Chapter
103
2006 -- S 2138 SUBSTITUTE B AS AMENDED
Enacted 06/16/06
A N A
C T
RELATING TO
SEPARATION OF POWERS
Introduced By: Senators
Connors, Perry, Polisena, and McCaffrey
Date Introduced: January
24, 2006
It is enacted
by the General Assembly as follows:
SECTION
1. Section 23-4-6 of the General Laws in Chapter 23-4 entitled "Office of
State
Medical Examiners" is hereby amended to read as follows:
23-4-6.
State medical examiners commission. -- (a) There is established the
state
medical
examiners commission. The commission shall hear and determine appeals to
decisions
by chief
medical examiners regarding the undertaking of investigations, inquests, and
autopsies,
and
shall advise the chief medical examiner on matters of public concern.
(b) The commission shall consist of fourteen (14) twelve (12)
members, ten (10) three
(3) of whom shall be ex officio members, viz., the
director of health, the attorney general, the
superintendent
of state police, the president of the Rhode Island Medical Society, the
president of
the
Rhode Island Society of Pathologists, the president of the Rhode Island Bar
Association, the
vice
president of the Brown University Division of Biological and Medical Sciences, the
president
of the Rhode Island Funeral Directors Association, the chair of the Rhode
Island house
of
representatives H.E.W. committee, the chair of the Rhode Island senate H.E.W.
committee, or
the
designee of each of the previously mentioned members, and four (4) and nine (9) citizens of
the
state to be appointed by the governor with the advice and consent of the
senate for the term of
three
(3) years. The governor shall give due consideration to any recommendations
for
nominations
submitted to him or her by the president of the Rhode Island Medical Society,
the
president
of the Rhode Island Society of Pathologists, the president of the Rhode Island
Bar
Association,
the vice president of Brown University Division of Biological and Medical
Sciences
and
the president of the Rhode Island Funeral Directors Association. Each citizen member shall
hold
office for the term of his or her appointment and until his or her successor is
appointed.
Vacancies
for citizen members shall be filled by 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.
(c) The director of health and the attorney general shall be the chairperson
and vice
chairperson,
respectively, of the commission. The chief medical examiner of the office of
state
medical
examiners shall serve as the executive secretary of the commission, and the
expenses of
the
commission shall be a responsibility of the department of health. The board
may elect from
among
its members such other officers as it deems necessary. Seven (7) members of the
board
shall
constitute a quorum and the vote of a majority of those present and voting
shall be required
for
action. The commission shall meet at
the call of its chairperson and at least four (4) times each
year,
the time and the place for each meeting to be fixed by the chairperson.
(d)
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.
(e)
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, appeals 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 hearing, complaints, suspensions, or other legal matters related
to the
authority
of 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.
(f)
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. Sections 23-14.1-4 and 23-14.1-5 of the General Laws in Chapter 23-14.1
entitled
"Health Professional Loan Repayment Program" is hereby amended to
read as follows:
23-14.1-4.
Health professional loan repayment board. -- (a) There is created the
health
professional
loan repayment board, which shall consist of eleven (11) members and is
constituted
as
follows: one health care consumer, to be appointed by the governor; one member
of the Rhode
Island
Medical Society appointed by its president; the director of the Rhode Island
Health Center
Association;
one additional representative of the Rhode Island Health Center Association, or
his
or
her designee, and appointed by its president; one member of the house of
representatives
appointed
by the speaker; one member of the senate appointed by the president of the
senate; the
dean
of the Brown University Medical School, or his or her designee; the dean of the
College of
Nursing
at the University of Rhode Island, or his or her designee; the executive
director of the
Hospital
Association of Rhode Island, or his or her designee; the executive director of
the Rhode
Island
higher education assistance authority, or his or her designee; and the director
of health, or
his
or her designee. All members shall serve at the pleasure of the appointing
authority and shall
receive
no compensation for their services.
(b)
The director of health shall serve as chairperson. All meetings shall be called
by the
chairperson. the director of the department of health and eight
(8) members appointed by the
governor
with the advice and consent of the senate. The governor shall give due
consideration to
any
recommendations for nominations submitted to him by the Rhode Island Medical
Society; the
Rhode
Island Health Center Association; the dean of the Brown University Medical
School; the
dean
of the College of Nursing at the University of Rhode Island; the Rhode Island
State Nurses'
Association;
the Hospital Association of Rhode Island; the Rhode Island higher education
assistance
authority. All appointed members shall serve for terms of three (3) years and
shall
receive
no compensation for their services. Board members shall be eligible to succeed
themselves.
(b)
The director of the department of health shall serve as chairperson. The board
shall
elect
such other officers as it deems necessary from among its members. All meetings
shall be
called
by the chairperson.
(c)
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.
