Chapter 022

2006 -- S 2141 SUBSTITUTE A AS AMENDED

Enacted 04/20/06

A N A C T

RELATING TO SEPARATION OF POWERS

Introduced By: Senators Sosnowski, Paiva-Weed, Raptakis, Gibbs, and Breene

Date Introduced: January 24, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Sections 2-4-3, 2-4-3.1, 2-4-5 and 2-4-6 of the General Laws in Chapter 2-4

entitled "Soil Conservation" are hereby amended to read as follows:

2-4-3. State conservation committee. -- (a) There is established, within the department

of environmental management to serve as an agency of the state and to perform the functions

conferred upon it by this chapter, the state conservation committee. The following shall serve as

members of the committee: the director of the department of environmental management, or his

or her designee, ~~one conservation district director, or his or her designee, from each conservation~~

~~district, one governor's appointee, one state senator, and one state representative.~~ and four (4)

members of the public appointed by the governor with the advice and consent of the senate. At

least one member shall be appointed from each of the state's conservation districts and, in making

appointments under this section, the governor shall give due consideration to recommendations

made by the state's conservation district directors.

(b) ~~District directors to the state committee or their designees shall be selected for a term~~

~~of three (3) years by the district board of directors at their annual meeting and the state committee~~

~~shall be notified of the results of this election at least thirty (30) days prior to the expiration of the~~

~~term of office. State committee members~~ Members of the committee 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 terms of three (3) years. Members shall hold office until a successor has been

selected. Vacancies shall be filled for any unexpired terms. The selection of successors to fill an

unexpired term or for a full term shall be in the same manner in which the respective state

committee member had been selected.

~~years by the governor, and select and represent those interests within the state not already~~

~~represented, or less fully represented, on the committee.~~

(d) ~~General assembly members of the committee shall be selected every two (2) years.~~

~~The state senator member shall be appointed by the president of the senate. The house of~~

~~representatives member to the committee shall be appointed by the speaker of the house of~~

~~representatives.~~ Gubernatorial appointments made under this section after the effective date of

this act shall be subject to the advice and consent of the senate. All persons appointed to the

committee after the effective date of this act shall be residents of the state.

(e) The committee shall invite the director of the cooperative extension service and

agricultural experiment station, chief of the office of state planning, director of transportation, the

president of the Rhode Island association of conservation districts, the state conservationist of the

USDA soil conservation service, the state executive director of the USDA agricultural

stabilization and conservation service, the chairperson of the water resources board, and the

executive director of the coastal resources management council, and any other agency

representatives necessary to carry out the intent of this chapter to serve as advisors to the state

committee.

(f) The committee shall keep a record of its official actions, and may perform any acts,

hold any public hearings, and promulgate any rules and regulations that may be necessary for the

execution of its functions under this chapter.

(g) The director of the department of environmental management shall direct staff to

support the committee within the constraints of available resources.

2-4-3.1. Rhode Island farm, forest and open space land value subcommittee. -- (a)

There is hereby authorized, created and established the "Rhode Island Farm, Forest, and Open

Space Land Value Subcommittee" (the subcommittee) to recommend the methodology and values

for the assessment of land for property taxation on the basis of current use for farm, forest, and

open space lands, as established by chapter 27 of title 44 and section 44-5-12. The values

recommended by the subcommittee, upon review and approval by the state conservation

committee, shall be made available to local tax assessors and such value shall be the

recommended maximum current use value per acre at which such land classifications can be

assessed.

(b) The subcommittee shall consist of the following twelve (12) members: the chair of

the state conservation committee, or designee; three (3) local tax assessors appointed by the

governor, with the advice and consent of the senate; the director of the department of

administration, or designee, who shall be a subordinate within the department of administration;

the chief of the department of environmental management's division of agriculture, or designee,

who shall be a subordinate within the division who shall serve as a nonvoting ex officio member;

the chief of the department of environmental management's division of forest environment, or

designee, who shall be a subordinate within the division who shall serve as a nonvoting ex officio

member; the dean of the University of Rhode Island's College of Natural Resources, or designee,

who shall be a subordinate within the college who shall serve as a nonvoting ex officio member;

~~two (2) public members who shall be appointed by the speaker of the house, one of whom shall~~

~~be a landowner currently enrolled under the forest land provision of chapter 27 of title 44, each of~~

~~which appointments to be selected from not less than three (3) persons recommended by the~~

~~Rhode Island Agricultural Council; and two (2) public members who shall be appointed by the~~

~~president of the senate at least one of whom shall be a member of a land trust and shall be~~

~~selected from not less than three (3) persons recommended by the state conservation committee.~~

the executive director of the Rhode Island League of cities and towns, or his or her designee, who

shall serve as a nonvoting member of the subcommittee; the chairperson of the Rhode Island

Agricultural Council, or his or her designee, who shall serve as a nonvoting member of the

subcommittee; and two (2) public members appointed by the governor with the advice and

consent of the senate, one of whom shall be a landowner currently enrolled under the forest land

provision of chapter 27 of title 44, one of whom shall be a member of a land trust. Each appointed

member of the subcommittee shall serve for a term of three (3) years, and shall serve until his or

her successor has been appointed and qualified. Any vacancy which may occur in the

subcommittee of the members appointed by the governor shall be filled by the governor for the

remainder of the unexpired term in the same manner as the predecessor as prescribed in this

section. The members of the subcommittee shall be eligible to succeed themselves. No one shall

be eligible for appointment unless he or she is a resident of this state. Those members of the

subcommittee as of the effective date of this act who were appointed by the speaker of the house

and the president of the senate shall cease to be members of the subcommittee on the effective

date of this act, and the governor shall thereupon appoint four (4) members as prescribed in this

section, each of whom shall serve for the balance of the unexpired term of his or her predecessor.

values for farm, forest, and open space land to each tax assessor, through the department of

administration, on or before February 15 of each year in which the subcommittee is required to

determine such figures.

