Chapter
016
2006 -- H 6751 AS AMENDED
Enacted 03/31/06
A N A C T
RELATING TO
SEPARATION OF POWERS
Introduced By: Representatives E Coderre, Crowley, Kilmartin, Davey, and Gallison
Date Introduced: January
10, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 5-71-4 and 5-71-5 of the General Laws in Chapter 5-71 entitled
"Interpreters
for the Deaf" are hereby amended to read as follows:
5-71-4.
Board of examiners -- Creation -- Compensation -- Appointment, terms and
qualifications
of members. -- (a) There shall exists
exist within the state department of health a
board of
examiners of interpreters for the deaf. The board shall consist of nine (9)
persons who
shall be
residents of the state of Rhode Island for at least two (2) years prior to
their
appointments:
two (2) nationally certified interpreters, one screened interpreter, one
interpreter
eligible
under section 5-71-12, three (3) consumers, one special license holder and one
consumer
of
specialized communication modalities as defined in section 5-71-3. The
certified members
shall
hold certification from the National Registry of Interpreters for the Deaf, and
hold an active
and
valid license in this state, except for the first appointed members who shall
be persons
engaged
in rendering interpreting services for a period of at least five (5) years, and
are qualified
for
license under the provisions of this chapter. The screened member shall hold
valid screening
from a recognized
state-screening, and shall hold an active and valid license in this state,
except
for the
first appointed member who shall be a person who has been engaged in rendering
interpreting
services for a period of at least five (5) years, and is qualified for license
under the
provisions
of this chapter. The special licensed member shall have expertise in one of the
communication
modalities defined in section 5-71-3(7), or another specialized communication
modality.
(b) The first board and all future members shall be appointed in the following
manner:
(1) The speaker of the house shall appoint one nationally certified interpreter
member
and
one consumer member upon the advice of deaf consumer organizations such as the
Rhode
Island
Association of the Deaf;
(2) The president of the senate shall appoint one nationally certified
interpreter member,
one
consumer member upon the advice of deaf consumer organizations, and one parent
of a deaf
or
hard of hearing child;
(3) The house minority leader shall appoint the grandparent interpreter
eligible under
section
5-71-12; and
(4) The governor shall appoint the screened interpreter member, one special
license
holder,
and one consumer of specialized communication modalities upon the advice of
organizations
of persons who utilize interpreters for the deaf to facilitate communication.
(c) Initially:
(1) The two (2) nationally certified interpreters and the consumer of
specialized
communication
modalities members of the board shall serve for a term of one year;
(2) The screened interpreter member, and the consumer members appointed by the
speaker
and the president of the senate shall serve for a term of two (2) years; and
(3) The grandparent interpreter member, the parent member, and the special
license
holder
member shall serve for a term of three (3) years.
(d)(b) All appointments made after this shall be for the term
under this section after the
effective
date of this act shall be made by the governor with the advice and consent of
the senate.
All
members shall serve terms of three
(3) years. Members shall serve until the expiration of the
term for
which they have been appointed or until their successor is appointed. No person
shall be
appointed
to serve more than two (2) consecutive terms. When a vacancy upon the board
occurs,
a
replacement shall be appointed for the remainder of that term as prescribed in
this section.
(e)(c) The board shall reorganize annually during the month of
December and shall elect
a
chairperson and vice chairperson for the subsequent calendar year. The board
may elect from
among
its members such other officer as it deems necessary.
(f)(d) Five (5) members of the board shall constitute a quorum to
do business. A majority
vote
of those present shall be required for action.
(g) The director of the department of health, with the approval of the
governor, may
remove
any member of the board for dishonorable conduct, incompetence, or neglect of
duty.
(e)
Members of the board shall be removable by the governor pursuant to the
provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
5-71-5.
Board of examiners -- Duties and powers -- Meetings -- Compensation of
members.
-- (a) The board shall
administer, coordinate and enforce the provisions of this chapter,
evaluate
the qualifications of applicants, and may issue subpoenas, examine witnesses,
and
administer
oaths, and investigate persons engaging in practices which violate the
provisions of
this
chapter.
(b) The board shall conduct hearings and shall keep records and minutes that
are
necessary
for the orderly dispatch of business.
(c) The board shall hold public hearings regarding rules and regulations.
(d) The board, with the approval of the director of the department of health,
in
accordance
with the rule-making provisions of the Administrative Procedures Act, chapter
35 of
title
42, shall adopt responsible rules and regulations, and may amend or repeal
those rules and
regulations.
Following their adoption, the rules and regulations shall govern and control
the
professional
conduct of every person who holds a license to practice interpreting or
transliterating
for the
deaf in the state of Rhode Island. Rules and regulations shall be kept on file
within the
department
of health, division of licensure and regulation, and shall be available for
public
inspection.
(e) The examination instrument used for testing shall not be available for
public
inspection
and may be changed as the board deems necessary.
