Rhode Island 2023 2023 Regular Session

Rhode Island House Bill H5216 Introduced / Fiscal Note

                     
 
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art.002/1 
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ARTICLE 2 1 
RELATING TO STATE FUNDS 2 
SECTION 1. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records” 3 
is hereby amended to read as follows:  4 
23-3-25. Fees for copies and searches.  5 
(a) The state registrar shall charge fees for searches and copies as follows: 6 
(1) For a search of two (2) consecutive calendar years under one name and for issuance of 7 
a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or 8 
a certification that the record cannot be found, and each duplicate copy of a certificate or 9 
certification issued at the same time, the fee is as set forth in § 23-1-54. 10 
(2) For each additional calendar year search, if applied for at the same time or within three 11 
(3) months of the original request and if proof of payment for the basic search is submitted, the fee 12 
is as set forth in § 23-1-54. 13 
(3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54. 14 
(4) For processing of adoptions, legitimations, or paternity determinations as specified in 15 
§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54. 16 
(5) For making authorized corrections, alterations, and additions, the fee is as set forth in  17 
§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and 18 
additions on records filed before one year of the date on which the event recorded has occurred. 19 
(6) For examination of documentary proof and the filing of a delayed record, there is a fee 20 
as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of 21 
a certified copy of a delayed record. 22 
(b) Fees collected under this section by the state registrar shall be deposited in the general 23 
fund of this state, according to the procedures established by the state treasurer. 24 
(c) The local registrar shall charge fees for searches and copies of records as follows: 25 
(1) For a search of two (2) consecutive calendar years under one name and for issuance of 26 
a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a 27 
certification of birth or a certification that the record cannot be found, the fee is twenty dollars 28 
($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is 29 
fifteen dollars ($15.00). 30   
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(2) For each additional calendar year search, if applied for at the same time or within three 1 
(3) months of the original request and if proof of payment for the basic search is submitted, the fee 2 
is two dollars ($2.00). 3 
(d) Fees collected under this section by the local registrar shall be deposited in the city or 4 
town treasury according to the procedures established by the city or town treasurer except that six 5 
dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the 6 
general fund of this state. 7 
(e) To acquire, maintain, and operate an electronic statewide registration system (ESRS), 8 
the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified 9 
records request, no more than three dollars ($3.00) for each duplicate certified record, and no more 10 
than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record 11 
requested for a local registrar. Notwithstanding the provisions of subsection (d), any such 12 
surcharges collected by the local registrar shall be submitted to the state registrar. Any funds 13 
collected from the surcharges listed above shall be deposited into the information technology 14 
investment fund (ITIF) information technology restricted receipt account (ITRR account) 15 
established pursuant to § 42-11-2.5(a). 16 
SECTION 2. Section 31-2-27 of the General Laws in Chapter 31-2 entitled “Division of 17 
Motor Vehicles” is hereby amended to read as follows:  18 
31-2-27. Technology surcharge fee.  19 
(a) The division of motor vehicles shall collect a technology surcharge fee of two dollars 20 
and fifty cents ($2.50) per transaction for every division of motor vehicles’ fee transaction, except 21 
as otherwise provided by law and provided no surcharge fee is assessed on motor vehicle inspection 22 
transactions conducted pursuant to § 31-38-4. One dollar and fifty cents ($1.50) of each two dollars 23 
and fifty cents ($2.50) collected pursuant to this section shall be deposited into the information 24 
technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-25 
11-2.5(a) and shall be used for project-related payments and/or ongoing maintenance of and 26 
enhancements to the division of motor vehicles’ computer system and to reimburse the information 27 
technology investment fund for advances made to cover project-related payments. The remaining 28 
one dollar ($1.00) shall be deposited into a restricted-receipt account managed by the division of 29 
motor vehicles and restricted to the project-related payments and/or ongoing maintenance of and 30 
enhancements to the division of motor vehicles’ computer system. 31 
(b) [Deleted by P.L. 2019, ch. 88, art. 7, § 1]. 32 
(c) Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited 33 
into the division of motor vehicles restricted account and restricted to the project-related payments 34   
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and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer 1 
system. 2 
SECTION 3. Chapter 35-3-20 of the General Laws entitled "State Budget" is hereby 3 
amended by adding thereto the following section: 4 
35-3-20.2. Supplemental state budget reserve account. 5 