(d) The subcommittee shall abide by the rules governing the state conservation

committee, as provided in section 2-4-5.~~; prior to the adoption of the rules a simple majority of~~

~~the members of the subcommittee, as provided for in subsection (b) of this section, shall be~~

~~necessary for a quorum, which quorum shall by majority vote have the power to conduct business~~

~~in the name of the subcommittee.~~ Five (5) voting members of the subcommittee shall constitute a

quorum. A majority vote of those present shall be required for action.

(e) The subcommittee shall meet at the call of the chair. All meetings shall be held

consistent with chapter 42-46.

(f) The subcommittee shall conduct a training course for newly appointed and qualified

members and new designees of ex officio members within six (6) months of their qualification or

designation. The course shall be developed by the chair of the subcommittee, approved by the

subcommittee and conducted by the chair of the subcommittee. The subcommittee may approve

the use of any subcommittee or staff members or other individuals to assist with training. The

training course shall include instruction in the following areas: chapters 44-27, 44-5, 2-4, 42-46,

36-14 and 38-2; and the subcommittee's rules. 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.

2-4-5. Chairperson of the committee -- Quorum -- Expenses -- Surety bonds --

Records -- Audit. -- The chairperson of the state committee shall be elected annually by the

committee. The committee may elect from among its members such other officers as they deem

necessary. A majority of the committee constitutes a quorum, and all actions of the committee

shall be by a majority vote of the members present and voting at a meeting at which a quorum is

present. The chairperson and members of the committee receive no compensation for their

services on the committee, but are entitled to expenses or per diem, including traveling expenses,

necessarily incurred in the discharge of their duties on the committee. The committee shall

provide for the execution of surety bonds for all employees entrusted with funds or property; shall

provide for the keeping of a full and accurate record of all proceedings and of all resolutions,

regulations, and orders issued or adopted; and shall provide for a periodic audit of the accounts of

receipts and disbursements. Members of the committee and the subcommittee shall be removable

by the governor pursuant to 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.

2-4-6. Powers and duties of committee. -- In addition to the duties and powers

conferred upon the committee, it has the following duties and powers:

(1) To offer any assistance as may be appropriate to the directors of conservation

districts, organized as provided in this chapter, in the carrying out of any of their powers and

programs; to assist and guide districts in the preparation and carrying out of programs for

resources conservation authorized under this chapter; to review district programs; to coordinate

the programs of the conservation districts and resolve any conflicts in those programs.

(2) To keep the directors of each of the conservation districts organized under this

chapter informed of the activities and experience of all other districts organized under this

chapter, and to facilitate an interchange of advice and experience between the districts and

cooperation between them.

(3) To approve forms of agreements, proposed to be entered into by districts, with other

districts or with any state, federal, interstate, or other public or private agency, organization, or

individual, and advise the districts concerning the forms of agreements.

(4) To secure the cooperation and assistance of the United States and any of its agencies,

and of agencies of this state, in the work of the districts.

(5) To enlist the cooperation and collaboration of state, federal, regional, interstate and

local public and private agencies with the conservation districts; and to facilitate arrangements

under which the conservation districts may serve city or town governing bodies and other

agencies as their local operating agencies in the administration of any activity concerned with the

conservation of renewable natural resources.

(6) To disseminate information throughout the state concerning the activities and

programs of the conservation districts organized under this chapter, to make available information

concerning the needs and the work of the conservation districts and the committee to the

governor, the legislature, executive agencies of the government of this state, political subdivisions

of this state, cooperating federal agencies, and the general public.

(7) Pursuant to procedures developed mutually by the committee and other federal, state

and local agencies that are authorized to plan or administer activities significantly affecting the

conservation of renewable natural resources, to receive from those agencies for review and

comment suitable descriptions of their plans, programs and activities for the purposes of

coordination with district conservation programs; to arrange for and participate in conferences

necessary to avoid conflict among those plans and programs, to call attention to omissions, and to

avoid duplications of effort.

(8) Whenever the committee determines that there exists a substantial conflict between

the resources conservation program of a district and the proposed plans or activities directly

affecting resource conservation prepared by any other local governmental unit or agency of the

federal government, or this state, and that the conflict cannot be resolved through the consultation

procedures provided for in this section, the committee shall submit a report of the conflict through

the department of environmental management to the governor.

(9) To compile information and make studies, summaries, and analyses of natural

resource conditions in cooperation with local conservation districts and conservation programs on

a statewide basis.

(10) Except as otherwise assigned by state law, to carry out and coordinate the policies

of this state in programs at the state level for the conservation of the renewable natural resources

of this state and to represent the state in matters affecting those resources. This includes the

formulation and development of state guidelines, as deemed necessary, for the conservation of

soil, water and related natural resources of the state. When developing these guidelines the

committee, working with the conservation districts, may secure the assistance of state and federal

agencies and Rhode Island schools of higher learning to make such investigations and studies as

are necessary.

(11) To offer technical assistance to the department of environmental management

and/or other state agencies in the development of recommendations for the general assembly of

any natural resource legislation deemed necessary for the conservation, preservation, protection

and development of the renewable natural resources of this state. This legislation may include,

but is not necessarily limited to, provision for erosion and sediment control, flood plain regulation

and the conservation of watershed resources.

(12) To assist conservation districts in obtaining legal services from the attorney general.

