Chapter 368
2011 -- H 5387
Enacted 07/13/11
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
ENVIRONMENTAL
MANAGEMENT -- DIVISIONS
Introduced By: Representatives Naughton, Cimini, and Walsh
Date Introduced: February 16, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 42-17.1-4 of the General Laws in Chapter
42-17.1 entitled
"Department of
Environmental Management" is hereby amended to read as follows:
42-17.1-4.
Divisions within department. -- Within the
department of environmental
management there are established the following divisions:
(1) A division of parks
and recreation which shall carry out those functions of the
department relating to the operation and maintenance of parks
and recreation areas and the
establishment and maintenance of such additional recreation areas
as may from time to time be
acquired and such other functions and duties as may from time
to time be assigned by the
director;
(2) A division of fish
and wildlife which shall carry out those functions of the
department relating to the administration of hunting, fishing,
and shell fisheries; the preservation
of wetlands, marsh lands, and wildlife and such other
functions and duties as may from time to
time be assigned by the director;
(3) A division of
agriculture which shall carry out those functions of the department
relating to agriculture, entomology and plant industry
and such other functions and duties as may
from time to time be assigned by the director;,
including, but not limited to, plant industry, farm
viability, marketing and promotion, farmland ecology and
protection, plant and animal health and
quarantine, pesticides, mosquito abatement, pest survey and response,
food policy and security,
and, in collaboration with the department of health,
public health as it relates to farm production
and direct marketing of farm products, and those agreed
upon through memorandum of
agreement with the department of health or other state
agencies. The department of health shall
continue to act as the lead agency for all public health
issues in the state pursuant to chapter 23-1.
Nothing herein contained shall limit the department of
health's statutory authority, nor shall any
provision herein be construed as a limitation upon the
statutory authority of the department of
health granted to the department under title 23 of the
general laws, nor shall any provision herein
be construed to limit the authority of the department of
environmental management to enter into
memoranda of agreement with any governmental agency.
(4) A division of
coastal resources which shall carry out those functions of the
department relating to harbors and harbor lines, pilotage, flood control, shore development,
construction of port facilities, and the registration of boats and
such other functions and duties as
may from time to time be assigned by the director, except
that the division shall not be
responsible for the functions of inspection of dams and
reservoirs, approving plans for
construction or improvement of dams, reservoirs and other
structures in non-tidal waters, and the
operation of stream-gauging stations in cooperation with the
United States Geological Survey,
and provided further that the division and its staff
shall be responsible through the director of
environmental management, to the coastal resources management
council, and the chief and the
staff of the division shall serve as staff to the council;
(5) A division of
planning and development which shall carry out those functions of the
department relating to planning, programming, acquisition of
land, engineering studies and such
other studies as the director may direct, and which shall
work with the board of governors for
higher education and the board of regents for elementary and
secondary education, with
educational institutions at all levels and with the public in the
dissemination of information and
education relating to natural resources and shall perform the
publication and public relations
functions of the department, the functions of inspection of
dams and reservoirs, approving plans
for construction or improvement of dams, reservoirs, and
other structures in non-tidal waters, and
the operation of stream-gauging stations in cooperation
with the United States Geological Survey;
(6) A division of
enforcement which shall enforce all of the laws and regulations of the
department and the coastal resources management council, which
shall cooperate with the other
enforcement agencies of the state and its municipalities, and
which shall administer all of the
policing, enforcing, licensing, registration, and inspection
functions of the department and such
other functions and duties as may from time to time be
assigned by the director;
(7) A division of
forest environment which shall carry out those functions of the
department relating to the administration of forests and natural
areas, including programs for
utilization, conservation, forest fire protection, and
improvements of these areas; assisting other
agencies and local governments in urban programs relating to
trees, forests, green belts, and
environment and such other functions and duties as may from time
to time be assigned by the
director;
(8) (i) A division of boating safety
which shall carry out those functions of the
department relating to the development and administration of a
coordinated safe boating program
in accordance with the Model Safe Boating Act of 1971 as
approved by the National Association
of State Boating Law Administrators;
(ii) Administration of
the division of boating safety shall be the responsibility of the state
boating law administrator whose duties shall include:
(A) The enforcement of
all laws relating to the act;
(B) The powers vested
in the state boating law administrator and boating safety
enforcement officer shall include the enforcement of laws, rules
and regulations relating to
"Regulation of Boats," title 46, chapter 22
and shall also include the power to:
(I) Execute all
warrants and search warrants for the violation of laws, rules and
regulations relating to the act.
(II) Serve subpoenas
issued for the trial of all offenses hereunder.
(III) To carry firearms
or other weapons, concealed or otherwise, in the course of and in
performance of their duties under this chapter.
(IV) To arrest without warrant
and on view any person found violating any law, rule, or
regulation relating to the act, take that person before a court
having jurisdiction for trial, detain
that person in custody at the expense of the state until
arraignment and to make and execute
complaints within any district to the justice or clerk of the
court against any person for any of the
offenses enumerated under the act committed within the
district.
(V) Boating safety
enforcement officers shall not be required to give surety for costs
upon any complaint made by him or her.
(iii) The development
and administration of a coordinated safe boating program.
(iv)
The establishment and enforcement of such rules and regulations as are
deemed
necessary to achieve the purposes of the Model Safe Boating Act
as approved by the state boating
law administrators.
(v) The state boating
law administrator shall serve as the liaison to the
Coast Guard.
SECTION 2. This act shall take effect upon passage.
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LC00022
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