23-14.1-5.
Duties of the board. -- The board shall:
(1) Determine which areas of the state shall be eligible to participate in the
loan
repayment
program each year, based on health professional shortage area designations.
(2) Receive and consider all applications for loan repayment made by eligible
health
professionals.
(3) Conduct a careful and full investigation of the ability, character,
financial needs, and
qualifications
of each applicant.
(4) Consider the intent of the applicant to practice in a health professional
shortage area
and to
adhere to all the requirements for participation in the loan repayment program.
(5) Submit to the director a list of those individuals eligible for loan
repayment and
amount
of loan repayment to be granted.
(6) Promulgate rules and regulations to ensure an effective implementation and
administration
of the program.
(7)
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, applications considered and their
disposition,
rules
or regulations promulgated, studies conducted, polices 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
committee;
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.
(8)
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,
be approved by the board, and be conducted by the chair of the board. The board
may
approve
the use of any board 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 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 23-27.3-100.1.4 and 23-27.3-100.1.5.1 of the General Laws in
Chapter
23-27.3 entitled "State Building Code" are hereby amended to read as
follows:
23-27.3-100.1.4.
Appointment and qualifications of the committee. -- (a) The building
code
standards committee shall be composed of twenty-five (25) twenty-three
(23) members,
residents
of the state; twenty-three (23) of whom who shall be appointed by
the governor with the
advice
and consent of the senate. Eight (8) members are to be appointed for terms of
one year
each,
seven (7) for a term of two (2) years each, and eight (8) for terms of three
(3) years each.
Annually,
thereafter, the governor, with the advice and consent of the senate, shall
appoint
members
to the committee to succeed those whose terms expired; the members to serve for
terms
of three
(3) years each and until their successors are appointed and qualified. Two (2)
members
shall be
architects registered in the state; three (3) shall be professional engineers
registered in the
state,
one specializing in mechanical, one specializing in structural, and one
specializing in
electrical
engineering; one landscape architect, registered in the state, one full-time
certified
electrical
inspector; two (2) shall be builders or superintendents of building
construction; one
shall be
a public health official; one shall be a qualified fire code official; two (2)
shall be from
the
Rhode Island building trades council; one shall be a holder of Class
"A" electrician's license;
one
shall be a master plumber; two (2) shall be from the general public; three (3)
shall be building
officials
in office, one from a municipality with a population of sixty thousand (60,000)
persons
or more,
one from a municipality with a population of over twenty thousand (20,000)
persons but
less
than sixty thousand (60,000), and one from a municipality with a population of
less than
twenty
thousand (20,000) persons; one shall be a member of the state senate,
appointed by the
president
of the senate, and one shall be a member of the house of representatives,
appointed by
the
speaker, and one shall be a minimum
housing official in office from one of the local
municipalities.
Within thirty (30) days of May 25, 1988, the governor shall appoint, with the
advice
and consent of the senate, ; and
two (2) residents of the state who shall be persons with
disabilities
as defined in section 28-5-6(4), . one of whom shall be
appointed for a term of one
year,
and one of whom shall be appointed for a term of two (2) years. Within thirty
(30) days of
May
25, 1988, the governor shall appoint, with the advice and consent of the
senate, one
landscape
architect in the state who shall be appointed for a term of three (3) years.
(b) All members, except members of the state senate and the members of the
house of
representatives shall have no less than five (5) years practical
experience in his or her profession
or
business. The committee shall elect its own chairperson and may elect from
among its
members
such other officers as it deems necessary. Twelve (12) members of the board
shall
constitute
a quorum and the vote of a majority vote of those present shall be required for
action.
The
committee shall, and adopt rules and regulations for procedure. The state
building
commissioner
shall serve as the executive secretary to the committee. The committee shall
have
the
power, within the limits of appropriations provided therefor, to employ such
assistance as may
be
necessary to conduct business.
(c)
Members of the commission 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.
(d) The state housing and property maintenance code subcommittee shall
be composed
of nine
(9) members, residents of the state. Five (5) of these members are to be
current members
of the
state building code standards committee and are to be appointed by that
committee. The
four (4)
remaining members are to be appointed by the governor, with the advice and
consent of
the
senate. The four (4) appointed by the governor, with the advice and consent of
the senate,
shall
initially be appointed on a staggered term basis, one for one year, one for two
(2) years, and
two (2)
for three (3) years. Annually thereafter, the building code standards
committee, and the
governor,
with the advice and consent of the senate, shall appoint the subcommittee
members, for
which
they are respectively responsible, to succeed those whose terms have expired;
the members
to serve
for terms of three (3) years each and until their successors are appointed and
qualified. Of
the
members appointed by the committee one shall be a full-time certified
electrical inspector;
one
shall be a master plumber and mechanical equipment expert, one shall be a
builder or
superintendent
of building construction, one member shall be a qualified state fire code
official,
one
shall be a property manager, and one shall be a current minimum housing
official from a
local
municipality. The four (4) members to be appointed by the governor, with the
advice and
consent
of the senate, shall all be current minimum housing officials from local
municipalities.