(13) To require annual reports from conservation districts, the form and content of which

shall be developed by the committee.

(14) To establish by regulations, with the assistance and advice of the appropriate state

fiscal officers, adequate and reasonably uniform accounting and auditing procedures which shall

be used by conservation districts, and when the situation requires on a vote of at least four (4)

members, to impound all district funds and assets subject to ratification at a hearing on the action

in accordance with the administrative procedures act, chapter 35 of title 42.

(15) To approve and issue within ninety (90) days after the end of each fiscal year a

detailed annual report to the governor ~~and the legislature, including reference to~~, the speaker of

the house of representatives, the president of the senate, and the secretary of state of its activities

for the preceding year,. The report shall provide a review and synopsis of the state conservation

district activities~~, an outline of goals and programs for the future and inclusion of any other~~

~~findings and recommendations that the committee may consider appropriate.~~ ; an operating

statement summarizing meetings or hearings held, including meeting minutes, subjects addressed,

decisions rendered, studies conducted, policies and plans developed, approved, or modified, and

programs administered or initiated; a summary of the work of the farm, forest and open space

subcommittee including the list of current values for farm, forest and open space; 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 any legal matters related to the

authority of the council; a summary of any training courses held pursuant to subsection 2-4-6(18);

a briefing on anticipated activities in the upcoming fiscal year; and findings and

recommendations for improvements. The report shall be posted electronically as prescribed in

section 42-20-8.2. The director of the department of administration shall be responsible for the

enforcement of this provision.

(16) To establish by regulation the procedure for removing a district director from office

either for excessive absence or for other cause. The procedure shall include a hearing before the

committee at which time the affected director may seek to rebut the charges.

(17) To have supervision and control of any funds appropriated by the general assembly

to finance the activities of the committee and the conservation districts; to administer the

provisions of any act enacted by the legislature appropriating funds for expenditure in connection

with the activities of conservation districts; to distribute to conservation districts funds,

equipment, supplies and services received by the committee for that purpose from any source,

subject to the conditions that shall be made applicable thereto in any state or federal statute or

local ordinance making available those funds, property or services; to issue regulations

establishing suitable controls to govern the use by conservation districts of those funds, property

and services; approve all budgets, administrative procedures and operations of those districts to

ensure that districts conform with applicable laws and regulations.

(18) To conduct a training course for newly appointed and qualified members and new

designees of ex officio 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 course shall include instruction

in the following areas: the provisions of chapters 2-4, 42-46, 36-14 and 38-2; and the committee's

rules and regulations. The director 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 2. Section 4-13-1.3 of the General Laws in Chapter 4-13 entitled "Dogs" is

hereby amended to read as follows:

4-13-1.3. Rabies control board. -- (a) There shall be a rabies control board consisting of

~~nine (9)~~ seven (7) people as follows:

(1) The director of the Rhode Island department of environmental management or his or

her designee;

(2) The director of the Rhode Island department of health or his or her designee;

(3) A Rhode Island licensed veterinarian, appointed by the governor, who is a member of

the Rhode Island veterinary medical association;

(4) A livestock farmer, appointed by the governor, who is a member of the Rhode Island

farm bureau;

(5) A member of a recognized Rhode Island humane group (such as the Rhode Island

society for prevention of cruelty to animals), appointed by the governor;

(6) The state veterinarian, who shall serve as chairperson;

(7) A member of the Rhode Island animal control association, appointed by the

governor~~; and~~.

~~(8) Two (2) members of the general assembly, one member to be appointed by the~~

~~speaker of the house, and one member to be appointed by the president of the senate.~~

(b) All appointments made under this section after the effective date of this act shall be

subject to the advice and consent of the senate. The members of the board shall serve without

compensation. The board members from the departments of health and environmental

management shall serve at the discretion of their directors. The state veterinarian shall serve

without term. Nongovernmental members shall serve for a period of three (3) years and

reappointments shall be made by the governor with the advice and consent of the senate.

the original appointment, for the unexpired term only. ~~Any citizen member of the commission~~

~~may be removed from office by the governor for cause, upon notice and opportunity to be heard.~~

Four (4) members of the board shall constitute a quorum.

(d) Members of the board shall be removable by the governor pursuant to 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.

(e) The board may elect from among its members such other officers as they deem

necessary.

(f) The director of the department of environmental management shall direct staff to

support the board within the constraints of available resources.

(g) 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, 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, 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 any legal

matters related to the authority of the board; a summary of any training courses held pursuant to

subsection 4-13-1.3(i); a briefing on anticipated activities in the upcoming fiscal year; and

findings and recommendations for improvements. The report shall be posted electronically as

prescribed in section 42-20-8.2. The director of the department of administration shall be

responsible for the enforcement of this provision.

(h) Newly appointed and qualified members and new designees of ex officio members of

the board are required to complete a training course 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 course shall include instruction in the

following areas: chapters 4-13, 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. Sections 23-7-4 and 23-7-5 of the General Laws in Chapter 23-7 entitled

"Mosquito Abatement" are hereby amended to read as follows:

23-7-4. Membership of board. – (a) The directors of the departments of health and

environmental management, or their designees, shall be ex officio members. The ~~speaker of the~~

~~house of representatives shall appoint one member of the house and the president of the senate~~

~~shall appoint one member of the senate. The director of the department of environmental~~

~~management shall~~ governor shall, with the advice and consent of the senate, appoint one

professional agricultural chemist, one professional wildlife biologist, one professional

entomologist, one medical doctor, one person representing an established conservation or

environmental group within the state, and citizens representing any ~~two (2)~~ four (4)

cities, towns, subdivisions of cities or towns, or districts, having regard, among other factors, to

their qualifications, experience, and interest in effective mosquito control. Members of the board

shall annually elect their own officers.

