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art.002/5/002/4/002/3/002/2/002/1

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     ARTICLE 2

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RELATING TO STATE FUNDS

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     SECTION 1. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records”

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is hereby amended to read as follows:

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     23-3-25. Fees for copies and searches

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     (a) The state registrar shall charge fees for searches and copies as follows:

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     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

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a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or

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a certification that the record cannot be found, and each duplicate copy of a certificate or

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certification issued at the same time, the fee is as set forth in § 23-1-54.

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     (2) For each additional calendar year search, if applied for at the same time or within three

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(3) months of the original request and if proof of payment for the basic search is submitted, the fee

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is as set forth in § 23-1-54.

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     (3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.

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     (4) For processing of adoptions, legitimations, or paternity determinations as specified in

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§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.

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     (5) For making authorized corrections, alterations, and additions, the fee is as set forth in

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§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and

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additions on records filed before one year of the date on which the event recorded has occurred.

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     (6) For examination of documentary proof and the filing of a delayed record, there is a fee

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as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of

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a certified copy of a delayed record.

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     (b) Fees collected under this section by the state registrar shall be deposited in the general

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fund of this state, according to the procedures established by the state treasurer.

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     (c) The local registrar shall charge fees for searches and copies of records as follows:

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     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

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a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a

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certification of birth or a certification that the record cannot be found, the fee is twenty dollars

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($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is

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fifteen dollars ($15.00).

 

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     (2) For each additional calendar year search, if applied for at the same time or within three

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(3) months of the original request and if proof of payment for the basic search is submitted, the fee

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is two dollars ($2.00).

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     (d) Fees collected under this section by the local registrar shall be deposited in the city or

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town treasury according to the procedures established by the city or town treasurer except that six

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dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the

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general fund of this state.

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     (e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),

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the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified

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records request, no more than three dollars ($3.00) for each duplicate certified record, and no more

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than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record

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requested for a local registrar. Notwithstanding the provisions of subsection (d), any such

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surcharges collected by the local registrar shall be submitted to the state registrar. Any funds

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collected from the surcharges listed above shall be deposited into the information technology

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investment fund (ITIF) information technology restricted receipt account (ITRR account)

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established pursuant to § 42-11-2.5(a).

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     SECTION 2. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby

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amended by adding thereto the following section:

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     35-3-20.2. Supplemental state budget reserve account.

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     (a) There is hereby created within the general fund a supplemental state budget reserve

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account, which shall be administered by the state controller and which shall be used solely for the

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purpose of providing such sums as may be appropriated to fund any unanticipated general revenue

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deficit caused by a general revenue shortfall.

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     (b) At any time after the third quarter of a fiscal year that it is indicated that total resources

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which are defined to be the aggregate of estimated general revenue, general revenue receivables,

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and available free surplus in the general fund will be less than the estimates upon which current

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appropriations were based, the general assembly may make appropriations from the supplemental

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state budget reserve account for the difference between the estimated total resources and the

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original estimates upon which enacted appropriations were based, but only in the amount of the

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difference based upon the revenues projected at the latest state revenue estimating conference

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pursuant to chapter 16 of this title as reported by the chairperson of that conference.

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

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

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

 

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RELATING TO STATE FUNDS
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     (d) The supplemental state budget reserve account shall consist of: (1) Such sums as the

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state may from time to time directly transfer to the account as authorized in law; and (2) Any

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amounts transferred pursuant to § 35-6-1(e).

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     SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”

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is hereby amended to read as follows:

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     35-4-27. Indirect cost recoveries on restricted receipt accounts.

