2023 -- S 0378

========

LC000884

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE

GOVERNMENT

     Introduced By: Senators Gallo, Goodwin, Pearson, DiPalma, F. Lombardi, Felag, Euer,
Miller, and Sosnowski

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-6-1, 42-6-2, 42-6-3 and 42-6-4 of the General Laws in Chapter

42-6 entitled "Departments of State Government" are hereby amended to read as follows:

     42-6-1. Enumeration of departments.

     All the administrative powers and duties heretofore vested by law in the several state

departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the

following departments and other agencies that are specified in this title:

     (a) Executive department (chapter 7 of this title);

     (b) Department of state (chapter 8 of this title);

     (c) Department of the attorney general (chapter 9 of this title);

     (d) Treasury department (chapter 10 of this title);

     (e) Department of administration (chapter 11 of this title);

     (f) Department of business regulation (chapter 14 of this title);

     (g) Department of children, youth and families (chapter 72 of this title);

     (h) Department of corrections (chapter 56 of this title);

     (i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12];

     (j) Department of elementary and secondary education (chapter 60 of title 16);

     (k) Department of environmental management (chapter 17.1 of this title);

     (l) Department of health (chapter 18 of this title);

     (m) Board of governors for higher education (chapter 59 of title 16);

     (n) Department of labor and training (chapter 16.1 of this title);

     (o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter

12.1 of this title);

     (p) Department of human services (chapter 12 of this title);

     (q) Department of transportation (chapter 13 of this title);

     (r) Public utilities commission (chapter 14.3 of this title);

     (s) Department of revenue (chapter 142 of this title);

     (t) Department of public safety (chapter 7.3 of this title).

     (u) Executive office of commerce (chapter 64.19 of this title); and

     (v) Executive office of health and human services (chapter 7.2 of this title).

     (w) Department of housing (chapter 64.34 of this title).

     42-6-2. Heads of departments. Heads of departments, executive offices, and

commissioners of education.

     The governor, secretary of state, attorney general, and general treasurer, hereinafter called

general officers, shall each be in charge of a department. There shall also be a director of

administration, a director of revenue, a director of public safety, a director of human services, a

director of behavioral healthcare, developmental disabilities and hospitals, a director of

transportation, a director of business regulation, a director of labor and training, a director of

environmental management, a director for children, youth and families, and a director of

corrections, a secretary of the executive office of health and human services, a secretary of

commerce of the executive office of commerce, the commissioners of elementary and secondary

education and postsecondary education, and a secretary of housing. Each director, secretary, and

commissioner shall hold office at the pleasure of the governor and he or she shall serve until his or

her successor is duly appointed and qualified unless the director, secretary, or commissioner is

removed from office by special order of the governor.

     42-6-3. Appointment of directors. Appointment of directors, secretaries of executive

offices, and commissioners of education.

     (a) At the January session following his or her election to office, the governor shall appoint

a director of administration, a director of revenue, a director of public safety, a director of human

services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of

transportation, a director of business regulation, a director of labor and training, a director of

environmental management, a director for children, youth and families, and a director of

corrections, a secretary of the executive office of health and human services, a secretary of

LC000884 - Page 2 of 6

commerce, the commissioners of elementary and secondary education and postsecondary education

and a secretary of housing. The governor shall, in all cases of appointment of a director, secretary,

or commissioner, while the senate is in session, notify the senate of his or her appointment and the

senate shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment.

If the senate shall, within sixty (60) legislative days, vote to disapprove the appointment, it shall so

notify the governor, who shall forthwith appoint and notify the senate of the appointment of a

different person as director, secretary, or commissioner, and so on in like manner until the senate

shall fail to so vote disapproval of the governor’s appointment. If the senate shall fail, for sixty (60)

legislative days next after notice, to act upon any appointment of which it has been notified by the

governor, the person so appointed shall be the director, secretary, or commissioner. The governor

may withdraw any appointment of which he or she has given notice to the senate, at any time within

sixty (60) legislative days thereafter and before action has been taken thereon by the senate.