(b) Those members of the commission as of January 1, 2005 who are members of the

general assembly shall cease to be members of the commission on January 1, 2005 and the

director shall appoint two (2) new members, representing two (2) cities, towns, subdivisions of

cities or towns, or districts, having regard, among other factors, to their qualifications, experience

and interest in effective mosquito control, each of whom shall serve for a three (3) year term.

balance of their current terms.

(d) Except as provided in subsection (b) of this section, members shall serve until their

successors are appointed and qualified.

(e) No person shall be eligible for appointment pursuant to this section unless he or she is

a resident of this state.

23-7-5. ~~Appointments and terms.~~ Vacancies, quorum and removal for cause. -- On

~~May 3, 1978, the director of environmental management shall appoint two (2) representatives~~

~~from any city, town, subdivision of a city or town, or district to serve on the board until October,~~

~~1979. Those representatives shall serve for a term of one year and shall be selected on a revolving~~

~~basis. The speaker of the house of representatives and the president of the senate shall each~~

~~appoint one member to serve until October, 1979. The director of environmental management~~

~~shall appoint two (2) members to serve until October, 1980, two (2) members to serve until~~

~~October, 1981, and three (3) members to serve until October, 1982. In the month of September of~~

~~every year the director, speaker, or president of the senate shall appoint successors to the~~

~~members of the board whose terms shall expire on that year. With the exception of the local~~

~~representatives who shall serve for one year, all other board members shall hold office~~

~~commencing on the first day of October for a three (3) year term and until their respective~~

~~successors are appointed.~~ (a) Any vacancy which may occur in the board shall be filled by the

~~director, speaker, or president of the senate~~ governor with the advice and consent of the senate for

the remainder of the unexpired term. A member shall be eligible to succeed himself or herself.

(b) Six (6) members of the board shall constitute a quorum.

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. Chapter 23-7 of the General laws entitled "Mosquito Abatement" is hereby

amended by adding thereto the following sections:

23-7-6.1. Officers of the board. -- Upon the appointment of the two (2) new members

prescribed in subsection 23-7-5(b), the board shall elect from among its members a chair.

Thereafter, the board shall annually elect in October a chair from among the members. The board

may elect from among its members such other officers as it deems necessary.

23-7-6.2. Board training. -- Newly appointed and qualified members of the board and

new designees of ex officio members are required to complete a training course 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 course shall

include instruction in the following areas: the provisions of chapters 23-7, 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.

23-7-6.3. Reporting requirements. – 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, 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 any legal matters related to the authority of the board; a summary of any

training courses held pursuant to section 23-7-6.1; a briefing on anticipated activities in the

upcoming fiscal year; and findings and recommendations for improvements. The report shall be

posted electronically 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 5. Sections 42-82-3 and 42-82-5 of the General Laws in Chapter 42-82

entitled "Farmland Preservation Act" are hereby amended to read as follows:

42-82-3. Agricultural lands preservation commission. -- (a) (1) There is established

the agricultural lands preservation commission consisting of the directors of the department of

environmental management and the department of administration, or their respective designees,

both ex officio with the power to vote; one member to be ~~a designee of the president~~ the

executive director of the Rhode Island league of cities and towns or his or her designee, who shall

serve as a nonvoting member of the commission; and four (4) public members to be appointed by

the governor with the advice and consent of the senate~~; one member to be appointed by the~~

~~governor upon written recommendation of the president of the senate; and one member to be~~

~~appointed by the governor upon written recommendation of the speaker of the house~~. The dean of

the college of resource development of the university of Rhode Island and the state

conservationist of the United States department of agriculture's soil conservation service, or their

respective designees, shall also serve on the committee and shall be ~~voting~~ nonvoting members.

All gubernatorial appointments made under this section after January 1, 2005 shall be subjected

to the advice and consent of the senate. No person shall be eligible for appointment pursuant to

this section after the effective date of this act unless he or she is a resident of this state.

(2) The members appointed by the governor shall serve for terms of five (5) years each;

provided, however, that of the members first appointed, one shall serve for one year, one shall

serve for two (2) years, one shall serve for three (3) years, one shall serve for four (4) years, and

two (2) shall serve for five (5) years, from January first next succeeding their appointment, as the

governor shall designate.; provided, however, that those members of the commission as of the

effective date of this act who were appointed upon the recommendation of members of the

general assembly shall cease to be members of the commission on the effective date of this act.

(3) Any vacancy occurring otherwise than by expiration of term shall be filled in the

same manner as the original appointment.

(4) Upon expiration of a member's term, that member shall continue as a member until

that member's successor is appointed and qualified. Any person serving a term shall be eligible

for appointment.

(5) No member, including ex officio members, shall receive compensation for the

performance of his or her duties as a member; provided, however, that each appointed member

may be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred

during the performance of his or her official duties.

(6) ~~The governor shall make the required appointments within ninety (90) days of May~~

~~20, 1981 by filing in writing the names of the appointees, and their respective terms, together~~

~~with their respective letters of acceptance, in the office of the secretary of state.~~

(7) ~~Within thirty (30) days thereafter, the governor shall notify all members of a meeting~~

~~at which time and place an oath of office shall be taken by each appointed member, and the~~ The

commission shall designate annually from its appointed members a chairperson and a vice

chairperson. ~~Thereafter the meetings shall be held at a time or times as is necessary for the proper~~

~~conduct of its business.~~

(8) Whenever public hearings are required under this chapter, or whenever the

commission determines a public hearing is appropriate, the commission shall use reasonable

efforts to hold those hearings at a place or places that will reasonably accommodate the interested

parties.