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     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

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restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

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shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

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from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

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federal grant funds; or (3) Through transfers from state agencies to the department of administration

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for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

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unless prohibited by federal law or regulation, court order, or court settlement. The following

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restricted receipt accounts shall not be subject to the provisions of this section:

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     Executive Office of Health and Human Services

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     Organ Transplant Fund

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     HIV Care Grant Drug Rebates

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     Health System Transformation Project

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     Rhode Island Statewide Opioid Abatement Account

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     HCBS Support-ARPA

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     HCBS Admin Support-ARPA

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     Department of Human Services

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     Veterans’ home — Restricted account

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     Veterans’ home — Resident benefits

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     Pharmaceutical Rebates Account

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     Demand Side Management Grants

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     Veteran’s Cemetery Memorial Fund

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     Donations — New Veterans’ Home Construction

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     Department of Health

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     Pandemic medications and equipment account

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     Miscellaneous Donations/Grants from Non-Profits

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     State Loan Repayment Match

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     Healthcare Information Technology

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     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

 

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RELATING TO STATE FUNDS
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     Eleanor Slater non-Medicaid third-party payor account

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     Hospital Medicare Part D Receipts

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     RICLAS Group Home Operations

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     Commission on the Deaf and Hard of Hearing

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     Emergency and public communication access account

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     Department of Environmental Management

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     National heritage revolving fund

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     Environmental response fund II

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     Underground storage tanks registration fees

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     De Coppet Estate Fund

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     Rhode Island Historical Preservation and Heritage Commission

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     Historic preservation revolving loan fund

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     Historic Preservation loan fund — Interest revenue

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     Department of Public Safety

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     E-911 Uniform Emergency Telephone System

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     Forfeited property — Retained

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     Forfeitures — Federal

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     Forfeited property — Gambling

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     Donation — Polygraph and Law Enforcement Training

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     Rhode Island State Firefighter’s League Training Account

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     Fire Academy Training Fees Account

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     Attorney General

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     Forfeiture of property

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     Federal forfeitures

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     Attorney General multi-state account

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     Forfeited property — Gambling

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     Department of Administration

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     OER Reconciliation Funding

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     Health Insurance Market Integrity Fund

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     RI Health Benefits Exchange

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     Information Technology Investment Fund restricted receipt account

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     Restore and replacement — Insurance coverage

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     Convention Center Authority rental payments

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     Investment Receipts — TANS

 

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RELATING TO STATE FUNDS
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     OPEB System Restricted Receipt Account

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     Car Rental Tax/Surcharge-Warwick Share

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     Grants Management Administration

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     RGGI-Executive Climate Change Coordinating Council Projects

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     Executive Office of Commerce

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     Housing Resources Commission Restricted Account

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     Housing Production Fund

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     Department of Revenue

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     DMV Modernization Project

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     Jobs Tax Credit Redemption Fund

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     Legislature

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     Audit of federal assisted programs

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     Department of Children, Youth and Families

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     Children’s Trust Accounts — SSI

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     Military Staff

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     RI Military Family Relief Fund

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     RI National Guard Counterdrug Program

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     Treasury

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     Admin. Expenses — State Retirement System

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     Retirement — Treasury Investment Options

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     Defined Contribution — Administration - RR

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     Violent Crimes Compensation — Refunds

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     Treasury Research Fellowship

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     Business Regulation

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     Banking Division Reimbursement Account

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     Office of the Health Insurance Commissioner Reimbursement Account

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     Securities Division Reimbursement Account

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     Commercial Licensing and Racing and Athletics Division Reimbursement Account

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     Insurance Division Reimbursement Account

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     Historic Preservation Tax Credit Account

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     Marijuana Trust Fund

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     Social Equity Assistance Fund

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     Judiciary

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     Arbitration Fund Restricted Receipt Account

 

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RELATING TO STATE FUNDS
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     Third-Party Grants

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     RI Judiciary Technology Surcharge Account

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     Department of Elementary and Secondary Education

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     Statewide Student Transportation Services Account

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     School for the Deaf Fee-for-Service Account

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     School for the Deaf — School Breakfast and Lunch Program

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     Davies Career and Technical School Local Education Aid Account

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     Davies — National School Breakfast & Lunch Program

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     School Construction Services

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     Office of the Postsecondary Commissioner

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     Higher Education and Industry Center

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     IGT STEM Scholarships

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     Department of Labor and Training

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     Job Development Fund

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     Rhode Island Council on the Arts

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     Governors’ Portrait Donation Fund

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     Statewide records management system account

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     SECTION 4. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and

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Control" is hereby amended to read as follows:

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     35-6-1. Controller — Duties in general.

