law21305

Chapter 305

2021 -- S 0059 SUBSTITUTE A
Enacted 07/09/2021

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY COMPUTER AIDED RECORDS MANAGEMENT SYSTEM

Introduced By: Senators Ruggerio, Coyne, Seveney, DiPalma, and Burke

Date Introduced: January 19, 2021

It is enacted by the General Assembly as follows:

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

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

CHAPTER 28.10

STATEWIDE PUBLIC SAFETY COMPUTER AIDED RECORDS MANAGEMENT SYSTEM

42-28.10-1. Statewide records management system.

(a) The director of the department of public safety in his/her the director’s capacity as

superintendent of the division of state police is hereby authorized and empowered to provide for

the installation, operation, and maintenance of a statewide dispatch and records management

system (RMS). The statewide records management system shall provide for the storage, exchange,

retrieval, retention, manipulation, archiving, and viewing of information, records, documents, or

files pertaining to law enforcement operations. Such The records may include, but not be limited

to,: incident and accident reports, arrests, citations, warrants, case management, field contacts,

final dispositions, and other operations-oriented records.

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

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

necessary to implement the provisions of this chapter. All rules, regulations, and policies authorized

under this chapter shall be promulgated in accordance with chapter 35 of this title 42, the

administrative procedures act, and shall be in effect prior to an implementation of the RMS.

42-28.10-2. Record Records management system board of advisors - Established.

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

management system. The board's purpose shall be to advise the department of public safety on the

implementation of this chapter.

(b) The board shall include the following: One member who shall be a representative of

the Rhode Island Association of Fire Chiefs, or designee; one member who shall be the Rhode

Island attorney general, or designee; one member who shall be the chief of the Providence police

department, or designee; one member of a law enforcement agency from a city or town with fewer

than twenty-five thousand (25,000) residents to be appointed by the Rhode Island Police Chiefs

Association; one member of a law enforcement agency from a city or town with twenty-five

thousand (25,000) residents or more, to be appointed by the Rhode Island Police Chiefs

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

or designee; one member who shall be the director of the Rhode Island department of

transportation's office on highway safety, or designee; one member who shall be the superintendent

of the state police, or designee; and one member from a sworn law enforcement agency within the

department of public safety. The director of public safety shall also appoint members to the board

from state agencies with an interest in law enforcement records management.

42-28.10-3. Privacy policy and protections.

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

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

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

information. Information gathered and retained by the RMS may only be accessed, stored, or

disseminated for the specific purpose of administering the provisions of this chapter and shall only

be accessed by authorized users to have such access and only for those uses or purposes specified

by law.

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

required to carry out the purposes of this chapter.

policy which that shall ensure safeguards are in place to protect personal information from

unlawful access, sharing and/or second party dissemination. The privacy policy shall include

maintaining an access log.

(d) Any request for access to public records pursuant to the provisions of chapter 2 of title

38 shall be made to the agency that created the record.

42-28.10-4. Collection of fees.

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

determined by the department of public safety in consultation with the board. Fees paid pursuant

to this section shall be maintained in a restricted receipt account pursuant to this chapter for the

exclusive purpose of implementing the provisions of this chapter.

42-28.10-5. Restricted receipt account.

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

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

28.10-4 shall be deposited into this account and be used for costs associated with the system. The

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

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

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

for associated costs. This restricted receipt account shall not be subject to the provisions of § 35-4-

27.

42-28.10-6. Annual reporting.

The director of public safety shall annually provide a report to the speaker of the house,

and the president of the senate. The report shall include and document the systems system’s annual

activity including, but not limited to, the data reported and the number of reports entered into the

system.

SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

Executive Office of Health and Human Services

Organ Transplant Fund

HIV Care Grant Drug Rebates

Health System Transformation Project

Department of Human Services

Veterans' home -- Restricted account

Veterans' home -- Resident benefits

Pharmaceutical Rebates Account

Demand Side Management Grants

Veteran's Cemetery Memorial Fund

Donations -- New Veterans' Home Construction

Department of Health

Pandemic medications and equipment account

Miscellaneous Donations/Grants from Non-Profits

State Loan Repayment Match

Healthcare Information Technology

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

Eleanor Slater non-Medicaid third-party payor account

Hospital Medicare Part D Receipts

RICLAS Group Home Operations

Commission on the Deaf and Hard of Hearing

Emergency and public communication access account

Department of Environmental Management

National heritage revolving fund

Environmental response fund II

Underground storage tanks registration fees

De Coppet Estate Fund

Rhode Island Historical Preservation and Heritage Commission

Historic preservation revolving loan fund

Historic Preservation loan fund -- Interest revenue

Department of Public Safety

E-911 Uniform Emergency Telephone System

Forfeited property -- Retained

Forfeitures -- Federal

Forfeited property -- Gambling

Donation -- Polygraph and Law Enforcement Training

Rhode Island State Firefighter's League Training Account

Fire Academy Training Fees Account

Attorney General

Forfeiture of property

Federal forfeitures

Attorney General multi-state account

Forfeited property -- Gambling

Department of Administration

OER Reconciliation Funding

Health Insurance Market Integrity Fund

RI Health Benefits Exchange

Information Technology Investment Fund

Restore and replacement -- Insurance coverage

Convention Center Authority rental payments

Investment Receipts -- TANS

OPEB System Restricted Receipt Account

Car Rental Tax/Surcharge-Warwick Share

Executive Office of Commerce

Housing Resources Commission Restricted Account

Department of Revenue

DMV Modernization Project

Jobs Tax Credit Redemption Fund

Legislature

Audit of federal assisted programs

Department of Children, Youth and Families

Children's Trust Accounts -- SSI

Military Staff

RI Military Family Relief Fund

RI National Guard Counterdrug Program

Treasury

Admin. Expenses -- State Retirement System

Retirement -- Treasury Investment Options

Defined Contribution -- Administration - RR

Violent Crimes Compensation -- Refunds

Treasury Research Fellowship

Business Regulation

Banking Division Reimbursement Account

Office of the Health Insurance Commissioner Reimbursement Account

Securities Division Reimbursement Account

Commercial Licensing and Racing and Athletics Division Reimbursement Account

Insurance Division Reimbursement Account

Historic Preservation Tax Credit Account

Judiciary

Arbitration Fund Restricted Receipt Account

Third-Party Grants

RI Judiciary Technology Surcharge Account

Department of Elementary and Secondary Education

Statewide Student Transportation Services Account

School for the Deaf Fee-for-Service Account

School for the Deaf -- School Breakfast and Lunch Program

Davies Career and Technical School Local Education Aid Account

Davies -- National School Breakfast & Lunch Program

School Construction Services

Office of the Postsecondary Commissioner

Higher Education and Industry Center

Department of Labor and Training

Job Development Fund

Statewide records management system account

SECTION 3. This act shall take effect upon passage.

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LC000672/SUB A

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