(a) There is hereby created within the general fund a supplemental state budget reserve 6 
account, which shall be administered by the state controller and which shall be used solely for the 7 
purpose of providing such sums as may be appropriated to fund any unanticipated general revenue 8 
deficit caused by a general revenue shortfall. 9 
(b) At any time after the third quarter of a fiscal year that it is indicated that total resources 10 
which are defined to be the aggregate of estimated general revenue, general revenue receivables, 11 
and available free surplus in the general fund will be less than the estimates upon which current 12 
appropriations were based, the general assembly may make appropriations from the supplemental 13 
state budget reserve account for the difference between the estimated total resources and the 14 
original estimates upon which enacted appropriations were based, but only in the amount of the 15 
difference based upon the revenues projected at the latest state revenue estimating conference 16 
pursuant to chapter 16 of this title as reported by the chairperson of that conference. 17 
(c) Whenever a transfer has been made pursuant to subsection (b), that transfer shall be 18 
considered as estimated general revenues for the purposes of determining the amount to be 19 
transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b). 20 
(d) The supplemental state budget reserve account shall consist of such sums as the state 21 
may from time to time directly transfer to the account as authorized in law. 22 
SECTION 4. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds” 23 
is hereby amended to read as follows:  24 
35-4-27. Indirect cost recoveries on restricted receipt accounts.  25 
Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all 26 
restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there 27 
shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions 28 
from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on 29 
federal grant funds; or (3) Through transfers from state agencies to the department of administration 30 
for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, 31 
unless prohibited by federal law or regulation, court order, or court settlement. The following 32 
restricted receipt accounts shall not be subject to the provisions of this section: 33 
Executive Office of Health and Human Services 34   
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Organ Transplant Fund 1 
HIV Care Grant Drug Rebates 2 
Health System Transformation Project 3 
Rhode Island Statewide Opioid Abatement Account 4 
HCBS Support-ARPA 5 
HCBS Admin Support-ARPA 6 
Department of Human Services 7 
Veterans’ home — Restricted account 8 
Veterans’ home — Resident benefits 9 
Pharmaceutical Rebates Account 10 
Demand Side Management Grants 11 
Veteran’s Cemetery Memorial Fund 12 
Donations — New Veterans’ Home Construction 13 
Department of Health 14 
Pandemic medications and equipment account 15 
Miscellaneous Donations/Grants from Non-Profits 16 
State Loan Repayment Match 17 
Healthcare Information Technology 18 
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals 19 
Eleanor Slater non-Medicaid third-party payor account 20 
Hospital Medicare Part D Receipts 21 
RICLAS Group Home Operations 22 
Commission on the Deaf and Hard of Hearing 23 
Emergency and public communication access account 24 
Department of Environmental Management 25 
National heritage revolving fund 26 
Environmental response fund II 27 
Underground storage tanks registration fees 28 
De Coppet Estate Fund 29 
Rhode Island Historical Preservation and Heritage Commission 30 
Historic preservation revolving loan fund 31 
Historic Preservation loan fund — Interest revenue 32 
Department of Public Safety 33 
E-911 Uniform Emergency Telephone System 34   
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Forfeited property — Retained 1 
Forfeitures — Federal 2 
Forfeited property — Gambling 3 
Donation — Polygraph and Law Enforcement Training 4 
Rhode Island State Firefighter’s League Training Account 5 
Fire Academy Training Fees Account 6 
Attorney General 7 
Forfeiture of property 8 
Federal forfeitures 9 
Attorney General multi-state account 10 
Forfeited property — Gambling 11 
Department of Administration 12 
OER Reconciliation Funding 13 
Health Insurance Market Integrity Fund 14 
RI Health Benefits Exchange 15 
Information Technology Investment Fund restricted receipt account  16 
Restore and replacement — Insurance coverage 17 
Convention Center Authority rental payments 18 
Investment Receipts — TANS 19 
OPEB System Restricted Receipt Account 20 
Car Rental Tax/Surcharge-Warwick Share 21 
Grants Management Administration 22 
Executive Climate Change Coordinating Council Projects  23 
Executive Office of Commerce 24 
Housing Resources Commission Restricted Account 25 
Housing Production Fund 26 
Department of Revenue 27 
DMV Modernization Project 28 
Jobs Tax Credit Redemption Fund 29 
Legislature 30 
Audit of federal assisted programs 31 
Department of Children, Youth and Families 32 
Children’s Trust Accounts — SSI 33 
Military Staff 34   
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RI Military Family Relief Fund 1 
RI National Guard Counterdrug Program 2 
Treasury 3 
Admin. Expenses — State Retirement System 4 
Retirement — Treasury Investment Options 5 
Defined Contribution — Administration - RR 6 
Violent Crimes Compensation — Refunds 7 
Treasury Research Fellowship 8 
Business Regulation 9 
Banking Division Reimbursement Account 10 