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     (a) Within the department of administration there shall be a controller who shall be

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appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be

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responsible for accounting and expenditure control and shall be required to:

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     (1) Administer a comprehensive accounting and recording system that will classify the

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transactions of the state departments and agencies in accordance with the budget plan;

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     (2) Maintain control accounts for all supplies, materials, and equipment for all departments

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and agencies except as otherwise provided by law;

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     (3) Prescribe a financial, accounting, and cost accounting system for state departments and

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agencies;

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     (4) Identify federal grant-funding opportunities to support the governor’s and general

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assembly’s major policy initiatives and provide technical assistance with the application process

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and post-award grants management;

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     (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for

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the application of federal grants;

 

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RELATING TO STATE FUNDS
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     (6) Pre-audit all state receipts and expenditures;

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     (7) Prepare financial statements required by the several departments and agencies, by the

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governor, or by the general assembly;

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     (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all

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expenditures under authority of the legislative department and the judicial department by the state

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controller shall be purely ministerial, concerned only with the legality of the expenditure and

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availability of the funds, and in no event shall the state controller interpose his or her judgment

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regarding the wisdom or expediency of any item or items of expenditure;

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     (9) Prepare and timely file, on behalf of the state, any and all reports required by the United

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States, including, but not limited to, the Internal Revenue Service, or required by any department

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or agency of the state, with respect to the state payroll; and

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     (10) Prepare a preliminary closing statement for each fiscal year. The controller shall

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forward the statement to the chairpersons of the house finance committee and the senate finance

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committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

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September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

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of the appropriations act, whichever is later. The report shall include but is not limited to:

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     (i) A report of all revenues received by the state in the completed fiscal year, together with

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the estimates adopted for that year as contained in the final enacted budget, and together with all

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deviations between estimated revenues and actual collections. The report shall also include cash

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collections and accrual adjustments;

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     (ii) A comparison of actual expenditures with each of the actual appropriations, including

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supplemental appropriations and other adjustments provided for in the Rhode Island general laws;

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     (iii) A statement of the opening and closing surplus in the general revenue account; and

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     (iv) A statement of the opening surplus, activity, and closing surplus in the state budget

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reserve and cash stabilization account and the state bond capital fund.

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     (b) The controller shall provide supporting information on revenues, expenditures, capital

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projects, and debt service upon request of the house finance committee chairperson, senate finance

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committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

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     (c) Upon issuance of the audited annual financial statement, the controller shall provide a

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report of the differences between the preliminary financial report and the final report as contained

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in the audited annual financial statement.

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     (d) The controller shall create a special fund not part of the general fund and shall deposit

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amounts equivalent to all deferred contributions under this act into that fund. Any amounts

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remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

 

Art2
RELATING TO STATE FUNDS
(Page 7 of 19)

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transfer such amounts into the retirement system as appropriate.

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     (e) Upon issuance of the audited financial statement, the controller shall transfer fifty

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percent (50%) of all general revenues received in the completed fiscal year net of transfer to the

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state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those

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estimates adopted for that year as contained in the final enacted budget to the employees' retirement

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system of the State of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the

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Supplemental State Budget Reserve Account as defined in § 35-3-20.2.

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     (e)(f) The controller shall implement a direct deposit payroll system for state employees.

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     (1) There shall be no service charge of any type paid by the state employee at any time

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which shall decrease the net amount of the employee’s salary deposited to the financial institution

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of the personal choice of the employee as a result of the use of direct deposit.

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     (2) Employees hired after September 30, 2014, shall participate in the direct deposit

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system. At the time the employee is hired, the employee shall identify a financial institution that

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will serve as a personal depository agent for the employee.

