2021 -- H 5750

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LC001875

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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

     Introduced By: Representatives Giraldo, and Morales

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department

of Administration" is hereby amended to read as follows:

     42-11-2. Powers and duties of department.

     The department of administration shall have the following powers and duties:

     (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

     (2) To administer the budget for all state departments and agencies, except as specifically

exempted by law;

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

services needed by state departments and agencies, except as specifically exempted by law;

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

     (6) To supervise and control the advertising for bids and awards for state purchases;

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

     (10) To require reports from state agencies on the buildings and property in their custody;

     (11) To issue regulations to govern the protection and custody of the property of the state;

     (12) To assign office and storage space and to rent and lease land and buildings for the use

of the several state departments and agencies in the manner provided by law;

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

     (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

     (15) To furnish the several departments and agencies of the state with other essential office

services;

     (16) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

     (17) To operate a merit system of personnel administration and personnel management as

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

agencies within the classified service;

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

     (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff assistance

in methods, systems and programming work to other state agencies, and arrange for and effect the

centralization and consolidation of punch card and electronic data processing equipment and

services in order to obtain maximum utilization and efficiency;

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the data base used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or other

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appropriate assistance toward establishing, within those municipalities, compatible information

systems in order to obtain the maximum effectiveness in the management of public resources;

     (i) The comprehensive and coordinated statewide information system may include a Rhode

Island geographic information system of land-related economic, physical, cultural and natural

resources.

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support.

     (21) To administer a statewide planning program including planning assistance to the state

departments and agencies;

     (22) To administer a statewide program of photography and photographic services;

     (23) To negotiate with public or private educational institutions in the state, in cooperation

with the department of health, for state support of medical education;

     (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

     (25) To approve costs as provided in § 23-19-32; and

     (26) To provide all necessary civil service tests for child protective investigators and social

workers at least twice each year and to maintain an adequate hiring list for these positions at all

times.

     (27)(a) To prepare a report every three (3) months by all current property leases or rentals

by any state or quasi-state agency to include the following information:

     (i) Name of lessor;

     (ii) Description of the lease (purpose, physical characteristics, and location);

     (iii) Cost of the lease;

     (iv) Amount paid to date;

     (v) Date initiated;

     (vi) Date covered by the lease.

     (b) To prepare a report by October 31, 2014, of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

     (iv) Ratio and listing of buildings owned by the state versus leased;

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     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2016;

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (xiv) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee.

     (28) To provide by December 31, 1995, the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that payment

generates one thousand (1,000) or more such payments each month.

     (29) To encourage municipalities, school districts, and quasi-public agencies to achieve

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To assist

in determining whether the benefit levels including employee cost sharing and unit costs of such

benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies

as compared with state benefit levels and costs.

     (30) To administer a health benefit exchange in accordance with chapter 157 of title 42.

     (31) No state agency shall enter into any contracts with the U.S. Immigration and Customs

Enforcement (ICE).

     SECTION 2. Section 45-2-4 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-4. Power to own property and make contracts.

     Cities and towns may take, purchase, and hold real and personal property, and alienate and

convey the property; and may also take, hold, and manage the property in trust for any charitable,

other than religious, uses, and may make all contracts, including lease or lease-purchase agreements

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of real and personal property, necessary and convenient for the transaction of the business of the

city or town except that no contracts shall be entered into with U.S. Immigration and Customs

Enforcement (ICE).

     SECTION 3. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections

Department" is hereby amended to read as follows:

     42-56-10. Powers of the director.

     In addition to exercising the powers and performing the duties, which are otherwise given

to him or her by law, the director of the department of corrections shall:

     (1) Designate, establish, maintain, and administer those state correctional facilities that he

or she deems necessary, and may discontinue the use of those state correctional facilities that he or

she deems appropriate for that action;

     (2) Maintain security, safety, and order at all state correctional facilities, utilize the

resources of the department to prevent escapes from any state correctional facility, take all

necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of

any state correctional facility, including, but not limited to, the development, planning, and

coordination of emergency riot procedures, and take suitable measures for the restoration of order;

     (3) Establish and enforce standards for all state correctional facilities;

     (4) Supervise and/or approve the administration by the assistant directors of the

department;

     (5) Manage, direct, and supervise the operations of the department;

     (6) Direct employees in the performance of their official duties;

     (7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge,

or take other necessary disciplinary action;

     (8) Maintain the efficiency of the operations of the department;

     (9) Determine the methods, means, and personnel by which those operations of the

department are to be conducted;

     (10) Relieve employees from duties because of lack of work or for other legitimate reasons;