Office of the Health Insurance Commissioner Reimbursement Account 11 
Securities Division Reimbursement Account 12 
Commercial Licensing and Racing and Athletics Division Reimbursement Account 13 
Insurance Division Reimbursement Account 14 
Historic Preservation Tax Credit Account 15 
Marijuana Trust Fund 16 
Social Equity Assistance Fund 17 
Judiciary 18 
Arbitration Fund Restricted Receipt Account 19 
Third-Party Grants 20 
RI Judiciary Technology Surcharge Account 21 
Department of Elementary and Secondary Education 22 
Statewide Student Transportation Services Account 23 
School for the Deaf Fee-for-Service Account 24 
School for the Deaf — School Breakfast and Lunch Program 25 
Davies Career and Technical School Local Education Aid Account 26 
Davies — National School Breakfast & Lunch Program 27 
School Construction Services 28 
Office of the Postsecondary Commissioner 29 
Higher Education and Industry Center 30 
IGT STEM Scholarships 31 
Department of Labor and Training 32 
Job Development Fund 33 
Rhode Island Council on the Arts 34   
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Governors’ Portrait Donation Fund 1 
Statewide records management system account 2 
SECTION 5. Section 37-2-12 of the General Laws in Chapter 37-2 entitled “State 3 
Purchases Act” is hereby amended to read as follows:  4 
37-2-12. Centralization of the procurement authority.  5 
(a) All rights, powers, duties, and authority relating to the procurement of supplies, 6 
services, and construction, and the management, control, warehousing, sale, and disposal of 7 
supplies, services, and construction now vested in or exercised by any state agency under the 8 
several statutes relating thereto are hereby transferred to the chief purchasing officer as provided 9 
in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the 10 
centralized purchasing of the state but the public agency, through its existing internal purchasing 11 
function, shall adhere to the general principles, policies and practices set forth in this chapter. 12 
(b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and 13 
collect from state contractors, listed on master-price agreements, a statewide contract 14 
administrative fee not to exceed one percent (1%) of the total value of the annual spend against a 15 
contract awarded to a state contractor. All statewide contract administrative fees collected pursuant 16 
to this subsection shall be deposited into a restricted-receipt account within the general fund 17 
designated as the “division of purchases administrative-fee account” and shall be used for the 18 
purposes of implementing technology for the submission and processing of bids, online vendor 19 
registration, bid notification, and other costs related to state procurement. On or before January 15, 20 
2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall 21 
file a report with the governor, the speaker of the house, and the president of the senate detailing: 22 
(i) The total amount of funds collected and deposited into the division of purchases 23 
administrative-fee account for the most recently completed fiscal year; 24 
(ii) The account balance as of the date of the report; 25 
(iii) An itemization of all expenditures and other uses of said funds from said account for 26 
the most recently completed fiscal year; and 27 
(iv) An annual evaluation as to the appropriateness of the amount of the contract 28 
administrative fee on master-price agreements. 29 
(c) Subject to the approval of the director of the department of administration, the state 30 
controller is authorized to offset any currently recorded outstanding liability on the part of 31 
developmental disability organizations (DDOs) to repay previously authorized startup capital 32 
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale 33   
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proceeds being deposited into the information technology investment fund restricted receipt 1 
account established pursuant to § 42-11-2.5(a). 2 
SECTION 6. Section 37-7-15 of the General Laws in Chapter 37-7 entitled “Management 3 
and Disposal of Property” is hereby amended to read as follows:  4 
37-7-15. Sale of state-owned land, buildings and improvements thereon and other real 5 
property.  6 
(a) Total annual proceeds from the sale of any land and the buildings and improvements 7 
thereon, and other real property, title to which is vested in the state of Rhode Island or title to which 8 
will be vested in the state upon completion of any condemnation or other proceedings, shall be 9 
transferred to the information technology restricted receipt account (ITRR account) and made 10 
available for the purposes outlined in § 42-11-2.5(a), unless otherwise prohibited by federal law. 11 
(b) Provided, however, this shall not include proceeds from the sale of any land and the 12 
buildings and improvements thereon that will be created by the relocation of interstate route 195, 13 
which is sometimes collectively referred to as the “I-195 Surplus Land,” which land is identified 14 
in the “Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis” 15 
prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain 16 
tracts or parcels of land situated in the city of Providence, county of Providence, state of Rhode 17 
Island, delineated on that certain plan of land captioned “Improvements to Interstate Route 195, 18 
Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1” 19 
(c) Subject to the approval of the director of the department of administration, the state 20 