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     (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is

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not a participant in the direct deposit system, shall identify a financial institution that will serve as

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a personal depository agent for the employee.

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     (4) The controller shall promulgate rules and regulations as necessary for implementation

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and administration of the direct deposit system, which shall include limited exceptions to required

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participation.

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     SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State

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Purchases Act” is hereby amended to read as follows:

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     37-2-12. Centralization of the procurement authority.

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     (a) All rights, powers, duties, and authority relating to the procurement of supplies,

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services, and construction, and the management, control, warehousing, sale, and disposal of

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supplies, services, and construction now vested in or exercised by any state agency under the

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several statutes relating thereto are hereby transferred to the chief purchasing officer as provided

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in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the

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centralized purchasing of the state but the public agency, through its existing internal purchasing

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function, shall adhere to the general principles, policies and practices set forth in this chapter.

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     (b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and

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collect from state contractors, listed on master-price agreements, a statewide contract

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administrative fee not to exceed one percent (1%) of the total value of the annual spend against a

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contract awarded to a state contractor. All statewide contract administrative fees collected pursuant

 

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to this subsection shall be deposited into a restricted-receipt account within the general fund

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designated as the “division of purchases administrative-fee account” and shall be used for the

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purposes of implementing technology for the submission and processing of bids, online vendor

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registration, bid notification, and other costs related to state procurement. On or before January 15,

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2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall

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file a report with the governor, the speaker of the house, and the president of the senate detailing:

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     (i) The total amount of funds collected and deposited into the division of purchases

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administrative-fee account for the most recently completed fiscal year;

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     (ii) The account balance as of the date of the report;

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     (iii) An itemization of all expenditures and other uses of said funds from said account for

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the most recently completed fiscal year; and

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     (iv) An annual evaluation as to the appropriateness of the amount of the contract

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administrative fee on master-price agreements.

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

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controller is authorized to offset any currently recorded outstanding liability on the part of

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developmental disability organizations (DDOs) to repay previously authorized startup capital

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advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

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proceeds being deposited into the information technology investment fund restricted receipt

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account established pursuant to § 42-11-2.5(a).

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     SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management

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and Disposal of Property” is hereby amended to read as follows:

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     37-7-15. Sale of state-owned land, buildings and improvements thereon and other real

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property.

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     (a) Total annual proceeds from the sale of any land and the buildings and improvements

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thereon, and other real property, title to which is vested in the state of Rhode Island or title to which

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will be vested in the state upon completion of any condemnation or other proceedings, shall be

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transferred to the information technology restricted receipt account (ITRR account) and made

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available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law.

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     (b) Provided, however, this shall not include proceeds from the sale of any land and the

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buildings and improvements thereon that will be created by the relocation of interstate route 195,

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which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified

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in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis”

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prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain

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tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode

 

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(Page 9 of 19)

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Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195,

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Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1”

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

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controller is authorized to offset any currently recorded outstanding liability on the part of

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developmental disability organizations (DDOs) to repay previously authorized startup capital

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advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

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proceeds being deposited into the information technology investment fund.

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     SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled

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"Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:

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     39-18.1-4. Rhode Island highway maintenance account created.

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     (a) There is hereby created a special account in the intermodal surface transportation fund

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as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.

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     (b) The fund shall consist of all those moneys that the state may, from time to time, direct

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to the fund, including, but not necessarily limited to, moneys derived from the following sources:

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     (1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than

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those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid

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by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each

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subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)

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each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,

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2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)

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from July 1, 2015, through June 30, 2016, and each year thereafter.

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     (i) For owners of vehicles or trucks with the following plate types, the surcharge shall be

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as set forth below and shall be paid in full in order to register the vehicle or truck and upon each

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subsequent renewal:

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     Plate Type Surcharge

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     Antique $5.00

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     Farm $10.00

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     Motorcycle $13.00

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     (ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration

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amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;

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     (2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than

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those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks

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subject to annual registration, to be paid annually by each vehicle or truck owner in order to register

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that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be

 

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RELATING TO STATE FUNDS
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phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)

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from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,

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2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year

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thereafter.