     (11) Establish, maintain, and administer programs, including, but not limited to, education,

training, and employment, of persons committed to the custody of the department, designed as far

as practicable to prepare and assist each person to assume the responsibilities and exercise the rights

of a citizen of this state;

     (12) Establish a system of classification of persons committed to the custody of the

department for the purpose of developing programs for each person in order to effectively develop

an individualized program for each sentenced inmate that will address each offender's individual

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treatment and rehabilitative needs, the department of corrections is authorized to receive, with the

express consent of the inmate, and upon request to the department of children, youth and families,

the offender's juvenile arrest and/or adjudication records. Information related to the juvenile's

family members and other third parties, excluding law enforcement personnel, shall be redacted

from the records provided prior to their release to the department. The records will be disclosed to

only those department personnel directly responsible for, and only for the purpose of, developing

the individualized program for the offender;

     (13) Determine at the time of commitment, and from time to time thereafter, the custody

requirements and program needs of each person committed to the custody of the department and

assign or transfer those persons to appropriate facilities and programs;

     (14) Establish training programs for employees of the department, including the use of an

application system for the department's correctional officer training academy that leverages other

law enforcement entity recruiting and the establishment of any fee associated with such system,

provided that a state application process compliant with § 28-6.3-1 also be provided;

     (15) Investigate grievances and inquire into alleged misconduct within the department;

     (16) Maintain adequate records of persons committed to the custody of the department;

     (17) Establish and maintain programs of research, statistics, and planning, and conduct

studies relating to correctional programs and responsibilities of the department;

     (18) Utilize, as far as practicable, the services and resources of specialized community

agencies and other local community groups in the development of programs, recruitment of

volunteers, and dissemination of information regarding the work and needs of the department;

     (19) Make and enter into any contracts and agreements necessary or incidental to the

performance of the duties and execution of the powers of the department, including, but not limited

to, contracts to render services to committed offenders, and to provide for training or education for

correctional officers and staff, except that no contracts shall be entered into with a private, for-

profit, prison facility or with the United States Immigration and Customs Enforcement (ICE);

     (20) Seek to develop civic interest in the work of the department and educate the public to

the needs and goals of the corrections process;

     (21) Expend annually in the exercise of his or her powers, performance of his or her duties,

and for the necessary operations of the department those sums that may be appropriated by the

general assembly;

     (22) Make and promulgate necessary rules and regulations incident to the exercise of his

or her powers and the performance of his or her duties, including, but not limited to, rules and

regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services,

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communication, and visiting privileges, classification, education, training, employment, care, and

custody for all persons committed to correctional facilities;

     (23) Make and promulgate regulations to provide:

     (a) Written notice to licensed nursing facilities, licensed assisted-living residences, and

housing for the elderly whenever a person seeking to reside in one of these facilities or residences

is being released on parole for any of the following offenses: murder, voluntary manslaughter,

involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree

sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit

specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or

mistreatment of patients, burglary, first degree arson, felony larceny, or robbery;

     (b) A risk assessment process to identify and recommend safety or security measures

necessary for the protection of other residents or clients, including whether the parolee should be

prohibited from residing in any such facility or residence or segregated from other residents or

clients to protect the security and safety of other residents;

     (c) The written notice to licensed nursing facilities, assisted living residences, or housing

for the elderly shall include charge information and disposition about the offense for which the

resident or client has been paroled, contact information for the resident's or client's parole

supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and

security measures. A copy of the written notice shall be provided to the parolee; and

     (d) A process for notifying the appropriate state regulatory agency and the state long-term

care ombudsman whenever notice as required in subsection (23)(a) of this section has been given;

     (24) Notwithstanding the enumeration of the powers of the director as set forth in this

section, and notwithstanding any other provision of the general laws, the validity and enforceability

of the provisions of a collective bargaining agreement shall not be contested, affected, or

diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an

alleged conflict with this section or with any other provision of the general laws.

     SECTION 4. Section 45-2-4 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-4. Power to own property and make contracts.

     Cities and towns may take, purchase, and hold real and personal property, and alienate and

convey the property; and may also take, hold, and manage the property in trust for any charitable,

other than religious, uses, and may make all contracts, including lease or lease-purchase agreements

of real and personal property, necessary and convenient for the transaction of the business of the

city or town, except that no contracts shall be entered into with the U.S. Immigration and Customs

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Enforcement (ICE).

     SECTION 5. Section 45-54-6 of the General Laws in Chapter 45-54 entitled "Municipal

Detention Facility Corporations" is hereby amended to read as follows:

     45-54-6. Powers.