controller is authorized to offset any currently recorded outstanding liability on the part of 21 
developmental disability organizations (DDOs) to repay previously authorized startup capital 22 
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale 23 
proceeds being deposited into the information technology investment fund. 24 
SECTION 7. Section. 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled 25 
"Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows: 26 
 39-18.1-4. Rhode Island highway maintenance account created. 27 
(a) There is hereby created a special account in the intermodal surface transportation fund 28 
as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.  29 
(b) The fund shall consist of all those moneys that the state may, from time to time, direct 30 
to the fund, including, but not necessarily limited to, moneys derived from the following sources:  31 
(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than 32 
those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid 33 
by each vehicle or truck owner in order to register that owner’s vehicle or truck and upon each 34   
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subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) 1 
each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30, 2 
2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00) 3 
from July 1, 2015, through June 30, 2016, and each year thereafter.  4 
(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be 5 
as set forth below and shall be paid in full in order to register the vehicle or truck and upon each 6 
subsequent renewal:  7 
 Plate Type 	Surcharge 8 
 Antique 	$5.00 9 
 Farm 	$10.00 10 
 Motorcycle 	$13.00 11 
(ii) For owners of trailers, the surcharge shall be one-half (½) of the biennial registration 12 
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal;  13 
(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than 14 
those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks 15 
subject to annual registration, to be paid annually by each vehicle or truck owner in order to register 16 
that owner’s vehicle or truck and upon each subsequent annual registration. This surcharge will be 17 
phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00) 18 
from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30, 19 
2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year 20 
thereafter.  21 
(i) For registrations of the following plate types, the surcharge shall be as set forth below 22 
and shall be paid in full in order to register the plate, and upon each subsequent renewal:  23 
 Plate Type 	Surcharge 24 
 Boat Dealer 	$6.25 25 
 Cycle Dealer 	$6.25 26 
 In-transit 	$5.00 27 
 Manufacturer 	$5.00 28 
 New Car Dealer 	$5.00 29 
 Used Car Dealer 	$5.00 30 
 Racer Tow 	$5.00 31 
 Transporter 	$5.00 32 
 Bailee 	$5.00 33   
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(ii) For owners of trailers, the surcharge shall be one-half (½) of the annual registration 1 
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.  2 
(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars 3 
and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five 4 
cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50) 5 
from July 1, 2014, through June 30, 2015, and each year thereafter;  6 
(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor 7 
vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge 8 
will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars 9 
($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014, 10 
through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and 11 
each year thereafter. In the event that a license is issued or renewed for a period of less than five 12 
(5) years, the surcharge will be prorated according to the period of time the license will be valid;  13 
(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31, 14 
except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode 15 
Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees 16 
be transferred as follows:  17 
(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;  18 
(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited;  19 
(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and  20 
(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be 21 
deposited;  22 
(5) All remaining funds from previous general obligation bond issues that have not 23 
otherwise been allocated.  24 
(c) Effective July 1, 2019, ninety-five percent (95%) of all funds collected pursuant to this 25 
section shall be deposited in the Rhode Island highway maintenance account and shall be used only 26 
for the purposes set forth in this chapter. The remaining funds shall be retained as general revenues 27 
to partially offset cost of collections 28 
(d) Unexpended balances and any earnings thereon shall not revert to the general fund but 29 
shall remain in the Rhode Island highway maintenance account. There shall be no requirement that 30 
monies received into the Rhode Island highway maintenance account during any given calendar 31 
year or fiscal year be expended during the same calendar year or fiscal year.  32   
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(e) The Rhode Island highway maintenance account shall be administered by the director, 1 
who shall allocate and spend monies from the fund only in accordance with the purposes and 2 
procedures set forth in this chapter.  3 
SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911 4 
Emergency Telephone Number Act” is hereby amended to read as follows:  5 