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     (i) For registrations of the following plate types, the surcharge shall be as set forth below

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and shall be paid in full in order to register the plate, and upon each subsequent renewal:

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     Plate Type Surcharge

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     Boat Dealer $6.25

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     Cycle Dealer $6.25

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     In-transit $5.00

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     Manufacturer $5.00

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     New Car Dealer $5.00

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     Used Car Dealer $5.00

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     Racer Tow $5.00

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     Transporter $5.00

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     Bailee $5.00

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     (ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration

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amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

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     (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars

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and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five

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cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)

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from July 1, 2014, through June 30, 2015, and each year thereafter;

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     (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor

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vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge

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will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars

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($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,

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through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and

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each year thereafter. In the event that a license is issued or renewed for a period of less than five

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(5) years, the surcharge will be prorated according to the period of time the license will be valid;

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     (4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,

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except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode

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Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees

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be transferred as follows:

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     (i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;

 

Art2
RELATING TO STATE FUNDS
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     (ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;

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     (iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and

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     (iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be

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deposited;

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     (5) All remaining funds from previous general obligation bond issues that have not

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otherwise been allocated.

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

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section shall be deposited in the Rhode Island highway maintenance account and shall be used only

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for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues

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to partially offset cost of collections

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     (d) Unexpended balances and any earnings thereon shall not revert to the general fund but

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shall remain in the Rhode Island highway maintenance account. There shall be no requirement that

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monies received into the Rhode Island highway maintenance account during any given calendar

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year or fiscal year be expended during the same calendar year or fiscal year.

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     (e) The Rhode Island highway maintenance account shall be administered by the director,

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who shall allocate and spend monies from the fund only in accordance with the purposes and

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procedures set forth in this chapter.

18

     SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911

19

Emergency Telephone Number Act” is hereby amended to read as follows:

20

     39-21.1-14. E-911 surcharge and first response surcharge.

21

     (a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence

22

and business telephone line or trunk, or path and data, telephony, internet, voice over internet

23

protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex

24

equivalent trunks and each line or trunk serving, and upon each user interface number or extension

25

number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not

26

exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private

27

branch exchange, or connecting to or from a customer-based or dedicated telephone switch site

28

(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a

29

customer-based or dedicated central office (such as, but not exclusive of, a centrex system but

30

exclusive of trunks and lines provided to wireless communication companies) that can access to,

31

connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI

32

E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall

33

also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by

34

each telecommunication services provider at the inception of services and shall be payable to the

 

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1

telecommunication services provider by the subscriber of the services.

2

     (2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless

3

instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet

4

protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any

5

other wireless instrument, device, or means that has access to, connects with, or activates or

6

interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each

7

instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly

8

first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each

9

telecommunication services provider and shall be payable to the telecommunication services

10

provider by the subscriber. Prepaid wireless telecommunications services shall not be included in

11

this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone

12

system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the

13

general body of ratepayers this surcharge.

14

     (b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18

15

of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of

16

computing the tax under chapter 13 of title 44.

17

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

18

establish a special account to which it shall deposit on a monthly basis the amounts collected as

19

surcharges under this section.

20

     (d) The money collected by each telecommunication services provider shall be transferred

21

within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice

22

over internet protocol (VoIP), satellite, computer, internet, or communications services in this state

23

and every month thereafter, to the division of taxation, together with the accrued interest. The E-

24

911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of

25

the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in

26

the general fund; provided, however, that ten percent (10%) of the money collected from the first

27

response surcharge shall be deposited in the information technology investment fund restricted

28

receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred

29

in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from

30

the date the money should have been transferred.

