2003 -- S 0395

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LC01589

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO STAET AFFAIRS AND GOVERNMENT - GOVERNOR'S COMMISSION

ON DISABILITIES

     Introduced By: Senators Lanzi, Connors, Tassoni, Gallo, and F Caprio

     Date Introduced: February 12, 2003

     Referred To: Senate Government Oversight

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-51-6 of the General Laws in Chapter 42-51 entitled "Governor's

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Commission on Disabilities" is hereby amended to read as follows:

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     42-51-6. Duties. -- It shall be the duty of the commission to work in cooperation with the

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national council on disability and other interested federal, state, and local agencies, organizations,

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and employers in:

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      (1) Promoting on behalf of the people with disabilities and assuring, on behalf of the

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state, that people with disabilities are afforded the opportunities to exercise all of the rights and

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responsibilities accorded to citizens of this state;

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      (2) Arousing community interest in the concerns of people with disabilities through the

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utilization of whatever community and state resources the commission may deem necessary to

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accomplish the maximum in independent living and human development;

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      (3) Coordinating compliance with federal and state laws protecting the rights of

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individuals with disabilities by state agencies; and

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      (4) Providing technical assistance to public and private agencies, businesses, and citizens

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in complying with federal and state laws protecting the rights of individuals with disabilities.

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     (5) Reporting from time to time (but in no case less often than once a year) to the

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legislature and the governor, describing the investigations, proceedings, and hearings the

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commission has conducted and their outcome, the decisions it has rendered, and the other work

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performed by it, and making recommendations for further legislation concerning abuses and

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discrimination based on disability that may be desirable.

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     SECTION 2. Chapter 42-51 of the General Laws entitled "Governor's Commission on

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Disabilities" are hereby amended by adding thereto the following sections:

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     42-51-6.1. Quorum of commission. - - Eight (8) members of the commission shall

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constitute a quorum for the purpose of conducting the business of the commission. A vacancy in

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the commission does not impair the right of the remaining members to exercise all the powers of

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the commission.

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     42-51-6.2. Hearing boards. – (1) The commission’s chairperson may appoint hearing

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boards for the purpose of conducting hearings and rendering decisions on any matter within the

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jurisdiction of the commission.

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     (2) Three (3) commissioners shall constitute a quorum of a hearing board.

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     (3) The commission may itself, or it may empower these hearing boards to:

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     (i) receive, investigate, and act upon charges of unlawful practices within the jurisdiction

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of the commission; and

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     (ii) in connection with any investigation or hearing held on any matter within the

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jurisdiction of the commission, to hold hearings, administer oaths, take the testimony of any

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person under oath, and to require the production for examination of any books and papers relating

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to any matter under investigation or in question before the commission.

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     42-51-6.3. Committees and mediation teams. - - (1) The commission is authorized to

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create advisory committees and mediation teams to perform tasks within the jurisdiction of the

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commission.

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     (2) The commission may itself, or it may empower the advisory committees and

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mediation teams to:

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     (i) study the concerns of people with disabilities in reaching the maximum in independent

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living and human development and exercising all of the rights and responsibilities accorded to

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citizens of this state;

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     (ii) arouse community interest in the concerns of people with disabilities; and

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     (iii) foster good will through community effort (or otherwise) among the groups and

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elements of the population of the state towards people with disabilities;

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     (iv) attempt by informal methods of conference, persuasion, and conciliation, to induce

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compliance with matters within the jurisdiction of the commission.

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     (3) The advisory committees and mediation teams may make recommendations to the

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commission for the development of policies and procedures in general.

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     (4) Advisory committees and mediation teams created by the commission shall be

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composed of representative citizens serving without pay, but with reimbursement for actual and

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necessary traveling expenses.

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     (5) Three (3) members of an advisory committee shall constitute a quorum for the

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purpose of conducting the business of that committee.

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     SECTION 3. This act shall take effect upon passage.

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LC01589

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STAET AFFAIRS AND GOVERNMENT - GOVERNOR'S COMMISSION

ON DISABILITIES

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     This act would authorize the governor’s commission on disabilities to establish advisory

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committees and mediation teams to assist it in performing various tasks within its jurisdiction,

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and would require the commission to provide an annual report to the legislature and the governor.

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     This act would take effect upon passage.

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LC01589

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