(f) Every licensed interpreter for the deaf, upon commencing to practice, shall
immediately
notify the board of his or her address or addresses. Every licensed interpreter
for the
deaf
practicing as previously stated, before July first, shall annually pay to the
department of
health a
license fee which does not exceed thirty-seven dollars and fifty cents ($37.50)
commencing
in January, 1998. Each licensed interpreter for the deaf shall promptly notify
the
board of
any change in his or her office address or addresses, and shall furnish any
other
information
to the board that it may require. The board may suspend the authority of any
licensed
interpreter
for the deaf to practice for failure to comply with any of the above
requirements. The
board
shall make available for public inspection, a complete list of the names of all
interpreters
for the
deaf licensed and practicing in the state, arranged alphabetically by name.
(g) Regular meetings of the board shall be held at the time and places that it
prescribes
and
special meetings may be held upon the call of the chairperson as necessary to
deal with such
issues
as violations of this chapter; provided, that at least one regular meeting is
held each
calendar
year.
(h) The board shall have its first meeting on or before December 31, 1996, and
shall
have its
rules and regulations, and written examination adopted no later than December
31, 1997.
Licensure
and examinations shall commence after January 1, 1998.
(i) The conferral or enumeration of specific powers in this chapter shall not
be construed
as a
limitation of the general powers conferred by the section. No member of the
board shall be
liable
to civil action for any act performed in good faith in the performance of his
or her duties as
prescribed
by this chapter.
(j) Board members shall serve on an honorable basis without compensation.
(k) The board may request legal advice and assistance from the appropriate
legal officer.
(l)
The board shall conduct a training course for newly appointed and qualified
members
within
six (6) months of their appointment. The course shall be developed and
conducted by the
chair
of the commission, approved by the commission, and shall include instruction in
the subject
areas
of this chapter, and chapters 42-46, 36-14, and 38-2, and the commission's
rules and
regulations.
The director of the department of administration shall, within ninety (90) days
of the
effective
date of this act, prepare and disseminate training materials relating to the
provisions of
chapters
42-46, 36-14, and 38-2.
(m)
Within ninety (90) days after the end of each fiscal year, the board shall
approve and
submit
an annual report to the governor, the speaker of the house of representatives,
the president
of
the senate, and the secretary of state of its activities during that fiscal
year. The report shall
provide:
an operating statement summarizing meetings or hearings held, including meeting
minutes,
subjects addressed, decisions rendered, licenses considered and their
dispositions, rules
or
regulations promulgated, studies conducted, policies and plans developed,
approved or
modified,
and programs administered or initiated; a consolidated financial statement of
all funds
received
and expended including the source of the funds, a listing of any staff
supported by these
funds,
and a summary of any clerical, administrative or technical support received; a
summary of
performance
during the previous fiscal year including accomplishments, shortcomings and
remedies;
a synopsis of hearings, complaints, suspensions or other legal matters related
to the
authority
of the board; a summary of any training courses held pursuant to the provisions
of
subdivision
5-71-5(1); a briefing on anticipated activities in the upcoming fiscal year;
and
findings
and recommendations for improvements. The report shall be posted electronically
on the
general
assembly and the secretary of state's websites as prescribed in section
42-20-8.2. The
director
of the department of administration shall be responsible for the enforcement of
this
provision.
SECTION
2. Sections 29-3.1-2.2, 29-3.1-3.1 and 29-3.1-4.1 of the General Laws in
Chapter
29-3.1 entitled "Office of State Library and Information Services"
are hereby amended to
read as
follows:
29-3.1-2.2.
Library board of Rhode Island established. -- (a) There is hereby
created
the
library board of Rhode Island, sometimes hereinafter referred to as the
"library board". The
library
board shall be protected from sudden changes in membership and reversal of
policy by
having
staggered terms for its public members, and is hereby made successor to all
powers,
rights,
duties, and privileges pertaining to public library services and interlibrary
cooperation and
resource
sharing.
(b) (1) The library board consists of seventeen (17) members. The
governor shall appoint
fifteen
(15) members, shall consist of
fifteen (15) members appointed by the governor, with the
advice
and consent of the senate, five (5)
of whom shall be representative of general library users.
The
remainder of the governor's appointments shall be representative of the
following:
(i) Users of the talking books plus, economically disadvantaged, and corporate
or special
librarians;
school library media specialists;
(ii) Librarians serving people who are institutionalized;
(iii) Public library trustees and statewide library advocacy group; and
(iv) Librarians from small public libraries, librarians from large or medium
public
libraries,
and academic librarians.
(2) (c) The chair of the senate finance committee or a
designee and the chair of the house
finance
committee or a designee shall also serve on the library board. The commissioner for
elementary
and secondary education or a designee and the commissioner for higher education
or a
designee
shall serve as nonvoting ex officio members. The governor shall appoint from
the
library
board's public members a chairperson. The board may elect from among its
members such
other
officers as it deems necessary.
(3) (d) Board members shall receive no compensation for their
services but shall be
allowed
travel expenses related to attendance at board meetings.
(e)
No person shall be eligible for appointment to the board unless he or she is a
resident
of
this state.