One
shall be from a municipality with a population of sixty thousand (60,000)
persons or more,
two (2)
from municipalities with a population of over twenty thousand (20,000) persons
but less
than
sixty thousand (60,000), and one from a municipality with a population of less
than twenty
thousand
(20,000) persons.
23-27.3-100.1.5.1.
Housing and maintenance code -- Powers and duties of the
building
code standards committee. -- (a)
The committee shall have the authority to adopt and
promulgate
a housing and maintenance code which shall be reasonably consistent with
recognized
and accepted standards and codes promoted by national model code organizations.
The code
shall be submitted to the legislature for adoption and amendments as required.
Once
adopted
by the legislature, the law shall not be amended by the cities and towns. The
committee
shall
have the singular authority to submit further amendments to the legislature as
required.
These
new provisions shall replace, and/or amend the existing provisions of the
Minimum
Housing
Standards, chapter 24.2 of title 45, and the Housing, Maintenance and Occupancy
Code,
chapter
24.3 of title 45. Once adopted by the legislature, the laws shall not be
amended by the
cities
and towns without prior approval of the committee and subsequently the
legislature. The
state
housing and property maintenance code subcommittee shall carry out its
responsibilities to
the
building code standards committee by acting as an entity of the committee in
administering
the
code, by recommending needed code amendments, by promulgating the code, and by
serving
as the
board of standards and appeals for the code.
(b) The subcommittee shall also have a recording secretary who shall attend all
meetings
and
direct the conduct of any investigation which may be necessary in the
preparation of any
hearing.
The recording secretary shall be a member of the classified service on the
staff of the
state
building commissioner and shall be compensated as appropriate for the expertise
required.
The
administration and appeals procedures pertaining to these laws shall remain in
the
prerogatives
of the local municipalities and the legislature.
(c)
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, applications considered and
their
disposition,
rules or regulations promulgated, studies conducted, polices 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 committee; 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 section.
(d)
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
committee,
be approved by the committee, and be conducted by the chair of the committee.
The
committee
may approve the use of any committee 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 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
4. Section 31-13-1 of the General Laws in Chapter 31-13 entitled "Traffic
Control
Devices" is hereby amended to read as follows:
31-13-1.
State traffic commission -- Manual of traffic control devices. -- (a)
There is
established
a state traffic commission consisting of the chairperson and vice
chairperson of the
permanent
joint committee of the general assembly on highway safety, the superintendent of state
police or
his or her designee from within the department of state police, the
director of the
department
of administration or his or her designee from within the division of motor vehicles,
the
director of the department of transportation or his or her designee from
within the department
of
transportation, or their
designees, the president of the Rhode Island Police Chief's Association,
and the governor's representative to the National Highway
Traffic Safety Administration ,and a
member
of the public appointed by the governor with the advice and consent of the
senate, with
respect
to which appointment the governor shall solicit and give due consideration to
the
recommendation
of the Rhode Island Police Chief’s Association. The commission shall elect from
among
the members a chair and such other officers as it deems necessary.
(b) For the purpose of standardization and uniformity, the commission shall
adopt and
cause to
be printed for publication a manual of regulations and specifications
establishing a
uniform
system of traffic control signals, devices, signs, and marking consistent with
the
provisions
of this chapter for use upon the public highways. The commission shall
establish the
traffic
regulations under chapters 12 -- 27 of this title. The commission shall meet
not less
frequently
than monthly. and shall submit an annual report to the governor.
The department of
transportation
shall provide all staff services and quarters required by the commission.
(c)
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
meetings
minutes, subjects addressed, decisions rendered, applications 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 counsel; 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 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.
(d)
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
5. Sections 39-18-2 and 39-18-18 of the General Laws in Chapter 39-18
entitled
"Rhode Island Public Transit Authority" are hereby amended to read as
follows:
39-18-2.
Authority created -- Composition -- Terms -- Oath -- Officers -- Quorum --
Compensation
-- Conflicts of interest. -- (a)
There is hereby created a body corporate and
politic
to be known as the "Rhode Island public transit authority".