31

     (e) Every billed subscriber-user shall be liable for any surcharge imposed under this section

32

until it has been paid to the telephone common carrier or telecommunication services provider. Any

33

surcharge shall be added to and shall be stated separately in the billing by the telephone common

34

carrier or telecommunication services provider and shall be collected by the telephone common

 

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1

carrier or telecommunication services provider.

2

     (f) Each telephone common carrier and telecommunication services provider shall annually

3

provide the E-911 uniform emergency telephone system division, or any other agency that may

4

replace it, with a list of amounts uncollected, together with the names and addresses of its

5

subscriber-users who can be determined by the telephone common carrier or telecommunication

6

services provider to have not paid the E-911 surcharge.

7

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

8

the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,

9

maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform

10

emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,

11

upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,

12

including necessary computer hardware, software, and database provisioning, addressing, and non-

13

recurring costs of establishing emergency services; network development, operation, and

14

maintenance; database development, operation, and maintenance; on-premise equipment

15

maintenance and operation; training emergency service personnel regarding use of E-911;

16

educating consumers regarding the operations, limitations, role, and responsible use of E-911;

17

reimbursement to telephone common carriers or telecommunication services providers of rates or

18

recurring costs associated with any services, operation, administration, or maintenance of E-911

19

services as approved by the division; reimbursement to telecommunication services providers or

20

telephone common carriers of other costs associated with providing E-911 services, including the

21

cost of the design, development, and implementation of equipment or software necessary to provide

22

E-911 service information to PSAPs, as approved by the division.

23

     (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

24

     (i) Nothing in this section shall be construed to constitute rate regulation of wireless

25

communication services carriers, nor shall this section be construed to prohibit wireless

26

communication services carriers from charging subscribers for any wireless service or feature.

27

     (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]

28

     SECTION 9. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department

29

of Attorney General" is hereby amended to read as follows:

30

     42-9-19. Acceptance of settlements — Attorney General settlement restricted account

31

Acceptance of settlements -- Multi-state initiatives -- Attorney general settlement restricted

32

account.

33

     (a) The attorney general is hereby authorized and empowered to accept in the name of the

34

state any settlement resulting from a multi-state initiative. The attorney general is additionally

 

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1

authorized and empowered to recover attorney’s fees and costs that shall be considered settlement

2

proceeds for purposes of this chapter.

3

     (b) The settlement proceeds shall be transferred to the general treasurer for deposit in the

4

general fund. The general treasurer shall transfer proceeds, up to seven hundred and fifty thousand

5

dollars ($750,000) in any fiscal year, to the “attorney general multi-state initiative restricted-receipt

6

account.” Any balance in excess of seven hundred and fifty thousand dollars ($750,000) remaining

7

in the account at the end of the fiscal year shall be transferred back to the state general fund. The

8

restricted-receipt account shall be used to pay for staff, operational, and litigation costs associated

9

with multi-state initiatives.

10

     (c) Expenditure of all settlement proceeds accepted by the attorney general as part of the

11

terms of the relevant master settlement agreement shall be subject to the annual appropriation

12

process and approval by the general assembly.

13

     SECTION 10. Chapter 42-9 of the General Laws entitled "Department of Attorney

14

General" is hereby amended by adding thereto the following section:

15

     42-9-19.1. Acceptance of settlements -- Non-Multi-state initiatives -- Attorney general

16

settlement restricted account.

17

     (a) There is hereby established a restricted receipt account within the Department of

18

Attorney General entitled "attorney general non-multi-state initiative restricted-receipt account."

19

Funds consisting of attorneys' fees previously recovered pursuant to the Distributors -- Rhode

20

Island Settlement Agreement resolving opioid-related claims against McKesson Corporation,

21

Cardinal Health, Inc., and/or AmerisourceBergen Corporation in the case State of Rhode Island v.

22

Purdue Pharma L.P. et al., CA No. PC-2018-4455, shall be deposited into this restricted receipt

23

account.

24

     (b) The following funds shall also be deposited into this restricted receipt account:

25

     (1) All future attorneys' fees recovered from the case referenced in subsection (a) of this

26

section; and

27

     (2) Twenty percent (20%) of attorneys' fees recovered in other non-multi-state initiatives.