(f)
Members of the board shall be removable by the governor pursuant to the
provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
29-3.1-3.1.
Appointment of members of the library board. -- (a) The governor shall,
with the
advice and consent of the senate, appoint the members of the library
board. The governor
shall
establish the library board by appointing four (4) members for terms of three
(3) years, four
(4)
members for terms of two (2) years, and three (3) members for terms of one
year. The initial
appointments
to the library board shall become effective without senate confirmation until
the
senate
next convenes. In 1990, terms shall commence with the date of appointment and
expire on
the
31st day of December thereafter corresponding with the number of years of the
term to which
appointed.
With respect to the new appointments, the term of the corporate or special
librarian
shall
expire December 31, 1995; and the three (3) new general library user
appointments shall
expire
December 31, 1994, December 31, 1995, and December 31, 1996, respectively.
Thereafter,
appointments Appointments shall be made for terms of three
(3) years commencing on January
1st in
the year of appointment and ending on December 31st in the third year
thereafter.
(b) A member shall serve until a successor is appointed and qualified. Any
vacancy
among
the public members of the board shall be filled by appointment of the governor
for the
remainder
of the unexpired term. Public members shall not be appointed for more than two
(2)
successive
three-year terms. Legislative members of the board shall serve during their
legislative
terms.
29-3.1-4.1.
Powers and duties of library board. -- (a) The library board shall
communicate
with and seek the advice of the chief information officer and all those
concerned
with and
affected by its determinations as a regular procedure in arriving at its
conclusions and in
setting
policy. The library board, however, shall not engage in the operation or
administration of
any
library.
(b) The library board shall have the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and
an
analysis
addressed to every aspect of public library development and interlibrary
cooperation and
resource
sharing in this state, especially as that information relates to current and
future library
and
information service needs, so that current needs may be met with reasonable
promptness and
plans
formulated to meet future needs as they arise in the most efficient and
economical manner
possible;
(2) To approve a master plan defining broad goals and objectives for public
library
development
and interlibrary cooperation and resource sharing in the state. These goals and
objectives
shall be expressed in terms of the library and information services to which
individuals
will
have access. The library board shall continually evaluate the efforts and
results of the library
and
information services in the light of these objectives;
(3) To approve board policy to implement the goals and objectives established
and
adopted
by the library board from time to time; and to adopt and require enforcement of
standards
and
regulations for public library services and interlibrary cooperation and
resource sharing;
(4) To determine priorities of expenditures of state revenues and other public
resources
made
available for the support of public library development and interlibrary
cooperation and
resource
sharing purposes; provided that nothing contained in this subsection shall
authorize the
library
board to alter the allocation of grants or aid otherwise provided by law;
(5) To approve annually the program for the use of federal funds submitted to
the United
States
department of education;
(6) To establish such committees as necessary or desirable for the conduct of
any or all
aspects
of public library development and interlibrary cooperation and resource
sharing, and to
determine
all powers and functions as well as composition of committees established and
to
dissolve
the committees when their purpose shall have been fulfilled; provided that
nothing
contained
in this paragraph shall be construed to grant the library board the power to
establish
subcommittees
performing the duties and functions of local boards of trustees;
(7) To exercise the following functions, powers, and duties:
(i) To be responsible for the distribution of state aid funds for public
library development
and
interlibrary cooperation and resource sharing;
(ii) To approve standards and regulations for public library development and
interlibrary
cooperation
and resource sharing;
(iii) To enforce the provisions of all laws relating to public library services
and
interlibrary
cooperation and resource sharing; and
(iv) To decide and determine appeals from decisions relating to libraries of
the chief
information
officer;
(8) To exercise all other powers with relation to the field of public library
development
and
interlibrary cooperation and resource sharing within this state not
specifically granted to any
other
department, board, or agency, and not incompatible with law, which the library
board may
deem
advisable;
(9) To otherwise promote maximum efficiency and economy in the delivery of
public
library
services and interlibrary cooperation and resource sharing in the state; and
(10) To submit to the governor and general assembly an annual progress
report on the
condition
of public library services and interlibrary cooperation and resource sharing. within
ninety
(90) days after the end of each fiscal year, an annual report to the governor,
the speaker of
the
house of representatives, the president of the senate, and the secretary of
state of its activities
during
that fiscal year. The report shall provide: an operating statement summarizing
meetings or
hearings
held, and meeting minutes subjects addressed, decisions rendered, rules or
regulations
promulgated,
studies conducted, policies and plans developed, approved or modified, and
programs
administered or initiated; a consolidated financial statement of all funds
received and
expended
including the source of the funds, a listing of any staff supported by these
funds and a
summary
of any clerical, administrative or technical support received; a summary of
performance
during
the previous fiscal year including accomplishments, shortcomings and remedies;
a
synopsis
of hearings, complaints, suspensions or other legal matters related to
authority of the
council;
a summary of any training courses held pursuant to the provisions of chapter
29-3.1; a
briefing
on anticipated activities in the upcoming fiscal year; and findings and
recommendations
for
improvements. The report shall be posted electronically on the general assembly
and secretary
of
state's websites as prescribed in section 42-20-8.2. The director of the
department of
administration
shall be responsible for the enforcement of the provisions of this subsection.