(b) ~~Six (6)~~ Four (4) voting members of the commission shall constitute a quorum for the

transaction of any business or the exercise of any power of the commission. Except as otherwise

provided in this chapter, the commission shall have the power to act by a majority of the members

present at any meeting at which a quorum is in attendance.

him or her a copy of the charges against him or her and an opportunity to be heard, in person or

by counsel, in his or her defense, upon not less than ten (10) days notice. If any member shall be

removed, the governor shall file in the office of the secretary of state a complete statement of

charges made against the member and his or her findings, together with a complete record of the

proceedings.

42-82-5. Duties of the commission. -- (a) The commission shall:

(1) Develop the criteria necessary for defining agricultural land under this chapter;

(2) Make a reasonably accurate inventory of all land in the state which meets the

definition of agricultural land;

(3) Prepare and adopt rules for administration of the purchase of development rights and

criteria for the selection of parcels for which the development rights may be purchased, and the

conditions under which they will be purchased;

(4) Draw up and publish the covenant and enumerate the specific development rights to

be purchased by the state; ~~and~~

(5) Inform the owners, public officials and other citizens and interested persons of the

provisions of this chapter.; and

(6) Approve and submit 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, including meeting minutes,

subjects addressed, decisions rendered, petitions granted, 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, examinations and investigations or any legal matters related to the authority of the

commission; a summary of any training courses held pursuant to subsection 42-82-5(a)(7); a

summary of land acquired and conserved during the fiscal year; an annually updated inventory of

all land in the state which meets the definition of agricultural land; a briefing on anticipated

activities in the upcoming fiscal year; findings and recommendation for improvements. The

report shall be posted electronically as prescribed in section 42-20-8.2. The director of the

department of administration shall be responsible for the enforcement of this provision; and

(7) Conduct a training course for newly appointed and qualified members and new

designees of ex officio members within six (6) months of their qualification or designation. The

course shall be developed by the chair, approved by the commission and conducted by the

commission. The commission may approve the use of any commission or staff members or other

individuals to assist with training. The course shall include instruction in the following areas; the

provisions of chapters 42-82, 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.

(b) At any time after fulfilling the requirements of subsection (a), the commission, on

behalf of the state, may acquire any development rights that may from time to time be offered by

the owners of agricultural land. The commission may accept or negotiate at a price not in excess

of the average of two (2) independent appraisals for the respective property. The value of the

development rights for all of the purposes of this section shall be the difference between the value

of the property for its highest and best use and its value for agricultural purposes as defined in this

chapter. In determining the value of the property for its highest and best use, consideration shall

be given to sales of comparable properties in the general area, use of which is unrestricted at the

time of sale. The seller of the development rights shall have the option of accepting payment in

full at the time of transfer or accepting payment on an installment basis in cash or with the

principal paid by tax exempt financial instruments of the state with interest on the unpaid balance

equal to the interest paid by the state on bonds sold during the preceding twelve (12) month

period. Any matter pending in the superior court may be settled by the parties subject to approval

by a referee. At any time after a matter has been referred to a referee, even after an award is made

by the referee, but before payment thereof, the petitioner may withdraw his or her petition upon

payment of appraisal fees incurred by the state together with all court costs, and the award shall

become null and void.

rights retained by the state and so noted by covenant in the deed. The proceeds from that sale

shall be returned to the agricultural land preservation fund.

(d) Any land received as a gift and not resold by the commission may be leased for

agricultural uses or other uses the commission determines are not detrimental to its agricultural

productivity. Any funds thus obtained shall be returned to the agricultural land preservation fund.

(e) The commission may consider petitions by the owner of land from which the state

has purchased the development rights to repurchase those development rights from the state. The

petition must be accompanied by a certificate from the municipalities in which the land lies

stating that two-thirds ( 2/3) of the city or town council has approved the proposed development.

The petition shall set forth the facts and circumstances upon which the commission shall consider

approval, and the commission shall deny approval unless at least seven (7) of its members

determine by vote that there is an overriding necessity to relinquish control of the development

rights. The commission shall hold at least one public hearing in a city or town from which a

certificate has been received, prior to its consideration of the petition, which shall be announced

in one newspaper of local circulation. The expenses, if any, of the hearing shall be borne by the

petitioner. If the commission approves the sale of the development rights, it shall receive the

value of the development rights at the time of this sale, to be determined in the same manner as

provided for by subsection (d). Proceeds of the sale shall be returned to the agricultural land

preservation fund.

SECTION 6. Sections 42-125-4, 42-125-5 and 42-125-6 of the General Laws in Chapter

42-125 entitled "Rhode Island Greenways Act of 1995" are hereby amended to read as follows:

42-125-4. Establishment of council -- Purpose. -- There is authorized, created, and

established within the state of Rhode Island department of administration, division of planning, a

state greenways council known as "the state greenways council," with those powers set forth in

this chapter, for the purposes of coordinating activities among state departments and agencies

engaged in the creation and maintenance of greenways, cooperating with and providing guidance

and assistance to cities and towns, businesses, nonprofit organizations, citizen groups, and

individuals in the creation and maintenance of greenways, and providing public information

about the location of recreational and cultural resources and greenways in the state. The director

of the department of administration shall direct staff to support the council within the constraints

of available resources.