28

     (c) This restricted receipt account shall be used to pay for staff and other operational

29

expenses of the Department.

30

     (d) Expenditures from this restricted receipt account shall be subject to the annual

31

appropriation process and approval by the general assembly.

32

     (e) All settlement proceeds from non-multi-state initiatives, except those deposited in this

33

restricted receipt account pursuant to this section, shall be deposited into the general fund.

34

     SECTION 11. Sections 42-11-2.5, 42-11-2.6 and 42-11-2.8 of the General Laws in Chapter

 

Art2
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1

42-11 entitled “Department of Administration” are hereby amended to read as follows:

2

     42-11-2.5. Information technology investment fund Information technology restricted

3

receipt account and large systems initiatives fund.

4

     (a) All sums from the sale of any land and the buildings and improvements thereon, and

5

other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-

6

7-15(c), shall be transferred to an information technology investment fund restricted-receipt

7

account (ITRR account) that is hereby established. This fund ITRR account shall consist of such

8

sums from the sale of any land and the buildings and improvements thereon, and other real property,

9

title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as

10

a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This

11

fund ITRR account may also consist of such sums as the state may from time to time appropriate;

12

as well as money received from the disposal of information technology equipmenthardware, loan,

13

interest, and service charge payments from benefiting state agencies; as well as interest earnings,

14

money received from the federal government, gifts, bequest, donations, or otherwise from any

15

public or private source. Any such funds shall be exempt from the indirect cost recovery provisions

16

of § 35-4-27.

17

     (b)(1) This fund ITRR account shall be used for the purpose of acquiring information

18

technology improvements, including, but not limited to: hardware, software, consulting services,

19

and ongoing maintenance and upgrade contracts for state departments and agencies.

20

     (c)(2) The division of enterprise technology strategy and service of the Rhode Island

21

department of administration shall adopt rules and regulations consistent with the purposes of this

22

chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement

23

of funds from this ITRR account.

24

     (d)(3) For all requests for proposals that are issued for information technology projects, a

25

corresponding information technology project manager shall be assigned.

26

     (b) There is also hereby established a special fund to be known as the large systems

27

initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered

28

by the chief information officer within the department of administration for the purpose of

29

implementing and maintaining enterprise-wide software projects for executive branch departments.

30

The LSI fund shall consist of such sums as the state may from time to time directly appropriate to

31

the LSI fund. After the completion of any project, the chief digital officer shall inform the state

32

controller of unexpended sums previously transferred to the LSI Fund for that project and the state

33

controller shall subsequently transfer any such unexpended funds to the information technology

34

restricted receipt account.

 

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     (c) For any new project initiated using sums expended from the LSI Fund, as part of its

2

budget submission pursuant to § 35-3-4 relative to state fiscal year 2025 and thereafter, the

3

department of administration shall include a statement of project purpose and the estimated project

4

cost.

5

     42-11-2.6. Office of Digital Excellence established.

6

     (a) Within the department, division of enterprise technology strategy and services, there

7

shall be established the Office of Digital Excellence. The purposes of the office shall be to move

8

Rhode Island state government into the 21st century through the incorporation of innovation and

9

modern digital capabilities throughout state government and to leverage technology to expand and

10

improve the quality of services provided to Rhode Island citizens; to promote greater access to

11

government and the internet throughout cities and towns; and to position Rhode Island as a national

12

leader in e-government.

13

     (b) Within the office, there shall be a chief digital officer who shall be appointed by the

14

director of administration with the approval of the governor and who shall be in the unclassified

15

service. The chief digital officer shall report to the director of administration and be required to:

16

     (1) Manage the implementation of all new and mission-critical technology infrastructure

17

projects and upgrades for state agencies. The division of enterprise technology strategy and

18

services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day

19

operations of the state’s technology infrastructure, telecommunications, and associated

20

applications;

21

     (2) Increase the number of government services that can be provided online in order to

22

allow residents and businesses to complete transactions in a more efficient and transparent manner;

23

     (3) Improve the state’s websites to provide timely information to online users and as many

24

government services as possible online; and

25

     (4) Establish, improve, and enhance the state’s use of social media and mobile

26

technological applications.