(11)
To conduct a training course for newly appointed and qualified members within
six
(6)
months of their qualification or designation. The course shall be developed by
the chair of the
board,
approved by the board, and conducted by the chair of the board. The board may
approve
the
use of any board or staff members or other individuals to assist with training.
The training
course
shall include instruction in the following areas: the provisions of chapters
42-46, 36-14,
and
38-2; and the board's rules and regulations. The director of the department of
administration
shall,
within ninety (90) days of the effective date of this act, prepare and
disseminate training
materials
relating to the provisions of chapters 42-46, 36-14 and 38-2.
SECTION
3. Section 23-28.2-23 of the General Laws in Chapter 23-28.2 entitled
"Division
of Fire Safety" is hereby amended to read as follows:
23-28.2-23.
Fire education and training coordinating board. -- (a) There is hereby
created
within the division of fire safety a fire education and training coordinating
board.
comprised
of thirteen (13) members appointed by the governor with the advice and consent
of the
senate. The governor shall appoint one representative from
each of the following groups to serve
on
the board: In making said
appointments, the governor shall give due consideration to
including
in the board's membership representatives of the following groups:
(1) Chiefs of fire departments with predominately fully paid personnel, defined
as
departments
in which the vast majority of members are full-time, salaried personnel.
(2) Chiefs of fire departments with part paid/combination personnel, defined as
departments
in which members consist of both full-time salaried personnel and a large
percentage
of
volunteer or call personnel.
(3) Chiefs of fire departments with predominately volunteer personnel, defined
as
departments
in which the vast majority of members respond voluntarily and receive little or
no
compensation.
(4) Rhode Island firefighters' instructor's association.
(5) Rhode Island department of environmental management.
(6) Rhode Island fire safety association.
(7) Rhode Island state firefighter's league.
(b) The governor shall also appoint three (3) members from the Rhode Island
association
of
fire fighters and two (2) members from regional firefighter's leagues.
(8)
Rhode Island association of firefighters.
(9)
Regional firefighters leagues.
(c) The president of the senate and the speaker of the house shall each
appoint one
member.
(d)(b) The state fire marshal and the chief of training and education
shall serve as ex-
officio
members.
(e)(c) Members shall be appointed for terms of three (3)
years, except that the terms of
the
first appointments shall be one year for approximately one-third ( 1/3) of the
members, two
(2)
years for approximately one-third ( 1/3) of the members, and three (3) years
for approximately
one-third
( 1/3) of the members. The governor shall determine which members will fall
into the
one,
two (2), and three (3) categories when making initial appointments. Members of the board as
of
the effective date of this act shall continue to serve for the balance of their
current terms.
Thereafter,
members shall be appointed to three (3) year terms. No person shall serve more than
two (2)
consecutive terms, except that service on the board for a term of less than two
(2) years
resulting
from an initial appointment or an appointment for the remainder of an unexpired
term
shall
not constitute a full term.
(d)
Members shall hold office until a successor is appointed, and no member shall
serve
beyond
the time he or she ceases to hold office or employment by reason of which he or
she was
eligible
for appointment.
(e)
All gubernatorial appointments made after the effective date of this act shall
be
subject
to the advice and consent of the senate. No person shall be eligible for
appointment to the
board
after the effective date of this act unless he or she is a resident of this
state.
(f)
Members shall serve without compensation, but shall receive travel expenses in
the
same
amount per mile approved for state employees.
(g) The commission board shall meet at the call of the
chairperson or upon written
petition
of a majority of the members, but not less than six (6) times per year.
(h) Staff support to the commission board beyond that which can
be provided by the
state
fire marshal shall be provided by the governor's justice commission.
(i) The board shall:
(1) Establish bylaws to govern operational procedures not addressed by legislation.
(2) Elect a chairperson and vice-chairperson of the board in accordance with
bylaws to
be
established by the board.
(3) Develop and offer training programs for fire fighters and fire officers
based on
applicable
NFPA standards used to produce training and education courses.
(4) Develop and offer state certification programs for instructors based on
NFPA
standards.
(5) Monitor and evaluate all programs to determine their effectiveness.
(6) Establish a fee structure in an amount necessary to cover costs of
implementing the
programs.
(7)
Within ninety (90) days after the end of each fiscal year, approve and submit
an
annual
report to the governor, the speaker of the house of representatives, the
president of the
senate,
and the secretary of state of its activities during that fiscal year. The
report shall provide:
an
operating statement summarizing meetings or hearing held, including meeting
minutes,
subjects
addressed, decisions rendered, rules or regulations promulgated, studies
conducted,
policies
and plans developed, approved or modified and programs administered or
initiated; a
consolidated
financial statement of all funds received and expended including the source of
the
funds,
a listing of any staff supported by these funds, and a summary of any clerical,
administrative
or technical support received; a summary of performance during the previous
fiscal
year including accomplishments, shortcomings and remedies; a synopsis of hearings,
complaints,
suspensions, or other legal matters related to the authority of the council; a
summary
of
any training courses held pursuant to the provisions of this section; a
briefing on anticipated
activities
in the upcoming fiscal year and findings and recommendations for improvements.