39-21.1-14. E-911 surcharge and first response surcharge.  6 
(a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence 7 
and business telephone line or trunk, or path and data, telephony, internet, voice over internet 8 
protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex 9 
equivalent trunks and each line or trunk serving, and upon each user interface number or extension 10 
number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not 11 
exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private 12 
branch exchange, or connecting to or from a customer-based or dedicated telephone switch site 13 
(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a 14 
customer-based or dedicated central office (such as, but not exclusive of, a centrex system but 15 
exclusive of trunks and lines provided to wireless communication companies) that can access to, 16 
connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI 17 
E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall 18 
also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by 19 
each telecommunication services provider at the inception of services and shall be payable to the 20 
telecommunication services provider by the subscriber of the services. 21 
(2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless 22 
instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet 23 
protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any 24 
other wireless instrument, device, or means that has access to, connects with, or activates or 25 
interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each 26 
instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly 27 
first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each 28 
telecommunication services provider and shall be payable to the telecommunication services 29 
provider by the subscriber. Prepaid wireless telecommunications services shall not be included in 30 
this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone 31 
system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the 32 
general body of ratepayers this surcharge. 33   
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(b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18 1 
of title 44 nor be included within the telephone common carrier’s gross earnings for the purpose of 2 
computing the tax under chapter 13 of title 44. 3 
(c) Each telephone common carrier and each telecommunication services provider shall 4 
establish a special account to which it shall deposit on a monthly basis the amounts collected as 5 
surcharges under this section. 6 
(d) The money collected by each telecommunication services provider shall be transferred 7 
within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice 8 
over internet protocol (VoIP), satellite, computer, internet, or communications services in this state 9 
and every month thereafter, to the division of taxation, together with the accrued interest. The E-10 
911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of 11 
the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in 12 
the general fund; provided, however, that ten percent (10%) of the money collected from the first 13 
response surcharge shall be deposited in the information technology investment fund restricted 14 
receipt account (ITRR account) established pursuant to § 42-11-2.5(a). Any money not transferred 15 
in accordance with this subsection shall be assessed interest at the rate set forth in § 44-1-7 from 16 
the date the money should have been transferred. 17 
(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section 18 
until it has been paid to the telephone common carrier or telecommunication services provider. Any 19 
surcharge shall be added to and shall be stated separately in the billing by the telephone common 20 
carrier or telecommunication services provider and shall be collected by the telephone common 21 
carrier or telecommunication services provider. 22 
(f) Each telephone common carrier and telecommunication services provider shall annually 23 
provide the E-911 uniform emergency telephone system division, or any other agency that may 24 
replace it, with a list of amounts uncollected, together with the names and addresses of its 25 
subscriber-users who can be determined by the telephone common carrier or telecommunication 26 
services provider to have not paid the E-911 surcharge. 27 
(g) Included within, but not limited to, the purposes for which the money collected from 28 
the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction, 29 
maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform 30 
emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition, 31 
upgrade, or modification of PSAP equipment to be capable of receiving E-911 information, 32 
including necessary computer hardware, software, and database provisioning, addressing, and non-33 
recurring costs of establishing emergency services; network development, operation, and 34   
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maintenance; database development, operation, and maintenance; on-premise equipment 1 
maintenance and operation; training emergency service personnel regarding use of E-911; 2 
educating consumers regarding the operations, limitations, role, and responsible use of E-911; 3 
reimbursement to telephone common carriers or telecommunication services providers of rates or 4 
recurring costs associated with any services, operation, administration, or maintenance of E-911 5 
services as approved by the division; reimbursement to telecommunication services providers or 6 
