Chapter 070

2006 -- S 2826 SUBSTITUTE A AS AMENDED

Enacted 06/14/06

A N A C T

RELATING TO SEPARATION OF POWERS

Introduced By: Senators Connors, Lenihan, and Paiva-Weed

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-1.1-4, 12-1.1-5 and 12-1.1-8 of the General Laws in Chapter

12-1.1 entitled "State Crime Laboratory Commission" are hereby amended to read as follows:

12-1.1-4. Membership. – (a) The commission shall consist of seven (7) five (5)

members: (1) two (2) members of the house of representatives, selected by the chairperson of the

house finance committee, at least one of whom shall be from the minority party; (2) two (2)

members from the senate, selected by the chairperson of the senate finance committee, at least

one of whom shall be from the minority party; (3) the attorney general; (4) the superintendent of

state police; and (5) the president of the R.I. Police Chiefs Association; a representative of the

Rhode Island Police Chiefs Association appointed by the governor with the advice and consent of

the senate; ex-officio. and two (2) public members appointed by the governor with the advice and

consent of the senate. A commission member has the right to send, in his or her place, a

designated representative to a meeting. Appointed public members shall serve two (2) year terms

and shall be eligible to succeed themselves.

(b) Members shall serve until their successors are appointed and qualified. Each member

of the board may designate a subordinate within his or her department or agency to represent him

or her at all meetings of the board. Three (3) members of the board shall constitute a quorum and

the vote of a majority of those present and voting shall be required for action.

(c) 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 or fitness for the office shall be unlawful.

12-1.1-5. Chairperson. -- The attorney general shall be the chairperson of the

commission. The board may elect from among its members such other officers as it deems

necessary.

12-1.1-8. Powers and duties of commission. -- The commission shall have the following

powers and duties:

      (1) Establish goals, priorities, standards, policies, plans, programs, and budgets for the

operation of the state crime laboratory;

      (2) Monitor the general operation of the state crime laboratory and evaluate its

effectiveness;

      (3) Apply for, contract for, receive, and expend for its purposes any appropriations or

grants from the state and/or its political subdivisions, the federal government, or any other source,

public or private, in accordance with the appropriations process;

      (4) (i) Accept funds appropriated by the general assembly out of any money in the

treasury not otherwise appropriated for effectuating the daily operation of the state crime

laboratory;

      (ii) Accept any moneys made available through direct grants for its function and

operation;

      (iii) Expend these sums of money for the purchase of equipment, payment of salaries,

purchase of material, office supplies, and laboratory supplies, and for labor for publishing, for the

benefit of law enforcement officers in the state of Rhode Island, for scientific advances in the

field of criminalistics, and any other essentials that may be deemed necessary and expedient to

the scientific criminal investigation and training of law enforcement officers and firefighters in

modern scientific investigative techniques and research in the field of scientific criminal

investigation;

      (5) Recommend legislation to the governor and legislature in the field of scientific

criminal investigation;

      (6) Provide suitable badges and appropriate commissions to laboratory personnel in

evidence of their authority;

      (7) Establish any and all committees it deems necessary to carry out the mission of the

state crime laboratory;

      (8) Perform any other duties that may be necessary to carry out the purposes of this

chapter and chapter 1.2.;

      (9) (i) The commission shall submit an annual report to the governor and to the

legislature concerning its work during the preceding fiscal year. 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, 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 commission; a summary of any training courses held pursuant to

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

recommendations for improvements. The report shall be posted electronically on the websites of

the general assembly and the secretary of state pursuant to the provisions of section 42-20-8.2.

The director of the department of administration shall be responsible for the enforcement of the

provisions of this subsection;

(ii) Other studies, evaluation, analyses, and reports shall be submitted to the governor or

the legislature as deemed appropriate or as requested.

      (10) To approve or disapprove the director and all other positions of the state crime

laboratory appointed by the University of Rhode Island.;

(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

commission, be approved by the commission, and be conducted by the chair of the commission.

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

     SECTION 2. This act shall take effect upon passage.

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LC02353/SUB A

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