27

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

28

and services in order to plan, allocate, and implement projects supported by the information

29

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

30

11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b).

31

     (d) All intellectual property created as a result of work undertaken by employees of the

32

office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the

33

name of the state.

34

     (e) The director of administration may promulgate rules and regulations recommended by

 

Art2
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1

the chief digital officer in order to effectuate the purposes and requirements of this act.

2

     (f) The chief digital officer shall report no later than January 31, 2013, and every January

3

31 thereafter, to the governor, the speaker of the house of representatives, and the senate president

4

regarding the implementation status of all technology infrastructure projects; website

5

improvements; number of e-government transactions and revenues generated; projects supported

6

by the information technology investment fund; and all other activities undertaken by the office.

7

The report shall also include planned use for projects related to public safety communications and

8

emergency services, recommendations on the development of and opportunities for shared

9

implementation and delivery of these services among municipalities, and strategies for such shared

10

services. The annual report shall be posted on the office’s website.

11

     42-11-2.8. Division of enterprise technology strategy and services established.

12

     (a) Established. Within the department there shall be established the division of enterprise

13

technology strategy and service (ETSS), which shall include the office of information technology,

14

the office of digital excellence (ODE), and the office of library and information services (OLIS).

15

Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and

16

manage the division and shall be appointed by the director of administration. Any prior reference

17

in statute to the division of information technology shall now mean ETSS. The chief digital officer

18

shall supervise the state’s chief information officer, chief technology officer, chief information

19

security officer, the directors of information technology, and all associated employees. The chief

20

digital officer may promulgate rules and regulations in order to effectuate the purposes and

21

requirements of this act.

22

     (b) Purposes; duties. The purposes of ETSS shall be to align existing and future technology

23

platforms, along with technical expertise, across the agencies of the executive branch. ETSS shall

24

be responsible for managing and consolidating the strategy and budgets of the division, including

25

the office of information technology, the office of library and information services and the office

26

of digital excellence, and the information technology investment fund. The focus of ETSS will be

27

to lead the strategic technology decisions and efforts across all of the executive branch state

28

agencies; identify opportunities to implement technology solutions across state agencies to prevent

29

duplication of systems and effort; as well as effectively support these solutions in an efficient

30

manner. ETSS shall have the following duties:

31

     (1) Manage the implementation of all new and mission-critical technology infrastructure

32

projects and upgrades for state agencies. The office of information technology, under ETSS, shall

33

manage and support all day-to-day operations of the state’s technology infrastructure,

34

telecommunications, and associated applications;

 

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1

     (2) Manage the office of digital excellence in order to ensure that large-scale technology

2

projects are delivered in a timely manner in accordance with accepted best-industry practices;

3

     (3) To oversee the chief of library services and the office of library and information services

4

to ensure that this office fulfills its statutory duties in an effective manner;

5

     (4) Coordinate efforts with the director of administration in order to plan, allocate, and

6

implement projects supported by the information technology investment fund restricted receipt

7

account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives

8

fund (LSI fund) established pursuant to § 42-11-2.5(b);

9

     (5) Supervise all intellectual property created as a result of work undertaken by employees

10

of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents

11

applied for shall be in the name of the state.

12

     (c) Reporting. The chief digital officer shall annually report no later than January 31 to the

13

governor, the speaker of the house of representatives, and the senate president regarding the

14

implementation status of all technology infrastructure projects; website improvements; number of

15

e-government transactions and revenues generated; projects supported by the information

16

technology investment fund; and all other activities undertaken by the division. The annual report

17

shall be posted on the ETSS website.

18

     SECTION 12. This article shall take effect upon passage.

 

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