2013 -- S 0862 SUBSTITUTE B

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LC02368/SUB B

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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J O I N T R E S O L U T I O N

CREATING A BEHAVIORAL HEALTH AND FIREARMS SAFETY TASK FORCE TO

REVIEW, AND MAKE RECOMMENDATIONS FOR, STATUTES RELATING TO

FIREARMS AND BEHAVIORAL HEALTH ISSUES

     Introduced By: Senators Cool Rumsey, Goldin, Walaska, Archambault, and Lombardi

     Date Introduced: April 11, 2013

     Referred To: Senate Judiciary

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     WHEREAS, Recent and well-publicized events, including the tragic shootings at Sandy

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Hook Elementary School in neighboring Connecticut, have called into question how we as a

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society deal with firearm violence and public safety; and

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     WHEREAS, The Rhode Island General Assembly seeks to ensure that the laws of our

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state strike an appropriate balance between preserving the individual freedoms and liberties of

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responsible firearm ownership, on the one hand, and on the other hand, acknowledging that

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matters of public safety are recognized; and

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     WHEREAS, Many of the current laws enacted in our state relating to firearms have not

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been reviewed for decades, and though various governmental stakeholders have come together

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during the 2013 legislative session to propose ways to strengthen these laws, the General

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Assembly believes that it is appropriate to conduct a comprehensive review of these laws; and

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     WHEREAS, It is of particular concern how the Rhode Island statutory framework deals

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with the intersection of behavioral health and firearms safety; and

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     WHEREAS, It is in the best interest of the citizens of Rhode Island to convene a task

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force composed of representatives from the legislative, executive, and judicial branches of

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government, members of the behavioral health community, and representatives from firearm

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associations; now, therefore be it

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     RESOLVED, That the Behavioral Health And Firearms Safety Task Force (hereinafter

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referred to as the "Task Force”) be and the same is hereby created consisting of twenty (20)

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members: three (3) of whom shall be members of the House of Representatives, to be appointed

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by the Speaker of the House, not more than two (2) of whom shall be from the same political

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party; three (3) of whom shall be members of the Senate, to be appointed by the President of the

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Senate, not more than two (2) of whom shall be from the same political party; two (2) of whom

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shall be members to be selected by the Governor; one of whom shall be the Attorney General, or

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designee; one of whom shall be the State Court Administrator, of designee; one of whom shall be

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the Director of the Department of Public Safety, or designee; one of whom shall be the Director

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of the Department of Environmental Management, or designee; one of whom shall be the

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Director of the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals,

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or designee; one of whom shall be the President of the Police Chiefs' Association, or designee;

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one of whom shall be the Mental Health Advocate, or designee; one of whom shall be a public

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member representing mental health service providers, to be appointed by the President of the

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Senate; one of whom shall be a public member representing substance abuse service providers, to

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be appointed by the Speaker of House; and three (3) of whom shall be public members of the

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Federated Rhode Island Sportsmen’s Club, Inc., one of whom shall be appointed by the Speaker

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of the House, one of whom shall be appointed by the President of the Senate, and one of whom

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shall be appointed by the Governor.

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     The purpose of said Task Force shall be to conduct a review of current law and make

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recommendations on legislation to improve public safety by developing a more comprehensive

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approach addressing the nexus between behavioral health and firearms safety and shall include

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performing the following functions with respect to the National Instant Criminal Background

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Check System ("NICS"):

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     (1) Conduct a review of different states' approaches for compliance with the NICS Index

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(which includes information contributed by federal and state agencies identifying persons

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prohibited from possessing firearms because of mental health or substance abuse history) to

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ensure that the state conforms to best practices nationally;

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     (2) Propose legislation and recommendations to support the state's full participation in the

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NICS Index; and

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     (3) Propose legislation and recommendations concerning the form and composition of the

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relief from disabilities board based on a review of federal and state laws, rules, and regulations;

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and be it further

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     RESOLVED, That the Task Force shall review chapter 11-47 of the Rhode Island

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General Laws entitled "Weapons" and chapter 40.1-5 of the Rhode Island General Laws entitled

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"Mental Health Law" and make recommendations to revise such chapters consistent with this

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Joint Resolution, which recommendations shall include, but not be limited to, ensuring (1) The

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privacy of information identifying persons with disqualifying behavioral health adjudications or

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commitments; and (2) That the definitions used in such chapters related to mental health and

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substance abuse (or in contemporaneous legislation proposed by the Task Force) are consistent

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before transmitting such recommendations to the Governor, the Speaker of the House, and the

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President of the Senate.

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     In lieu of any appointment of a member of the legislature to a permanent advisory

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commission, a legislative study commission, or any commission created by a General Assembly

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resolution, the appointing authority may appoint a member of the general public to serve in lieu

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of a legislator, provided that the majority leader or the minority leader of the political party which

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is entitled to the appointment consents to the member of the general public.

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     Forthwith upon passage of this resolution, a Representative appointed from the political

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party of the Speaker of House and a Senator appointed from the political party of the President of

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the Senate shall call the first meeting of the Task Force, and the members of the Task Force shall,

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at their first meeting, elect a Chairperson, a Secretary, and any other officers they may find

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necessary. 

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     The Task Force shall assemble no less than two (2) times per month, or more often at the

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call of the Chairperson or upon petition of a majority of its members, upon written notice of each

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meeting stating the place, day, and time of the meeting along with the purpose and/or agenda of

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the meeting. The written notice shall be sent to all members of the Task Force not less than seven

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(7), nor more than ten (10) days prior to the meeting.

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     A quorum of the Task Force shall consist of a majority of its current membership and the

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membership shall receive no compensation for their services.

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     Vacancies in said Task Force shall be filled in like manner as the original appointment.

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     All departments and agencies of the state shall furnish such advice and information,

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documentary and otherwise, to said Task Force and its agents as is deemed necessary or desirable

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by the Task Force to facilitate the purposes of this resolution.

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     The Joint Committee on Legislative Services is hereby authorized and directed to provide

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suitable quarters for said Task Force; and be it further

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     RESOLVED, That the Task Force shall report its findings and recommendations to the

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Governor, the Speaker of the House, and the President of the Senate no later than January 31,

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2014, and said Task Force shall expire on June 30, 2014.

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LC02368/SUB B

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T R E S O L U T I O N

CREATING A BEHAVIORAL HEALTH AND FIREARMS SAFETY TASK FORCE TO

REVIEW, AND MAKE RECOMMENDATIONS FOR, STATUTES RELATING TO

FIREARMS AND BEHAVIORAL HEALTH ISSUES

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     This resolution would create a twenty (20) member special Task Force whose purpose it

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would be to conduct a review of current law and make recommendations on legislation to

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improve public safety by developing a more comprehensive approach addressing the nexus

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between behavioral health and firearms safety, and who would report back to the Governor, the

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Speaker of the House, and the President of the Senate no later than January 31, 2014, and whose

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life would expire on June 30, 2014.    

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LC02368/SUB B

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