The
report
shall be posted electronically on the general assembly and secretary of state's
websites as
prescribed
in section 42-20-8.2. The director of the department of administration shall be
responsible
for the enforcement of the provisions of this subsection.
(8)
Conduct a training course for newly appointed and qualified members within six
(6)
months
of their qualification or designation. The course shall be developed by the
chair of the
board,
approved by the board, and conducted by the chair of the board. The board may
approve
the
use of any board or staff members or other individuals to assist with training.
The training
course
shall include instruction in the following areas: the provisions of chapters
42-46, 36-14,
and
38-2; and the commission's rules and regulations. The director of the
department of
administration
shall, within ninety (90) days of the effective date of this act, prepare and
disseminate
training materials relating to the provisions of chapters 42-46, 36-14, and
38-2.
(j) In addition to any sums appropriated for the operation of the fire
education and
training
unit within the division of fire safety there is hereby appropriated an additional
sum of
forty-two
thousand five hundred dollars ($42,500).
(k) (j) In an effort to prevent potential conflicts of interest,
any fire education and
training
coordinating board member shall not simultaneously serve as a paid instructor
and/or
administrator
within the fire education and training unit.
(l) (k) A quorum for conducting all business before the board,
shall be at least seven (7)
members.
(l)
Members of the board shall be removable by the governor pursuant to the provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
SECTION
4. Section 42-73-2 of the General Laws in Chapter 42-73 entitled "Child
Advocate
Office" is hereby amended to read as follows:
42-73-2.
Appointment and term. -- The governor, with the advice and consent of
the
senate,
shall appoint a member of the bar of this state who has been admitted to
practice law for at
least
three (3) years to fill the office of the child advocate, who shall be a person
qualified by
training
and experience to perform the duties of the office as set forth in section
42-73-7. The
appointment
shall be made from a list of at least three (3) persons prepared and submitted
by a
committee
consisting of two (2) attorneys appointed by the Rhode Island bar association;
two (2)
judges
of the family court appointed by the chief judge; one medical doctor appointed
by the
Rhode
Island medical society; one psychologist appointed by the Rhode Island
psychological
association;
a house member appointed by the speaker; a senate member appointed by the
president
of the senate; one social worker
appointed by the Rhode Island alliance of social service
employees;
one person appointed as a representative of private children's agencies by the
governor;
one person representing the general public appointed by the governor; and one
person
appointed
by the director of the department of human services. Six (6) members of the
committee
shall
constitute a quorum. No one shall be eligible for appointment unless he or she
is a resident
of
this state. The board shall elect from among the members a chair and a
vice-chair. The person
appointed
child advocate shall hold office for a term of five (5) years and shall
continue to hold
office
until his or her successor is appointed and qualified.
SECTION
5. Section 31-38-15 of the General Laws in Chapter 31-38 entitled
"Inspection
of
Motor Vehicles" is hereby amended to read as follows:
31-38-15.
Motor vehicle inspection commission. -- (a) Within the department of
administration
there shall be a motor vehicle inspection commission, referred to in this
chapter as
the
"commission", which shall function as a unit in the department. The
commission shall consist
of seven
(7) members who shall be appointed by the governor, with the advice and
consent of the
senate.
In making said appointments, the governor shall give due consideration to
including in
the
commission's membership one or more garage keeper(s) and/or inspection station
owner(s).
(1) Four (4) of whom shall be appointed by the governor, one of whom shall be a
certified
motor vehicle inspection station operator two (2) of whom shall be from the
general
public
and one of whom shall be from the department of health.
(2)
One of whom shall be a member of the senate appointed by the president of the
senate;
and
(3) Two (2) of whom shall be members of the house of representatives, one of
whom
shall
be from the majority and one of whom shall be from the minority, appointed by
the speaker.
Of
the commission membership named to be appointed in this section, one shall be
the
chairperson of the joint committee on highway safety who shall also serve as
chairperson of
the
motor vehicle inspection commission. The
tenure of all members of the commission as of the
effective
date of this act shall expire on the effective date of this act, and the
governor shall
nominate
seven (7) new members as follows:
(A)
The governor shall appoint seven (7) members of the commission; three (3) of
whom
shall
serve initial terms of three (3) years; two (2) of whom shall serve an initial
term of two (2)
years;
and two (2) of whom shall serve an initial term of one year.
(B)
Thereafter, all members of the commission shall be appointed to serve three (3)
year
terms.
(c)
The governor shall designate one member of the commission to serve as
chairperson.
The
commission may elect from among its members such other officers as they deem
necessary.
(d)
No person shall be eligible for appointment to the commission after the
effective date
of
this act unless he or she is a resident of this state.
