Senate Bill #59 (2021)

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

Establishes a statewide public safety computer aided records management system.

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Changes since original draft

  • 2021 – S 0059
  • 2021 – S 0059 SUBSTITUTE A
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  • LC000672
  • LC000672/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - STATEWIDE PUBLIC SAFETY
  • COMPUTER AIDED DISPATCH RECORDS MANAGEMENT SYSTEM
  • COMPUTER AIDED RECORDS MANAGEMENT SYSTEM
  • Introduced By: Senators Ruggerio, Coyne, Seveney, DiPalma, and Burke
  • Date Introduced: January 19, 2021
  • Referred To: Senate Judiciary
  • 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 DISPATCH RECORDS
  • MANAGEMENT SYSTEM
  • STATEWIDE PUBLIC SAFETY COMPUTER AIDED RECORDS MANAGEMENT SYSTEM
  • 42-28.10-1. Statewide records management system.
  • (a) The division of state police is hereby authorized and empowered to provide for the installation, operation, and maintenance of a statewide 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 records may include, but not be limited to, incident and accident reports, arrests, citations, warrants, case management, field contacts, and other operations-oriented records.
  • (b) The RMS is to be installed by the superintendent of the state police in his capacity as the director of department of public safety and shall be maintained and controlled by the records management system board of directors established pursuant to § 42-28.10-2.
  • (c) State and local sworn law enforcement agencies areauthorized tointerface, at their own expense, with the RMS for the exchange of information provided by the system.
  • 42-28.10-2. Record management system board of directors - Established.
  • (a) There is hereby established a board of directors for the Rhode Island records management system, sometimes referred to as the "board", which shall be empowered to maintain the records system and shall have oversight over the collection and maintenance of user fees collected from state agencies and/or cities and towns for the administration of the records system.
  • (b) The board in consultation with the superintendent of the state police shall make rules and regulations necessary to implement the provisions of this chapter.
  • 42-28.10-3. Records management system board of directors - Appointment.
  • (a) The records management system board of directors shall consist of nine (9) members as follows: 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 other than the state police appointed by the director of the department of public safety.
  • (b) A majorityof the board shall elect the chair of the board on an annual basis from among the nine (9) board members pursuant to rules and regulations adopted by the board.
  • 42-28.10-4. Advisory board.
  • There is hereby established a records management advisory board consisting of at least thirteen (13) members who shall be representatives of Rhode Island agencies having an interest in law enforcement records management and who shall be appointed by the records management system board of directors. The advisory board's purpose shall be to assist the board of directors in the administration of this chapter.
  • 42-28.10-5. 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 disseminated for the specific purpose ofadministeringtheprovisions ofthischapter andshall onlybe accessed by sworn law enforcement personnel authorized by law 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 then is reasonably required to carry out the purposes of this chapter.
  • (c) The records management systems board of directors is hereby directed to develop and maintaina privacypolicywhichshall ensure safeguardsarein place to protect personal information from unlawful access, sharing and/or second party dissemination.
  • (d) Any request made pursuant to the Access to Public Records Act of § 38-2-1 et seq. must be made to the agency that created the record.
  • 42-28.10-6. Collection of fees.
  • Any participating law enforcement agency shall be required to pay a user fee to be determinedbytheboard.Feespaidpursuanttothissectionshallbemaintainedina restrictedreceipt account pursuant to this chapter for the exclusive purpose of implementing the provisions of this chapter.
  • 42-28.10-7. 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- 28.10-6 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.
  • 42-28.10-8. Annual reporting.
  • The chairperson of the records management system board of directors 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 annual activity including, but not limited to, the data reported and the number of reports entered into the system.
  • SECTION 2. This act shall take effect upon passage.
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  • LC000672
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  • (a) The director of the department of public safety in his/her 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 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 swornlaw enforcement agencies areauthorizedtointerface, at their own expense, with the RMS for the exchange of information provided by the system.
  • (c) The department of public safety is authorized to promulgate rules and regulations necessary to implement theprovisions of this chapter. All rules, regulations and policies authorized under this chapter shall be promulgated in accordance with chapter 35 of title 42, the administrative procedures act, and shall be in effect prior to an implementation of the RMS.
  • 42-28.10-2. Record 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.
  • (c) A majority of the board shall elect the chair of the board on an annual basis.
  • 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.
  • (c) The department of public safety is hereby directed to develop and maintain a privacy policy which 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 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 benotransferfromcashreceiptswithrestrictionsreceivedexclusively: (1)Fromcontributions from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on federal grantfunds;or(3)Throughtransfersfromstateagenciestothedepartmentofadministration 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. ======== LC000672/SUB A ========
  • 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
  • COMPUTER AIDED RECORDS MANAGEMENT SYSTEM
  • ***
  • This act would establish a statewide public safety computer aided dispatch records management system.
  • This act would take effect upon passage. ======== LC000672 ========
  • This act would establish a statewide public safety computer aided records management system.
  • This act would take effect upon passage. ======== LC000672/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for MANAGEMENT SYSTEM

May 11, 2021 at 4:51pm
Yeas: 33 / Nays: 3 / Not voting: 2 / Recused: 0
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell N
Sen. Burke Y
Sen. Calkin NV
Sen. Cano Y
Sen. Ciccone Y
Sen. Coyne Y
Sen. Cruz Y
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer NV
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Mack N
Sen. McCaffrey Y
Sen. Mendes N
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y