telephone common carriers of other costs associated with providing E-911 services, including the 7 
cost of the design, development, and implementation of equipment or software necessary to provide 8 
E-911 service information to PSAPs, as approved by the division. 9 
(h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.] 10 
(i) Nothing in this section shall be construed to constitute rate regulation of wireless 11 
communication services carriers, nor shall this section be construed to prohibit wireless 12 
communication services carriers from charging subscribers for any wireless service or feature. 13 
(j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.] 14 
SECTION 9. Sections 42-11-2.5, 42-11-2.6, 42-11-2.8 of the General Laws in Chapter 42-15 
11 entitled “Department of Administration” are hereby amended to read as follows:  16 
42-11-2.5. Information technology investment fund. restricted receipt account and 17 
large systems initiatives fund.  18 
(a) All sums from the sale of any land and the buildings and improvements thereon, and 19 
other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-20 
7-15(c), shall be transferred to an information technology investment fund restricted-receipt 21 
account (ITRR account) that is hereby established. This fund ITRR account shall consist of such 22 
sums from the sale of any land and the buildings and improvements thereon, and other real property, 23 
title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as 24 
a share of first response surcharge revenues collected under the provisions of § 39-21.1-14. This 25 
fund ITRR account may also consist of such sums as the state may from time to time appropriate; 26 
as well as money received from the disposal of information technology equipmenthardware, loan, 27 
interest, and service charge payments from benefiting state agencies; as well as interest earnings, 28 
money received from the federal government, gifts, bequest, donations, or otherwise from any 29 
public or private source. Any such funds shall be exempt from the indirect cost recovery provisions 30 
of § 35-4-27. 31 
(b) (1) This fund ITRR account shall be used for the purpose of acquiring information 32 
technology improvements, including, but not limited to: hardware, software, consulting services, 33 
and ongoing maintenance and upgrade contracts for state departments and agencies. 34   
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(c) (2) The division of enterprise technology strategy and service of the Rhode Island 1 
department of administration shall adopt rules and regulations consistent with the purposes of this 2 
chapter and chapter 35 of this title, in order to provide for the orderly and equitable disbursement 3 
of funds from this ITRR account. 4 
(d)(3) For all requests for proposals that are issued for information technology projects, a 5 
corresponding information technology project manager shall be assigned.  6 
(b) There is also hereby established a special fund to be known as the large systems 7 
initiatives fund (LSI fund), separate and apart from the general fund of the state, to be administered 8 
by the chief information officer within the department of administration for the purpose of 9 
implementing and maintaining enterprise-wide software projects for executive branch departments. 10 
The LSI fund shall consist of such sums as the state may from time to time directly appropriate to 11 
the LSI fund.  12 
(c) In the event that a project falls both within the purposes stated above for the ITRR 13 
account and the LSI fund, the chief digital officer for the division of enterprise technology strategy 14 
and service, or his or her designee, may determine the funding allocation between the ITRR and 15 
the LSI fund.     16 
42-11-2.6. Office of Digital Excellence established.  17 
(a) Within the department, division of enterprise technology strategy and services, there 18 
shall be established the Office of Digital Excellence. The purposes of the office shall be to move 19 
Rhode Island state government into the 21st century through the incorporation of innovation and 20 
modern digital capabilities throughout state government and to leverage technology to expand and 21 
improve the quality of services provided to Rhode Island citizens; to promote greater access to 22 
government and the internet throughout cities and towns; and to position Rhode Island as a national 23 
leader in e-government. 24 
(b) Within the office, there shall be a chief digital officer who shall be appointed by the 25 
director of administration with the approval of the governor and who shall be in the unclassified 26 
service. The chief digital officer shall report to the director of administration and be required to: 27 
(1) Manage the implementation of all new and mission-critical technology infrastructure 28 
projects and upgrades for state agencies. The division of enterprise technology strategy and 29 
services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day 30 
operations of the state’s technology infrastructure, telecommunications, and associated 31 
applications; 32 
(2) Increase the number of government services that can be provided online in order to 33 
allow residents and businesses to complete transactions in a more efficient and transparent manner; 34   
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(3) Improve the state’s websites to provide timely information to online users and as many 1 
government services as possible online; and 2 