(e)
Four (4) members of the commission shall constitute a quorum.
(f)
Members of the commission shall be removable by the governor pursuant to the
provisions
of section 36-1-7 of the general laws and for cause only, and removal solely
for
partisan
or personal reasons unrelated to capacity of fitness for the office shall be
unlawful.
(g)
Within ninety (90) days after the end of each fiscal year, the commission shall
approve
and submit an annual report to the governor, the speaker of the house of
representatives,
the
president of the senate, and the secretary of state of its activities during
that fiscal year. The
report
shall provide: an operating statement summarizing meetings or hearings held,
including
meeting
minutes, subjects addressed, decisions rendered, licenses considered and their
disposition,
rules or regulations promulgated, studies conducted, policies and plans
developed,
approved
or modified and programs administered or initiated; a consolidated financial
statement
of
all funds received and expended including the source of the funds, a listing of
any staff
supported
by these funds and a summary of any clerical, administrative or technical
support
received;
a summary of performance during the previous fiscal year including
accomplishments,
shortcomings
and remedies; a synopsis of hearings, complaints, suspensions or other legal
matters
related
to the authority of the commission; a summary of any training courses held
pursuant to the
provisions
of this section; a briefing on anticipated activities in the upcoming fiscal
year; and
findings
and recommendations for improvements. The report shall be posted electronically
on the
general
assembly and secretary of state's websites as prescribed in section 42-20-8.2.
The director
of
the department of administration shall be responsible for the enforcement of
the provisions of
this
subsection.
(h)
To conduct a training course for newly appointed and qualified members within
six
(6)
months of their qualification or designation. The course shall be developed by
the chair of the
commission,
approved by the commission, and conducted by the chair of the commission. The
commission
may approve the use of any commission or staff members or other individuals to
assist
with training. The training course shall include instruction in the following
areas: the
provisions
of chapters 42-46, 36-14, and 38-2; and the commission's rules and regulations.
The
director
of the department of administration shall, within ninety (90) days of the
effective date of
this
act, prepare and disseminate training material relating to the provisions of
chapters 42-46, 36-
14, and
38-2.
SECTION
6. Sections 30-31-2 and 30-31-4 of the General Laws in Chapter 30-31
entitled
"Medal of Honor Recipients" are hereby amended to read as follows:
30-31-2.
Creation of committee -- Members -- Vacancies. -- (a) There is hereby
created
a permanent committee on Rhode Island medal of honor recipients to consist of
nine (9)
members,
three (3) of whom shall be from the house of representatives to be appointed by
the
speaker
of the house of representatives, not more than two (2) of whom shall be from
the same
political
party; three (3) of whom shall be from the senate to be appointed by the
president of the
senate,
not more than two (2) of whom shall be from the same political party; and three
(3) of
whom
shall be members of the general
public with knowledge of veterans' affairs to be appointed
by the
governor. with the advice and consent of the senate; provided,
however, that:
(i)
Those members of the committee as of the effective date of this act who were
appointed
to the committee by members of the general assembly shall cease to be members
of the
committee
on the effective date of this act and the governor shall nominate six (6) new
members,
each
of whom shall serve for the balance of the current term of his or her
predecessor.
(ii)
Those members of the committee as of the effective date of this act who were
appointed
to the committee by the governor shall continue to serve for the duration of
their
current
terms.
(b) No person shall be eligible for appointment to the committee unless he
or she is a
resident
of this state. Vacancies shall be
filled in like manner as the original appointments. The
legislative
members of the committee shall serve so long as they shall remain members of
the
house
from which they were appointed and until their successors are duly appointed
and
qualified. Members shall serve until their successors are
appointed and qualified. The members of
the
committee shall be eligible to succeed themselves.
(c)
No person shall be eligible for appointment to the committee after the
effective date
of
this act unless he or she is a resident of this state.
(d) Members of the committee shall be removable by the governor pursuant to the
provisions
of section 36-1-7 of the general laws and for cause only, and removal solely
for
partisan
or personal reasons unrelated to capacity or fitness for the office shall be
unlawful.
30-31-4.
Duties. – (a) It shall be the duty of the committee to
coordinate the activities of
veterans'
organizations and other parties interested in veterans' affairs in order to
decide upon a
suitable
monument or monuments to be placed on the site described in section 30-31-1(3).
The
committee
is hereby empowered to determine the type of monument or monuments to be placed
on that
site and it shall be the exclusive responsibility of the committee to arrange
for the placing
of a
monument or monuments and to maintain the grounds surrounding the monument.
