2021 -- H 5423

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LC000572

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENTS OF STATE

GOVERNMENT

     

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 05, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-6-1, 42-6-2, 42-6-3 and 42-6-4 of the General Laws in Chapter

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42-6 entitled "Departments of State Government" are hereby amended to read as follows:

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     42-6-1. Enumeration of departments.

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     All the administrative powers and duties heretofore vested by law in the several state

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departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the

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following departments and other agencies that are specified in this title:

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     (a) Executive department (chapter 7 of this title);

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     (b) Department of state (chapter 8 of this title);

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     (c) Department of the attorney general (chapter 9 of this title);

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     (d) Treasury department (chapter 10 of this title);

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     (e) Department of administration (chapter 11 of this title);

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     (f) Department of business regulation (chapter 14 of this title);

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     (g) Department of children, youth and families (chapter 72 of this title);

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     (h) Department of corrections (chapter 56 of this title);

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     (i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12];

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     (j) Department of elementary and secondary education (chapter 60 of title 16);

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     (k) Department of environmental management (chapter 17.1 of this title);

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     (l) Department of health (chapter 18 of this title);

 

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     (m) Board of governors for higher education (chapter 59 of title 16);

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     (n) Department of labor and training (chapter 16.1 of this title);

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     (o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter

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12.1 of this title);

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     (p) Department of human services (chapter 12 of this title);

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     (q) Department of transportation (chapter 13 of this title);

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     (r) Public utilities commission (chapter 14.3 of this title);

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     (s) Department of revenue (chapter 142 of this title);

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     (t) Department of public safety (chapter 7.3 of this title).;

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     (u) Executive office of commerce (chapter 64.19 of this title); and

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     (v) Executive office of health and human services (chapter 7.2 of this title).

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     42-6-2. Heads of departments. Heads of departments, executive offices, and

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commissioners of education.

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     The governor, secretary of state, attorney general, and general treasurer, hereinafter called

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general officers, shall each be in charge of a department. There shall also be a director of

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administration, a director of revenue, a director of public safety, a director of human services, a

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director of behavioral healthcare, developmental disabilities and hospitals, a director of

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transportation, a director of business regulation, a director of labor and training, a director of

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environmental management, a director for children, youth and families, and a director of

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corrections, a secretary of the executive office of health and human services, a secretary of

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commerce of the commerce corporation, and the commissioners of elementary and secondary

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education and postsecondary education. Each director, secretary, and commissioner shall hold

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office at the pleasure of the governor and he or she shall serve until his or her successor is duly

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appointed and qualified unless the director, secretary, or commissioner is removed from office by

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special order of the governor.

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     42-6-3. Appointment of directors. Appointment of directors, secretaries of executive

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offices, and commissioners of education.

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     (a) At the January session following his or her election to office, the governor shall appoint

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a director of administration, a director of revenue, a director of public safety, a director of human

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services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of

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transportation, a director of business regulation, a director of labor and training, a director of

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environmental management, a director for children, youth and families, and a director of

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corrections, a secretary of the executive office of health and human services, a secretary of

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commerce, and the commissioners of elementary and secondary education and postsecondary

 

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education. The governor shall, in all cases of appointment of a director, secretary, or commissioner,

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while the senate is in session, notify the senate of his or her appointment and the senate shall, within

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sixty (60) legislative days after receipt of the notice, act upon the appointment. If the senate shall,

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within sixty (60) legislative days, vote to disapprove the appointment, it shall so notify the

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governor, who shall forthwith appoint and notify the senate of the appointment of a different person

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as director, secretary, or commissioner and so on in like manner until the senate shall fail to so vote

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disapproval of the governor's appointment. If the senate shall fail, for sixty (60) legislative days

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next after notice, to act upon any appointment of which it has been notified by the governor, the

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person so appointed shall be the director, secretary, or commissioner. The governor may withdraw

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any appointment of which he or she has given notice to the senate, at any time within sixty (60)

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legislative days thereafter and before action has been taken thereon by the senate.