42-125-5. Council created -- Appointment of members. -- The greenways council shall

consist of seven (7) members to be appointed in the following manner:

Two (2) members shall represent the public and shall be appointed by the governor with

the advice and consent of the senate; one member shall be a city or town official and shall be

appointed by the governor; one member shall be the director of administration, or his or her

designee; one member shall be the executive director of ~~the department of economic development~~

the economic development corporation, or his or her designee who shall be a subordinate within

the economic development corporation who shall serve as a nonvoting ex officio member; one

member shall be the director of the department of environmental management, or his or her

designee who shall be a subordinate within the department of environmental management; and

one member shall be the director of the department of transportation, or his or her designee who

shall be a subordinate within the department of transportation. ~~The governor shall appoint one~~

~~member of the council to be the chairperson of the council.~~ No one shall be eligible for

appointment unless he or she is a resident of this state. The members of the council shall serve

without compensation. Those members of the council as of the effective date of this act who

were appointed to the council by the governor shall continue to serve the balance of their current

terms. Thereafter, members shall be appointed to three (3) year terms. All appointments made

under this section after the effective date of this act shall be subject to the advice and consent of

the senate.

42-125-6. Powers and duties. -- The council has the following powers:

(1) To be entitled to ask for and receive from any commission, board, officer or agency

of the state any information, cooperation, assistance, and advice as shall be reasonable and proper

in view of the nature of the council's functions;

(2) To assess and evaluate the current programs and policies of the state as they relate to

the creation and maintenance of systems of greenways throughout the state and to make

recommendations regarding the coordination of activities within state government to create and

maintain systems of greenways as part of the state's twenty-first century infrastructure;

(3) To make any recommendations that may be necessary to the state planning council to

maintain a greenways element of the state guide plan as described in section 42-11-10;

(4) To make recommendations to the executive director of the ~~department of~~ economic

development corporation regarding the inclusion of greenways in programs to promote tourism

and encourage the location and development of recreational facilities as provided for in section

42-63-2(a) [repealed];

(5) To make recommendations to the director of the department of environmental

management regarding the inclusion of greenways in (1) the department's cooperation with the

~~department of~~ economic development corporation in planning and promotional functions relating

to recreation as provided for in section 42-17.1-2(f), and (2) the department's general functions

relating to parks and recreation, preservation of wetlands and habitat, and planning and

development as provided for in section 42-17.1-4;

(6) To make recommendations to the director of the department of transportation

regarding the inclusion of greenways in plans and implementation programs for transportation as

provided for in section 42-13-1;

(7) To provide advice and assistance to political subdivisions, businesses, citizen groups,

and nonprofit organizations regarding the creation and maintenance of greenways;

(8) To foster public involvement in greenways planning and development;

(9) To apply for, contract for, and expend federal and other grants or assistance,

appropriate to the purposes of this chapter, and

(10) ~~To report its activities, findings, and recommendations to the governor and the~~

~~general assembly.~~ To approve and submit an annual report within ninety (90) days after the end

of the fiscal year 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, studies conducted, policies developed, 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

any legal matters related to the authority of the council; a summary of any training courses held

pursuant to subsection 42-125-6(11), a briefing on anticipated activities in the upcoming fiscal

year; and findings and recommendations for improvements. The report shall be posted as

prescribed in section 42-20-8.2. The director of the department of administration shall be

responsible for the enforcement of this provision.

(11) To conduct a training course for newly appointed and qualified members and new

designees of ex officio members within six (6) months of their qualification or designation. The

course shall be developed by the chair of the council, approved by the council, and conducted by

the chair of the council. The council may approve the use of any council or staff members of

other individuals to assist with training. The course shall include instruction in the following

areas: the provisions of chapter 42-125; section 42-11-10; subsections 42-17.1-2(f), and (2);

section 42-17.1-4; section 42-13-1; chapter 42-46; chapter 36-14; chapter 38-2; and the council's

operating procedures. 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. Chapter 42-125 of the General Laws entitled "Rhode Island Greenways Act

of 1995" is hereby amended by adding thereto the following sections:

42-125-5.1. Terms, quorums, vacancies, and removal of members. – During the

month of January in each year, the governor shall appoint a member to succeed the departing

member. The newly appointed member will serve for a term of three (3) years commencing on

the first day of February. The members of the council shall be eligible to succeed themselves.

Members shall serve until their successors are appointed and qualified. Any vacancy which may

occur in the council shall be filled by the governor, for the remainder of the unexpired term in the

same manner as the members predecessor as described in section 42-125-5. Four (4) members of

the council shall constitute a quorum. A majority vote of those present and voting shall be

required for action. No vacancy in the membership of the council shall impair the right of

quorum to exercise all of the rights and perform all of the duties of the council. Members of the

council shall be removable by the governor prior to the expiration of a term for cause only, and

removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall

be unlawful.

42-125-5.2. Chair and other officers. – Upon the passage of this act, the council shall

elect from among its members a chair. Thereafter, the council shall annually elect in February a

chair from among the members. The council may elect from among its members such other

officers as it deems necessary.

SECTION 8. Sections 46-28-4, 46-28-5, 46-28-6, 46-28-7 and 46-28-9 of the General

Laws in Chapter 46-28 entitled "The Rhode Island Rivers Council" are hereby amended to read

as follows:

46-28-4. Establishment of council -- Purpose. -- There is hereby authorized, created,

and established within the executive department as an associated function, as defined in section

46-28-10, of the water resources board, established pursuant to chapters 15 and 15.1 of this title, a

Rhode Island Rivers Council known as "the Rhode Island Rivers Council," with such powers as

are set forth in this chapter, for the purposes of coordinating, overseeing, and reviewing efforts to

improve and preserve the quality of rivers and to develop plans to increase the utilization of river

areas throughout the state, and to support and strengthen grassroots watershed organizations as

local implementers of the plans. The rivers policy and classification plan prepared and

recommended as provided for in section 46-28-7(3) and as adopted by the state planning council

shall be the principal means of management and protection by the Rivers Council. The Rivers

Council shall work in conjunction with watershed councils and all affected federal, regional and

state agencies, including, but not limited to, the Rhode Island bays, rivers and watersheds

coordination team, the water resources board, the coastal resources management council, the

department of environmental management, the department of health, the statewide planning

program of the department of administration, and the economic development corporation,

municipal governments, private organizations and persons in achieving the purposes set forth in

this section, and implementing systems level planning for the state.