     (b) Except as expressly provided in § 42-6-9, and except that the governor may enter into

a contract of employment for a director of the department of children, youth and families for a

period of time up to three (3) years, no director, secretary, or commissioner, of any department

shall be appointed or employed pursuant to any contract of employment for a period of time greater

than the remainder of the governor’s current term of office. Any contract entered into in violation

of this section after July 1, 1994, is hereby declared null and void.

     42-6-4. Filling of vacancies.

     (a) In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in session,

the governor shall appoint a director, secretary, or commissioner, to hold the office until his or her

successor is appointed and qualified in the same manner as provided in § 42-6-3; provided,

however, that no person so appointed to hold the office until his or her successor is appointed and

qualified shall serve in such position for more than ten (10) days unless that person’s name shall

have been submitted to the senate for its approval.

     (b) In case of a vacancy while the senate is not in session, the governor shall appoint a

director, secretary, or commissioner to hold the office until the next session thereof; provided,

however, that no person should serve in such position for more than three (3) legislative days after

the senate convenes unless that person’s name shall have been submitted to the senate for its

approval.

     (c) In no case shall the governor appoint or designate any person to serve as “interim” or

“acting” director, secretary, or commissioner of any department or office in circumvention of this

section.

     SECTION 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The Rhode

LC000884 - Page 3 of 6

Island Board of Education Act" is hereby amended to read as follows:

     16-97-1.2. Powers and duties of the board of education.

     The board of education shall have the following powers and duties:

     (a) To develop and adopt a strategic plan defining broad goals and objectives for education

in the state. These goals and objectives shall be expressed in terms of the future educational

attainment of the population, quality of life and economy of Rhode Island, including but not limited

to what children, men and women should know and be able to do as a result of their educational

experience and the contributions of education to meeting the workforce and economic development

needs of Rhode Island. The board shall approve the strategic plans for elementary and secondary

education and postsecondary education in terms of the alignment of these strategic plans with the

overall strategic plan of the board of education. The board shall continuously evaluate the efforts

of the council on elementary and secondary education and the council on postsecondary education

to implement the strategic plans and shall review the results of education in the light of these

objectives;

     (b) To prepare and maintain a five (5) year strategic funding plan for all levels of education

in Rhode Island. The board shall determine priorities of expenditures for public education purposes

of state revenues and other public resources made available for the support of public education and

direct the council on elementary and secondary education and the council on postsecondary

education to implement those priorities when developing the annual budget for elementary and

secondary education and higher education. The councils shall present their annual budgets to the

board for its review and approval. Nothing contained in this subdivision shall authorize the board

to alter the allocation of grants or aid otherwise provided by law;

     (c) To develop and submit to the general assembly for approval a performance funding

formula for public higher education that furthers the purposes of the board and ensures that all

students may achieve educational excellence;

     (d) To develop policies that maximize the potential of collaboration from elementary and

secondary education through higher education systems and that improve efficiencies at all levels

of the education system through improved coordination of activities;

     (e) To embrace the legislative findings regarding virtual education established by § 16-

22.1-2 and adopt goals and policies that address these findings and to encourage the council on

elementary and secondary education and the council for postsecondary education to develop and

or improve virtual learning experiences for Rhode Island students;

     (f) To approve the appointment of a commissioner of elementary and secondary education.

     (g) To approve the appointment of a commissioner of postsecondary education.

LC000884 - Page 4 of 6

     (h) To conduct a training course for newly appointed and qualified board members within

six (6) months of their qualification. The course shall be developed by the chairperson of the board,

approved by the board, and conducted by the chairperson of the board. The board may approve the

use of any board or staff members or other individuals to assist with training. The training course

shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14

of title 36, and chapter 2 of title 38; and the board’s own rules.

     SECTION 3. This act shall take effect on January 1, 2025.

========

LC000884

========

LC000884 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE

GOVERNMENT

***

     This act would require that the secretary of the executive office of health and human

services (EOHHS), the secretary of commerce of the commerce corporation and the commissioners

of elementary and secondary education and postsecondary education, and the secretary of housing

be appointed by the governor subject to the approval of the senate. Senate approval would also be

required for most temporary appointments to these positions.

     This act would take effect on January 1, 2025.

========

LC000884

========

LC000884 - Page 6 of 6