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     (b) Except as expressly provided in § 42-6-9, no director, secretary, or commissioner of

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any department or office shall be appointed or employed pursuant to any contract of employment

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for a period of time greater than the remainder of the governor's current term of office. Any contract

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entered into in violation of this section after July 1, 1994, is hereby declared null and void.

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     42-6-4. Filling of vacancies.

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     (a) In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in session,

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the governor shall appoint a director, secretary, or commissioner to hold the office until his or her

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successor is appointed and qualified in the same manner as provided in § 42-6-3; provided,

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however, that no person so appointed to hold the office until his or her successor is appointed and

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qualified shall serve in such position for more than ten (10) days unless that person's name shall

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have been submitted to the senate for its approval.

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     (b) In case of a vacancy while the senate is not in session, the governor shall appoint a

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director, secretary, or commissioner to hold the office until the next session thereof; provided,

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however, that no person should serve in such position for more than three (3) legislative days after

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the senate convenes unless that person's name shall have been submitted to the senate for its

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approval.

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     (c) In no case shall the governor appoint or designate any person to serve as "interim" or

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"acting" director, secretary, or commissioner of any department or office in circumvention of this

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section.

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     SECTION 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The Rhode

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Island Board of Education Act" is hereby amended to read as follows:

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     16-97-1.2. Powers and duties of the board of education.

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     The board of education shall have the following powers and duties:

 

LC000572 - Page 3 of 6

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     (a) To develop and adopt a strategic plan defining broad goals and objectives for education

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in the state. These goals and objectives shall be expressed in terms of the future educational

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attainment of the population, quality of life and economy of Rhode Island, including but not limited

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to what children, men and women should know and be able to do as a result of their educational

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experience and the contributions of education to meeting the workforce and economic development

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needs of Rhode Island. The board shall approve the strategic plans for elementary and secondary

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education and postsecondary education in terms of the alignment of these strategic plans with the

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overall strategic plan of the board of education. The board shall continuously evaluate the efforts

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of the council on elementary and secondary education and the council on postsecondary education

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to implement the strategic plans and shall review the results of education in the light of these

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objectives;

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     (b) To prepare and maintain a five (5) year strategic funding plan for all levels of education

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in Rhode Island. The board shall determine priorities of expenditures for public education purposes

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of state revenues and other public resources made available for the support of public education and

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direct the council on elementary and secondary education and the council on postsecondary

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education to implement those priorities when developing the annual budget for elementary and

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secondary education and higher education. The councils shall present their annual budgets to the

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board for its review and approval. Nothing contained in this subdivision shall authorize the board

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to alter the allocation of grants or aid otherwise provided by law;

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     (c) To develop and submit to the general assembly for approval a performance funding

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formula for public higher education that furthers the purposes of the board and ensures that all

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students may achieve educational excellence;

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     (d) To develop policies that maximize the potential of collaboration from elementary and

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secondary education through higher education systems and that improve efficiencies at all levels

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of the education system through improved coordination of activities;

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     (e) To embrace the legislative findings regarding virtual education established by § 16-

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22.1-2 of the general laws and adopt goals and policies that address these findings and to encourage

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the council on elementary and secondary education and the council for postsecondary education to

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develop and or improve virtual learning experiences for Rhode Island students;

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     (f) To approve the appointment of a commissioner of elementary and secondary education.

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     (g) To approve the appointment of a commissioner of postsecondary education.

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     (h) To conduct a training course for newly appointed and qualified board members within

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six (6) months of their qualification. The course shall be developed by the chairperson of the board,

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approved by the board, and conducted by the chairperson of the board. The board may approve the

 

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use of any board or staff members or other individuals to assist with training. The training course

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shall include instruction in the following areas: the provisions of chapters 42-46, 36-14, and 38-2;

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and the board's own rules.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENTS OF STATE

GOVERNMENT

***

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     This act would require that the secretary of the executive office of health and human

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services (EOHHS), the secretary of commerce of the commerce corporation and the commissioners

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of elementary and secondary education and postsecondary education be appointed subject to the

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approval of the senate. Senate approval would also be required for most temporary appointments

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to these positions.

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     This act would take effect upon passage.

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