46-28-5. Council created -- Appointment of members. -- ~~Effective until ratification of~~

~~a constitutional amendment entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH~~

~~AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE~~

~~CONSTITUTION OF THE STATE (SEPARATION OF POWERS)," such council shall consist~~

~~of fifteen (15) members to be appointed in the following manner:~~

~~(1) Three (3) members shall represent the public and shall be appointed by the governor;~~

~~three (3) members shall be appointed by the lieutenant governor; three (3) members shall be~~

~~appointed by the speaker of the house of representatives as herein provided, at least one of whom~~

~~shall be a member of the house, provided however that if more than one member of the house is~~

~~appointed at least one member shall be from the minority party; two (2) members shall be~~

~~appointed by the president of the senate as herein provided, at least one of whom shall be a~~

~~member of the senate, provided, however not more than one senator shall be from the same~~

~~political party; one member shall be the director of the department of environmental management~~

~~or his or her designee; one member shall be the executive director of coastal resources~~

~~management council or his or her designee; one member shall be the director of administration or~~

~~his or her designee; one member shall be the president of the Rhode Island league of cities and~~

~~towns or his or her designee.~~

~~(2) (a) Each member so appointed shall serve for three (3) years beginning in the first~~

~~day of July, except that in the case of the first two (2) members appointed by the lieutenant~~

~~governor and the first two (2) members appointed by the governor, one shall serve until July 1,~~

~~1991, and one until July 1, 1992. Members shall be appointed during the month of June of each~~

~~year by the appointing authority and in the event of a vacancy occurring in the council, said~~

~~vacancy shall be filled in a like manner as the original appointment for the remainder of the~~

~~unexpired term.~~

~~(b) Effective upon ratification of a constitutional amendment entitled "JOINT~~

~~RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A~~

~~PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE~~

~~(SEPARATION OF POWERS)," such~~ (a) Such council shall consist of fifteen (15) members to

be appointed in the following manner:

~~(i) Five (5)~~ (1) Nine (9) public members shall be appointed by the governor with the

advice and consent of the senate; ~~four (4) public members shall be appointed by the lieutenant~~

~~governor with the advice and consent of the senate;~~ one of whom shall be a member of a chamber

of commerce within Rhode Island, three (3) of whom shall be people who have experience with

relevant not-for-profit groups such as local land trusts or conservation commissions, two (2) of

whom shall have experience in environmental law, environmental science or planning, and one of

whom shall have experience in communication, public outreach or education; one member shall

be the general manager of the water resources board or his or her designee who shall be a

subordinate within the water resources board who shall serve as a nonvoting ex officio member;

one member shall be the director of the department of environmental management or his or her

designee who shall be a subordinate within the department of environmental management; one

member shall be the executive director of coastal resources management council or his or her

designee who shall be a subordinate within the coastal resources management council who shall

serve as a nonvoting ex officio member; one member shall be the director of the department of

administration or his or her designee who shall be a subordinate within the department of

administration; one member shall be the executive director of the economic development

corporation or his or her designee who shall be a subordinate within the economic development

corporation who shall serve as a nonvoting ex officio member; and one member shall be the

president of the Rhode Island league of cities and towns or his or her designee who shall serve as

a nonvoting ex officio member.

~~(ii)~~ (2) All duly appointed members as of ~~January 1, 2005, whose appointments were not~~

~~vacated by a change in appointing authority~~ the passage of this act, shall continue as members

until the expiration of their term ~~or until their successors are duly appointed and qualified~~. Upon

expiration of the terms of members of the council who were appointed by the governor or the

lieutenant governor prior to the effective date of this act, new members shall be appointed by the

governor as prescribed in subsection 46-28-5(a). Members shall be appointed during the month of

January of each year by the ~~appointing authority~~ governor and in the event of a vacancy occurring

in the council, said vacancy shall be filled in a like manner as the original appointment for the

remainder of the unexpired term. Members shall serve until their successors are appointed and

qualified. The term of appointed members shall be three (3) years. The members of the council

shall be eligible to succeed themselves. The members of the council shall serve without

compensation. No one shall be eligible for appointment unless he or she is a resident of this state.

46-28-6. ~~Officers of the council. --~~ Officers of the council and quorum. -- ~~Forthwith~~

~~and annually in the month of June thereafter, the council shall elect one of its members as a~~

~~chairperson and one of its members as vice-chairperson.~~ Upon the passage of this act, the council

shall elect from among the members a chair and a vice-chair. Thereafter, the council shall

annually elect in February a chair and vice-chair from among the members. The council may elect

from among its members such other officers as they deem necessary. Six (6) voting members of

the council shall constitute a quorum. A majority vote of those present and voting shall be

required for action.