     Except to the extent inconsistent with any specific provision of this chapter, the corporation

has the power:

     (1) To sue and be sued, complain, and defend in its corporate name;

     (2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a

facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly

distinguishable from the seal of any city or town;

     (3) To maintain an office at a place or places that it may designate within the boundaries

of the city or town whose council established the corporation;

     (4) To determine the location and character of any project to be financed under the

provisions of this chapter, not inconsistent with local zoning ordinances;

     (5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible,

or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to

mortgage, lease, or sell any of that property;

     (6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct,

reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects,

including all real, personal, or mixed properties which it may deem necessary in connection with

that, and regardless of whether or not the project or projects shall then be in existence or shall then

be partially or wholly constructed;

     (7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or

private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease

upon the failure of the lessee to comply with any of the obligations of the lease;

     (8) To lease, as lessee, any property, real, personal or mixed, or any interest in property;

     (9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever

it finds an action to be in furtherance of the purposes for which the corporation was established;

     (10) To grant options to purchase any of its projects on whatever terms it may deem

advisable, and to grant options to renew any leases entered into by it in connection with any of its

projects on any terms it may deem advisable;

     (11) To issue bonds of the corporation for the purpose of carrying out any of its purposes,

payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds,

all as provided in this chapter;

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     (12) As security for the payment of the principal and interest on any bonds so issued and

any agreements made in connection with that, to mortgage and pledge any or all of its projects, or

any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and

receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of

the lease or leases;

     (13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and

to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized

by resolution of the corporation;

     (14) To make and enter into all contracts, leases, and other agreements necessary or

incidental to the performance of its duties and the execution of its powers under this chapter;

provided, that those contracts, leases, and other agreements with the federal government or other

federal agency are governed by federal procurement procedures, and other contracts, leases, or

other agreements are governed by the procurement requirements of the municipality, if any; and

provided further, that no contract shall be entered into with a private, for-profit, prison facility or

with the United States Immigration and Customs Enforcement (ICE).

     (15) Without limitation of the preceding, to borrow money from, to receive and accept

grants for or in aid of construction or acquisition of projects authorized under this chapter from,

and to enter into contracts, leases, or other transactions with, the federal government or any federal

agency; and to receive and accept from the state or any municipality, and from any other source,

aid or contributions of money, property, labor, or other things of value; to be held, used, and applied

only for the purposes for which the grants and contributions may be made;

     (16) To combine for financing purposes any two (2) or more projects authorized to be

acquired or constructed under the provisions of this chapter;

     (17) To employ, in its discretion, attorneys, accountants, architectural and engineering

consultants, and other officers, employees, or agents as may be necessary in its judgment, and to

fix their compensation;

     (18) To acquire in the name of the corporation by purchase or otherwise, on terms and

conditions and in the manner that it may deem proper, or by the exercise of the rights of

condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or

rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary

for carrying out the provisions of this chapter; provided, that all public property damaged in

carrying out the powers granted by this chapter is restored or repaired and placed in its original

condition as nearly as practicable;

     (19) To do all other acts and to do any and all things necessary or convenient to carry out

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its purposes and exercise the powers given and granted in this chapter;

     (20) To provide for the care, custody, control and transportation of all detainees or inmates

committed to detention or incarceration at any project and to take all necessary steps to maintain

security, safety and order, to prevent escapes from any project, to take all necessary precautions to

prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but

not limited to, the development, planning and coordination of emergency riot procedures, and take

suitable measures for the restoration of order;

     (21) To establish and enforce standards for each project;

     (22) To establish and fund training and education programs for employees, under the

direction of the warden, the curriculum for which to be approved annually by the police officers'

commission on standards and training, and to hire, promote, transfer, assign, and retain employees

for the operation of each project and suspend, demote, discharge, or take other necessary

disciplinary action with regard to such employees;

     (23) To determine the methods, means, and personnel by which the operation of each

project is to be conducted;

     (24) To relieve employees of duty because of lack of work or for other legitimate reasons;

     (25) To investigate grievances of its employees and to inquire into alleged misconduct by

employees;

     (26) To make and promulgate necessary rules and regulations incident to the corporation's

exercise of its powers and the performance of the corporation's duties, including, but not limited

to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious

services, communication and visiting privileges, classification, education, training, employment,

care, and custody for all persons detained at any project; and

     (27) To delegate any or all of the above referenced powers to its duly designated agents,

servants, consultants or employees at its discretion, who being so designated may exercise said

power(s) on behalf of the corporation.

     SECTION 6. 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

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     This act would prohibit contracts with private, for-profit, prison facilities or with the U.S.

Immigration and Customs Enforcement (ICE).

     This act would take effect upon passage.

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LC001875

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