(b)
Within ninety (90) days after the end of each fiscal year, the committee shall
approve
and
submit an annual report to the governor, the speaker of the house of
representatives, the
president
of the senate, and the secretary of state of its activities during that fiscal
year. The report
shall
provide: an operating statement summarizing meetings or hearings held,
including meeting
minutes,
subjects addressed, decisions rendered, rules or regulations promulgated,
studies
conducted,
policies and plans developed, approved or modified, and programs administered
or
initiated;
a consolidated financial statement of all funds received and expended including
the
source
of the funds, a listing of any staff supported by these funds and a summary of
any clerical,
administrative
or technical support received; a summary of performance during the previous
fiscal
year including accomplishments, shortcomings and remedies; a summary of any
training
courses
held pursuant to the provisions of this section; a briefing on anticipated
activities in the
upcoming
fiscal year; and findings and recommendations for improvements. The report
shall be
posted
electronically on the general assembly and secretary of state's website as
prescribed in
section
42-20-8.2. The director of the department of administration shall be
responsible for the
enforcement
of the provisions of this subsection.
(c)
The committee shall conduct a training course for newly appointed and qualified
members
within six (6) months of their qualification or designation. The course shall
be
developed
by the chair of the committee, approved by the committee, and conducted by the
chair
of
the committee. The committee may approve the use of any committee or staff
members or
other
individuals to assist with training. The training course shall include
instruction in the
following
areas: the provisions of chapters 42-46, 36-14, and 38-2; and the committee's
rules and
regulations.
The director of the department of administration shall, within ninety (90) days
of the
effective
date of this act, prepare and disseminate training materials relating to the
provisions of
chapters
42-46, 36-14, and 38-2.
SECTION
7. Sections 16-61-3, 16-61-4, 16-61-6 and 16-61-12 of the General Laws in
Chapter
16-61 entitled "Rhode Island Public Telecommunications Authority" are
hereby amended
to read
as follows:
16-61-3.
Membership of authority. – (a) The authority shall consist of
nine (9)
members
as follows: five (5) seven (7) public members appointed pursuant
to the terms of section
16-61-4,
the chairperson of the board of regents for elementary and secondary education
or his or
her
designee who shall serve as a non-voting ex-officio member, and
the chairperson of the board
of
governors for higher education or his or her designee who shall serve as a
non-voting ex-
officio
member., the chairperson of the
senate finance committee or his or her designee, and the
chairperson
of the house finance committee or his or her designee. The governor shall designate
one of
the public members as chairperson of the authority.
(b)
Four (4) voting members of the committee shall constitute a quorum. A majority
vote
of
those present and voting shall be required for action.
(c)
No one shall be eligible for appointment unless he or she is a resident of this
state.
16-61-4.
Appointment of public members -- Compensation. -- Appointment
of public
members
-- Renewal. -- (a) The governor
shall with the advice and consent of the senate
establish
the authority by appointing five (5) seven (7) members to serve
staggered terms. The
appointments
shall be made for terms of three (3) years commencing on February lst in the
year
of
appointment and ending on January 31st in the third (3rd) year after this. Any
vacancy among
the
public members of the authority shall be filled by appointment of the governor,
subject to the
advice
and consent of the senate, for the
remainder of the unexpired term. In the selection and
appointment
of members of the authority, the governor shall seek persons who best serve the
entire
needs of the state. Public members shall not be appointed for more than two (2)
successive
three
(3) year terms each; provided, that this limitation shall not apply to that
person designated
as
chairperson by the governor who may be a member so long as he or she shall
serve as
chairperson.
The authority may elect from among its members such other officers as they
deem
necessary.
(b)
The public members of the authority shall not be compensated for service in
attending
meetings
or duly organized subcommittee meetings of the authority at which business is
transacted.
(c)
The senate and house finance chairpersons shall receive no compensation for
their
services
but shall be allowed their travel and necessary expenses.
(b)
Members of the board shall be removable by the governor pursuant to the
provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
16-61-6.
Powers and duties of authority. -- (a) The authority shall be empowered
to:
(1) Adopt and amend and repeal suitable bylaws for the management of its
affairs;
(2) Adopt and use the official seal and alter it at its pleasure;
(3) Maintain an office at any place or places within the state that it may
designate;
(4) Establish, own, and operate noncommercial educational television or radio
broadcasting
stations, one or more public broadcasting and public broadcasting
telecommunications
networks or systems, and interconnection and program production facilities;
(5) Apply for, receive, and hold any authorizations and licenses and
assignments and
reassignments
of channels from the federal communications commission (FCC) as may be
necessary
to conduct its operations; and prepare and file and prosecute before the FCC
all
applications,
reports, or other documents or requests for authorization of any type necessary
or
appropriate
to achieve the authorized purposes of the authority;
(6) Provide coordination and information on matters relating to public broadcasting
telecommunications
among the agencies of the state government, all facets of Rhode Island
public
education and individual associations, and institutions working in these fields
both within
and
without the state;
(7) Establish state wide equipment compatibility policies and determine the
method of
interconnection
to be employed within the state's public broadcasting system;
(8) Assume responsibility for establishing broad programming philosophy which
will
encourage
diversity, quality, and excellence of programming which is released via its
facilities.