(b) The authority shall consist of seven (7) eight (8) members, four
(4) seven (7) of
whom
shall be appointed by the governor with the advice and consent of the senate; one
shall be a
member
of the senate ex officio appointed by the president of the senate, one shall be
a member
of
the house of representatives ex officio appointed by the speaker of the house
of representatives
and one
of whom shall be the director of the department of transportation or his or
her designee
who
shall serve as an ex officio member. The governor shall achieve a diverse
membership in the
board
and shall give due consideration to recommendations for nominations from the
National
Federation
of the Blind of Rhode Island, the Gray Panthers of Rhode Island, the Sierra
Club of
Rhode
Island, the Rhode Island AFL-CIO, the RIPTA Transportation Advisory Committee,
and
the
Rhode Island business community and the Rhode Island League of Cities and
Towns.
Forthwith,
upon the enactment of this chapter, the governor, with the advice and consent
of the
senate,
shall appoint one member to serve until the first day of April, 1965, one
member to serve
until
the first day of April, 1966, and one member to serve until the first day of
April, 1967, and
until
their respective successors shall be duly appointed and qualified. Ex officio
members shall
serve
during their respective terms of office.
No one shall be eligible for appointment unless he
or
she is a resident of this state.
(c) In the month of March 1965, and in the months of March annually
thereafter, the
governor,
with the advice and consent of the senate, shall appoint one member of the
authority to
serve
for a term of three (3) years to succeed the member whose term will then next
expire. On or
before
July 1, 1979, the governor with the advice and consent of the senate, shall
appoint the
seventh
member to serve until the first day of April, 1982 and until his or her
respective successor
shall
be duly appointed and qualified. Those
members of the authority as of the effective date of
this
act who were appointed to the authority by members of the board of the general
assembly
shall
cease to be members of the authority on the effective date of this act, and the
governor shall
thereupon
nominate two (2) members, each of whom shall serve the balance of the unexpired
term
of his or her predecessor. Those members of the authority as of the effective
date of this act
who were
appointed to the authority by the governor shall continue to serve the balance
of their
current
terms. Thereafter, during the month of January in each year, the governor shall
appoint
members
to succeed the departing members. The newly appointed members shall serve for a
term
of three (3) years commencing on the day they are qualified. In the event of a vacancy
occurring
in the membership, the governor, with the advice and consent of the senate,
shall
appoint
a member for the unexpired term. Any member of the authority shall be eligible
for
reappointment.
(d) Each member of the authority, before entering upon his or her duties, shall
take an
oath to
administer the duties of his or her office faithfully and impartially, and the
oath shall be
filed in
the office of the secretary of state.
(e) The authority shall elect one of its members as chairperson, and shall also
elect a
secretary
and such other officers as it deems necessary.
(f) Four (4) members of the authority shall constitute a quorum. and the
vote of four (4)
members The affirmative vote of a majority of the members
present and voting shall be necessary
for any
action taken by the authority. No vacancy in the membership of the authority
shall impair
the
right of a quorum to exercise all the rights and perform all the duties of the
authority.
(g) The members of the authority appointed by the governor with the advice
and consent
of
the senate shall receive twenty-five dollars ($25.00) per day as compensation
for attendance at
meetings
of the authority, but not to exceed the sum of twenty-five hundred dollars
($2,500)
annually
as compensation of each member, such amounts to be payable from the revenue of
the
authority.
Ex officio members shall receive no
compensation, but all members of the authority
shall be
reimbursed for their actual expenses necessarily incurred in the performance of
their
duties.
(h) No member of the authority shall be in the employ of, or own any stock in,
or be in
any way
directly or indirectly pecuniarily interested in any railroad corporation, bus,
or street
railway
company, nor shall any member of the authority personally or through a partner
or agent
render
any professional service or make or perform any business contract with or for
any
company;
nor shall any member of the authority, directly or indirectly, receive a
commission,
bonus,
discount, present, or reward from any company.
(i)
Members of the authority 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.
(j)
The authority 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 general manager of the authority, be approved by the authority, and be
conducted
by the general manager of the authority. The authority may approve the use of
any
authority
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 authority's rules and regulations. The director of the department of
administration shall
be
responsible for the enforcement of the provisions of this subsection.
39-18-18.
Action by resolution -- Reports -- Audits. -- (a) Any action taken by
the
authority
under the provisions of this chapter may be authorized by resolution at any
regular or
special
meeting, and each resolution shall take effect immediately and need not be
published or
posted.
(b) In the month of January, the authority shall make an annual report to
the governor
and
to the general assembly of its activities for the preceding fiscal year. Each
report shall set
forth
a complete operating and financial statement covering its operations during the
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 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, permits considered and their disposition, rules
or
regulations
promulgated, studies conducted, polices 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 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 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.
(c)
The director of administration shall cause an annual audit of the books,
records, and
accounts
of the authority to be made and the costs thereof shall be treated as part of
the cost of
operation
of the authority.
SECTION
6. Severability. If any provision of this act or the application thereof to any
person
or 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
7. This act shall take effect upon passage.
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LC00406/2
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