record.

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     42-28.10-6. Collection of fees.

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     Any participating law enforcement agency shall be required to pay a user fee to be

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determined by the board. Fees paid pursuant to this section shall be maintained in a restricted

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receipt account pursuant to this chapter for the exclusive purpose of implementing the provisions

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of this chapter.

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     42-28.10-7. Restricted receipt account.

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     There is hereby created a restricted receipt account within the general fund of the state to

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be known as the statewide records management system account. Fees collected pursuant to § 42-

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28.10-6 shall be deposited into this account and be used for costs associated with the system. The

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restricted receipt account shall be included in the budget of the division of the state police. All

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expenditures from the account shall be subject to appropriation by the general assembly. Any

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other available grants or funds from a public or private source may be deposited in the account

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and used for associated costs.

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     42-28.10-8. Annual reporting.

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     The chairperson of the records management system board of directors shall annually

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provide a report to the speaker of the house and the president of the senate. The report shall

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include and document the systems annual activity including, but not limited to, the data reported

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and the number of reports entered into the system.

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     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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     This act would establish a statewide public safety computer aided dispatch records

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management system.

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     This act would take effect upon passage.

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