Chapter 340

2003 -- S 0395 SUBSTITUTE A

Enacted 07/17/03

AN ACT

RELATING TO STATE AFFAIRS AND GOVERNMENT - GOVERNOR'S COMMISSION ON DISABILITIES

Introduced By: Senators Lanzi, Connors, Tassoni, Gallo, and F Caprio

Date Introduced: February 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-51-6 of the General Laws in Chapter 42-51 entitled "Governor's

Commission on Disabilities" is hereby amended to read as follows:

42-51-6. Duties. -- It shall be the duty of the commission to work in cooperation with the

national council on disability and other interested federal, state, and local agencies, organizations,

and employers in:

      (1) Promoting on behalf of the people with disabilities and assuring, on behalf of the

state, that people with disabilities are afforded the opportunities to exercise all of the rights and

responsibilities accorded to citizens of this state;

      (2) Arousing community interest in the concerns of people with disabilities through the

utilization of whatever community and state resources the commission may deem necessary to

accomplish the maximum in independent living and human development;

      (3) Coordinating compliance with federal and state laws protecting the rights of

individuals with disabilities by state agencies; and

      (4) Providing technical assistance to public and private agencies, businesses, and citizens

in complying with federal and state laws protecting the rights of individuals with disabilities. ;

and

(5) From time to time, but not less than once a year, to report to the legislature and the

governor, describing the investigations, proceedings, and hearings the commission has conducted

and their outcome, the decisions it has rendered, and the other work performed by it, and make

recommendations for further legislation concerning abuses and discrimination based on disability

that may be desirable.

     SECTION 2. Chapter 42-51 of the General Laws entitled "Governor's Commission on

Disabilities" is hereby amended by adding thereto the following sections:

42-51-6.1. Hearing boards. – (1) The commission's chairperson shall appoint five (5)

commissioners as the hearing board for the purpose of conducting hearings and rendering

decisions on matters relating to the provisions of chapter 87 of title 42 and sections 37-8-15.1 and

42-46-13 within the jurisdiction of the commission.

(2) Three (3) commissioners shall constitute a quorum of a hearing board.

(3) The hearing board is empowered to:

(i) Receive, investigate, and act upon charges of unlawful practices within its jurisdiction;

and

(ii) In connection with any investigation or hearing held on any matter within its

jurisdiction to hold hearings, administer oaths, take the testimony of any person under oath, and

to require the production for examination of any books and papers relating to any matter under

investigation or in question before the hearing board.

42-51-6.2. Committees and mediation teams. – (1) The commission is authorized to

create advisory committees and mediation teams to perform tasks within the jurisdiction of the

commission.

(2) The commission may itself, or it may empower these committees and mediation

teams to:

(i) Study the concerns of people with disabilities in reaching the maximum in

independent living and human development and exercising all of the rights and responsibilities

accorded to citizens of this state;

(ii) Arouse community interest in the concerns of people with disabilities;

(iii) Foster through community effort or otherwise good will among the groups and

elements of the population of the state towards people with disabilities; and

(iv) Attempt by informal methods of conference, persuasion, and conciliation, to induce

compliance with matters within the jurisdiction of the commission.

(3) The committees and teams may make recommendations to the commission for the

development of policies and procedures in general.

(4) Advisory committees and mediation teams created by the commission shall be

composed of representative citizens serving without pay, but with reimbursement for actual and

necessary traveling expenses.

(5) Three (3) members of a committee constitutes a quorum for the purpose of conducting

the business of that committee.

     SECTION 3. This act shall take effect upon passage.     

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LC01589/SUB A

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