2013 -- S 0862 SUBSTITUTE A

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LC02368/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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J O I N T R E S O L U T I O N

CREATING A BEHAVIORAL HEALTH AND FIREARMS SAFETY TASK FORCE TO

REVIEW, AND MAKE RECOMMENDATIONS FOR, STATUTES RELATING TO

FIREARMS AND BEHAVIORAL HEALTH ISSUES

     Introduced By: Senators Cool Rumsey, Goldin, Walaska, Archambault, and Lombardi

     Date Introduced: April 11, 2013

     Referred To: Senate Judiciary

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     WHEREAS, Recent and well-publicized events, including the tragic shootings at Sandy

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Hook Elementary School in neighboring Connecticut, have called into question how we as a

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society deal with firearm violence and public safety; and

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     WHEREAS, The Rhode Island General Assembly seeks to ensure that the laws of our

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State strike an appropriate balance between preserving the individual freedoms and liberties of

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responsible firearm ownership, on the one hand, and acknowledging that matters of public safety

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are recognized, on the other hand; and

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     WHEREAS, Many of the current laws enacted in our State relating to firearms have not

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been reviewed for decades, and though various governmental stakeholders have come together

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during the 2013 legislative session to propose ways to strengthen these laws, the General

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Assembly believes that it is appropriate to conduct a comprehensive review of these laws; and

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     WHEREAS, It is of particular concern how the Rhode Island statutory framework deals

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with the intersection of behavioral health and firearms safety; and

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     WHEREAS, It is in the best interest of the citizens of Rhode Island to convene a task

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force composed of representatives from the legislative, executive, judicial branches of

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government, and behavioral health community and firearms associations, to conduct a review of

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current law and make recommendations on legislation to improve public safety by developing a

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more comprehensive approach addressing the nexus between behavioral health and firearms

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safety; now, therefore be it

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     RESOLVED, That the Behavioral Health And Firearms Safety Task Force (hereinafter

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referred to as the "Task Force") be and the same is hereby created consisting of the shall consist

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of the following members (it being understood that any member of the Task Force may appoint a

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designee to attend Task Force meetings in his/her absence, and a quorum of the Task Force shall

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consist of a majority of its current membership):

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     (1) Three (3) members of the House of Representatives to be appointed by the Speaker of

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the House, not more than two (2) of whom shall be from the same political party;

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     (2) Three (3) members of the Senate to be appointed by the President of the Senate, not

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more than two (2) of whom shall be from the same political party;

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     (3) Two (2) members selected by the Governor;

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     (4) Attorney General;

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     (5) State Court Administrator;

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     (6) Director of the Department of Public Safety;

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     (7) Director of the Department of Environmental Management;

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     (8) Director of the Department of Behavioral Healthcare, Developmental Disabilities, and

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Hospitals;

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     (9) President of the Police Chiefs' Association;

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     (10) Mental Health Advocate;

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     (11) A public member representing mental health service providers, to be appointed by

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the President of the Senate; and

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     (12) A public member representing substance abuse service providers, to be appointed by

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the Speaker of House and be it further; and

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     (13) Three (3) members representing the Sporting Community as appointed by the state’s

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largest non-profit Sportsman’s organization, the Federated RI Sportsmen’s Club, Inc.; and be it

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further

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     RESOLVED, That the Representative appointed from the political party of the Speaker

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of House and the Senator appointed from the political party of the President of the Senate shall

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call the first meeting of the Task Force, and the members of the Task Force shall, at their first

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meeting, elect a Chairperson, a Secretary, and any other officers they may find necessary; and be

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it further

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     RESOLVED, That the Task Force shall assemble, at the call of the Chairperson or upon

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petition of a majority of its members, upon written notice of each meeting stating the place, day,

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and time of the meeting, along with purpose and/or agenda of the meeting. The written notice

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shall be sent to all representatives not less than seven (7) nor more than ten (10) days before the

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meeting; and be it further

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     RESOLVED, That the Task Force shall assemble no less than two (2) times per month,

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or more often at the call of the Chairperson or upon petition of a majority of its members; and be

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it further

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     RESOLVED, That the Task Force shall perform the following functions with respect to

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the National Instant Criminal Background Check System ("NICS"):

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     (1) Conduct a review of different states' approaches for compliance with the NICS Index

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(which includes information contributed by federal and state agencies identifying persons

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prohibited from possessing firearms because of mental health or substance abuse history) to

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ensure that the state conforms to best practices nationally;

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     (2) Propose legislation and recommendations to support the state's full participation in the

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NICS Index; and

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     (3) Act in an advisory capacity to the relief board, under chapter 40.1-30 of the Rhode

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Island General Laws, until it is fully operational; and be it further

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     RESOLVED, That the Task Force shall review chapter 11-47 of the Rhode Island

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General Laws entitled "Weapons" and chapter 40.1-5 of the Rhode Island General Laws entitled

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"Mental Health Law" and make recommendations to revise such chapters consistent with this

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Joint Resolution, which recommendations shall include, but not be limited to, ensuring (i) The

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privacy of information identifying persons with disqualifying behavioral health adjudications or

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commitments; and (ii) That the definitions used in such chapters related to mental health and

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substance abuse (or in contemporaneous legislation proposed by the Task Force or the Task Force

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on Firearms Statutes) are consistent; and be it further

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     RESOLVED, That the Task Force shall transmit such recommendations to the Governor,

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the Speaker of the House and the President of the Senate on or before January 1, 2014 January 30,

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2014; and be it further

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     RESOLVED, That before transmitting such recommendations to the Governor, the

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Speaker of the House and the President of the Senate, the Task Force shall have conferred with

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the Task Force on Firearms Statutes to ensure that their proposed recommendations for revising

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the Rhode Island General Laws do not conflict; and be it further

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     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

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transmit duly certified copies of this resolution to the Governor, the President of the Senate, and

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the Speaker of the House; and be it further

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     RESOLVED, That upon completion and transmission of its recommendations, the Task

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Force shall be decommissioned and dissolved by June 30, 2014.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T R E S O L U T I O N

CREATING A BEHAVIORAL HEALTH AND FIREARMS SAFETY TASK FORCE TO

REVIEW, AND MAKE RECOMMENDATIONS FOR, STATUTES RELATING TO

FIREARMS AND BEHAVIORAL HEALTH ISSUES

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     This resolution would create a twenty (20) member special legislative study commission

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whose purpose would be to make a comprehensive review of current law and make

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recommendations on legislation to improve public safety by developing a more comprehensive

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approach addressing the nexus between behavioral health and firearm safety, and who would

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report back to the Governor, the Speaker of the House, and the President of the Senate, no later

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than January 30, 2014, and whose life would expire on June 30, 2014.

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LC02368/SUB A/2

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