46-28-7. Powers and duties. -- The council shall have the following powers:

(1) To be entitled to ask for and receive from any commission, board, officer, or agency

of the state such information, cooperation, assistance, and advice as shall be reasonable and

proper in view of the nature of said functions;

(2) To assess, evaluate and coordinate with federal, regional and state agencies the

current programs and policies as they relate to efforts to clean up and preserve rivers and

watersheds throughout the state; and to participate in coordination mechanisms to achieve

systems level planning for the state;

(3) To prepare and recommend a rivers policy for the state of Rhode Island for adoption

by the state planning council as a part of the state guide plan as described in section 42-11-

10(c)(7), as amended, following the procedures for notification and public hearing set forth in

section 42-35-3, as amended. Said policy shall be consistent with federal water quality

requirements and shall give consideration to development, public or private, which has

commenced at the time of the adoption of a rivers policy. Such rivers policy shall treat rivers as

ecological systems;

(4) ~~(i)~~ To prepare and recommend a plan for the classification of all rivers in the state of

Rhode Island for adoption by the state planning council as a part of the state guide plan, following

the procedures for notification and public hearing set forth in section 42-35-3, as amended. The

classifications shall identify characteristics of water bodies beyond their quality to reflect their

current or potential uses for drinking water sources, agricultural irrigation, industrial processes,

including cooling water sources, water-based recreation, aquatic habitat, aesthetic enhancement,

and others. The classification plan shall be consistent with current water quality classifications

adopted by the department of environmental management. Such classification plan shall contain a

minimum of three (3) classes of rivers, including:

(A) Pristine rivers -- - those rivers or sections of rivers that are free of impoundments

and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and

water relatively unpolluted;

(B) Recreational rivers -- - those rivers or sections of rivers that are readily accessible,

that may have some development along their shorelines and may have undergone some

impoundment or diversion in the past. These shall include sections of rivers along mill villages,

but shall not include sections where development may be characterized as urban; and

have development along their shorelines, that have undergone impoundment or diversion, and

where development may be classified as urban.

~~(ii)~~ In the classification of rivers, different sections of a single river may enjoy different

classifications as appropriate.

(5) To make findings and recommendations among state agencies and political

subdivisions by participating in administrative proceedings and by reporting to the governor

regarding disputes and conflicts on river and watershed issues;

(6) To make findings and recommendations to state agencies and political subdivisions

regarding measures necessary to protect river quality and to promote river uses consistent with

the state's river policy and river classification plan;

(7) To formally recognize and to provide grants to local watershed councils;

(8) To foster public involvement in river planning and decision making processes by;

(i) Conducting public education programs about rivers and watersheds;

(ii) Promoting public access to and use of rivers, as appropriate;

(iii) Holding informal workshops prior to the adoption of (A) the state's rivers policy, (B)

the state's river classification plan or any portion thereof as provided for in subsection (d) of this

section and (C) the establishment of any local watershed council; and

(iv) Providing technical assistance to local watershed councils to participate in watershed

planning.

(9) To ~~report activities, and findings, and~~ recommend programs, policies and proposals

to the governor ~~and the general assembly~~ , the speaker of the house and president of the senate;

(10) Establish subcommittees as may be needed to carry out the purpose of this chapter;

~~and~~

(11) To promulgate regulations and procedures as may be needed to issue grants and

approve watershed action plans, including rules requiring notice by state or city and town

agencies to local watershed councils regarding proposed actions pertaining to projects,

developments and activities located wholly or partially within the watershed represented by the

local watershed council.;

(12) To apply for and accept grants, donations, loans of funds, and contributions of

money, services, materials or otherwise from any federal, state or local agency, from any public

or private foundation, or individual or from any other source, in order to carry out the purposes of

this chapter; and

(13) To conduct a training course for newly appointed and qualified members of the

council and new designees of ex officio members within six (6) months of their qualification or

designation. The course shall be developed by the chair of the council, approved by the council

and conducted by the chair of the council. The council may approve the use of any council or

staff members or other individuals to assist with training. The course shall include instruction in

the following areas: the provisions of chapters 46-28, 42-46, 36-14 and 38-2; and the council's

operating procedures, 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.

46-28-9. Annual council report and special reports. -- (a) Annual report. - The council

shall make an annual report to the governor and the general assembly on or before February 1 of

each year. The report shall include a summary of the activities of the council and of each

designated local watershed council and a consolidated financial statement of all funds received by

and expended by the Rivers Council during the reporting period. Within ninety (90) days after

the end of each fiscal year, the council 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 summary of the activities of

each designated local watershed; 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 subsection 46-28-7(13); a briefing on

anticipated activities in the upcoming fiscal year; findings and recommendations for

improvements; and a summary of progress made by the council in the implementation of the

system-level plan as described in section 46-31-5. The report shall be posted electronically as

prescribed in section 42-20-8.2. The director of the department of administration shall be

responsible for the enforcement of this provision.

(b) Special reports. - The council shall prepare such special reports as may be requested

by the general assembly, or either branch thereof, the governor, or as may be determined by the

council.

~~(c) Report on taxation of buffers. - The council shall, in cooperation with the department~~

~~of environmental management, the coastal resources management council, and the department of~~

~~administration, report to the speaker of the house, the president of the senate, and the governor~~

~~not later than January 15, 2005, its findings and recommendations with regard to the~~

~~establishment of riparian and shoreline buffers and the taxation of property included in buffers~~

~~and shall address the question of whether the valuation of areas included in buffers should be~~

~~reduced for purposes of taxation.~~

SECTION 9. Chapter 46-28 of the General Laws entitled "The Rhode Island Rivers

Council" is hereby amended by adding thereto the following section:

46-28-5.1. Removal of members. – Members of the council shall be removable by the

governor pursuant to 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 10. Severability. If any provision of this act or the application thereof to any

person or circumstances is held invalid 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 11. This act shall take effect upon passage.

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LC00400/SUB A

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