(4) Establish, improve, and enhance the state’s use of social media and mobile 3 
technological applications. 4 
(c) The office shall coordinate its efforts with the division of enterprise technology strategy 5 
and services in order to plan, allocate, and implement projects supported by the information 6 
technology investment fund restricted receipt account (ITRR account) established pursuant to § 42-7 
11-2.5(a) and the large systems initiatives fund (LSI fund) established pursuant to § 42-11-2.5(b). 8 
(d) All intellectual property created as a result of work undertaken by employees of the 9 
office shall remain the property of the state of Rhode Island. Any patents applied for shall be in the 10 
name of the state. 11 
(e) The director of administration may promulgate rules and regulations recommended by 12 
the chief digital officer in order to effectuate the purposes and requirements of this act. 13 
(f) The chief digital officer shall report no later than January 31, 2013, and every January 14 
31 thereafter, to the governor, the speaker of the house of representatives, and the senate president 15 
regarding the implementation status of all technology infrastructure projects; website 16 
improvements; number of e-government transactions and revenues generated; projects supported 17 
by the information technology investment fund; and all other activities undertaken by the office. 18 
The report shall also include planned use for projects related to public safety communications and 19 
emergency services, recommendations on the development of and opportunities for shared 20 
implementation and delivery of these services among municipalities, and strategies for such shared 21 
services. The annual report shall be posted on the office’s website. 22 
42-11-2.8. Division of enterprise technology strategy and services established.  23 
(a) Established. Within the department there shall be established the division of enterprise 24 
technology strategy and service (ETSS), which shall include the office of information technology, 25 
the office of digital excellence (ODE), and the office of library and information services (OLIS). 26 
Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee and 27 
manage the division and shall be appointed by the director of administration. Any prior reference 28 
in statute to the division of information technology shall now mean ETSS. The chief digital officer 29 
shall supervise the state’s chief information officer, chief technology officer, chief information 30 
security officer, the directors of information technology, and all associated employees. The chief 31 
digital officer may promulgate rules and regulations in order to effectuate the purposes and 32 
requirements of this act. 33   
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(b) Purposes; duties. The purposes of ETSS shall be to align existing and future 1 
technology platforms, along with technical expertise, across the agencies of the executive branch. 2 
ETSS shall be responsible for managing and consolidating the strategy and budgets of the division, 3 
including the office of information technology, the office of library and information services and 4 
the office of digital excellence, and the information technology investment fund. The focus of ETSS 5 
will be to lead the strategic technology decisions and efforts across all of the executive branch state 6 
agencies; identify opportunities to implement technology solutions across state agencies to prevent 7 
duplication of systems and effort; as well as effectively support these solutions in an efficient 8 
manner. ETSS shall have the following duties: 9 
(1) Manage the implementation of all new and mission-critical technology infrastructure 10 
projects and upgrades for state agencies. The office of information technology, under ETSS, shall 11 
manage and support all day-to-day operations of the state’s technology infrastructure, 12 
telecommunications, and associated applications; 13 
(2) Manage the office of digital excellence in order to ensure that large-scale technology 14 
projects are delivered in a timely manner in accordance with accepted best-industry practices; 15 
(3) To oversee the chief of library services and the office of library and information 16 
services to ensure that this office fulfills its statutory duties in an effective manner; 17 
(4) Coordinate efforts with the director of administration in order to plan, allocate, and 18 
implement projects supported by the information technology investment fund restricted receipt 19 
account (ITRR account) established pursuant to § 42-11-2.5(a) and the large systems initiatives 20 
fund (LSI fund) established pursuant to § 42-11-2.5(b); 21 
(5) Supervise all intellectual property created as a result of work undertaken by employees 22 
of ETSS to ensure that ownership of this intellectual property remains with the state. Any patents 23 
applied for shall be in the name of the state. 24 
(c) Reporting. The chief digital officer shall annually report no later than January 31 to 25 
the governor, the speaker of the house of representatives, and the senate president regarding the 26 
implementation status of all technology infrastructure projects; website improvements; number of 27 
e-government transactions and revenues generated; projects supported by the information 28 
technology investment fund; and all other activities undertaken by the division. The annual report 29 
shall be posted on the ETSS website. 30 
SECTION 10.  This article shall take effect upon passage. 31