The
general manager shall be responsible for implementing programming policy in
accordance
with the
rules and regulations of the federal communications commission;
(9) Provide appropriate advisory assistance to other agencies of the state and
local and
regional
groups regarding public broadcasting techniques, planning, budgeting, and
related
issues;
(10) Make to the governor and the legislature any recommendations that the authority
deems
necessary with regard to appropriations relating to public broadcasting and
public
broadcasting
telecommunications equipment and facilities;
(11) Subject to the approval of the governor, receive and administer gifts,
contributions,
and
funds from public and private sources to be expended for public broadcasting
and public
broadcasting
telecommunications operations, facilities, and programming consistent with
furthering
the purposes of the authority;
(12) Cooperate with federal agencies for the purpose of obtaining matching and
other
federal
funds and providing public broadcasting and public broadcasting
telecommunications
facilities
throughout the state and to make any reports that may be required of the state.
The
authority
shall provide appropriate advisory assistance to local school districts and
others on these
matters;
(13) Contract with program production organizations, individuals, and
noncommercial
educational
television and radio stations within and without the state to produce or to
procure
educational
television or radio programs for use by noncommercial stations within the
state;
(14) Establish and maintain a library and archives of educational television
and radio
programs
and related materials, disseminate information about those programs and make
suitable
arrangements
for the use of the programs and materials by colleges, universities, schools,
and
noncommercial
television and radio stations;
(15) Conduct explorations, research, demonstrations, or training in matters
related to
public
broadcasting and public broadcasting telecommunications in the state, directly
or through
contracts
with appropriate agencies, organizations, or individuals, or by grants to
nonprofit,
noncommercial
organizations such as colleges, universities, schools, and noncommercial
television
and radio stations;
(16) Acquire, subject to the provisions of the general laws, through lease,
purchase, or
other
means, real and other property and to hold and use this property for public
broadcasting and
public
broadcasting telecommunications purposes;
(17) Contract, subject to the provisions of the general laws, for the
construction, repair,
maintenance,
and operations of public broadcasting and public broadcasting
telecommunications
facilities
including program production center, stations, and interconnection facilities;
(18) Make arrangements, where appropriate, with companies or other agencies and
institutions
operating suitable interconnection facilities (e.g., landlines or satellites);
(19) Be empowered to set and collect reasonable fees for services provided
through
contracts
with agencies, companies, organizations, and individuals;
(20) Make reasonable rules and regulations to carry out the provisions of this
chapter.
(21)
To conduct a training course for newly appointed and qualified members within
six
(6)
months of their qualification or designation. The course shall be developed by
the chair of the
authority,
approved by the authority, and conducted by the chair of the authority. The
authority
may
approve the use of any authority or staff members or other individuals to
assist with training.
The
training course shall include instruction in the following areas: the
provisions of chapters 42-
46,
36-14, and 38-2; and the committee's rules and regulations. The director of the
department of
administration
shall, within ninety (90) days of the effective date of this act, prepare and
disseminate
training materials relating to the provisions of chapters 42-46, 36-14, and
38-2.
(b) In carrying out its powers and duties under this section, the authority
shall be
empowered
to enter into contracts or agreements with any nonprofit entity for the
operations in
whole or
in part of the public telecommunications functions assigned to it by this
chapter.
16-61-12.
Annual report. -- The authority shall submit to the general assembly
in
February
of each year a report of its activities for the preceding fiscal year, and the
report shall set
forth
a complete operating and financial statement covering the authority's
operations and the
operations
of any entities created at the direction and/or under the auspices of the
authority during
the
preceding fiscal year. Within ninety
(90) days after the end of each fiscal year, the authority
shall
approve and submit an annual report to the governor, the speaker of the house
of
representatives,
the president of the senate, and secretary of state of its activities during
that fiscal
year.
The report shall provide: an operating statement summarizing meetings or
hearings held,
including
meeting minutes, subjects addressed, decisions rendered, rules or regulations
promulgated,
studies conducted, policies and plans developed, approved or modified, and
programs
administered or initiated; a consolidated financial statement of all funds
received and
expended
including the source of the funds, a listing of any staff supported by these
funds and a
summary
of any clerical, administrative or technical support received; a summary of
performance
during
the previous fiscal year including accomplishments, shortcomings and remedies;
a
synopsis
of hearings, complaints, suspensions or other legal matters related to the
authority; a
summary
of any training courses held pursuant to the provisions of this chapter; a
briefing on
anticipated
activities in the upcoming fiscal year; and findings and recommendations for
improvements. The authority shall cause an audit of its books and
accounts, including the records
pertaining
to any entity created at the direction and/or under the auspices of the
authority, to be
made at
least once each fiscal year by the auditor general. The report shall be
posted
electronically
on the general assembly's and secretary of state's websites as prescribed in
section
42-20-8.2.
The director of the department of administration shall be responsible for the
enforcement
of this provision.
SECTION
8. Severability. If any provision of this act or the application thereof to any
person
to circumstances is held invalid, such invalidity shall not affect other
provisions or
applications
of the act, which can be given effect without the invalid provision or
application, and
to this
end the provisions of this act are declared to be severable.
SECTION
9. This act shall take effect upon passage.
=======
LC00331
=======