2025 -- S 0300 | |
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LC000281 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO AGRICULTURE AND FORESTRY -- FOREST CONSERVATION ACT -- | |
COMPOSITION OF STATE BOARDS AND COMMISSIONS, PUBLIC AUTHORITIES, AND | |
QUASI-PUBLIC CORPORATIONS | |
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Introduced By: Senators Bell, Valverde, Ujifusa, DiMario, and Mack | |
Date Introduced: February 13, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 2-27-3 of the General Laws in Chapter 2-27 entitled "Forest |
2 | Conservation Act" is hereby amended to read as follows: |
3 | 2-27-3. Forest conservation commission. |
4 | (a)(1) There is established the forest conservation commission consisting of the directors |
5 | of the department of environmental management and the department of administration, or their |
6 | respective designees; and nine (9) eight (8) public members to be appointed by the director of the |
7 | department of environmental management. The public appointees shall include at least one member |
8 | with knowledge or experience in forestry; one member with knowledge or experience with urban |
9 | and community forestry; one member familiar with land use and community planning issues; one |
10 | member active in land preservation; one member representing forest landowners; one member |
11 | representing an environmental organization; and one member with knowledge of forest habitat; and |
12 | one member representing a forest products business. No person shall be eligible for appointment |
13 | pursuant to this section unless he or she is a resident of this state. |
14 | (2) The members shall serve for terms of five (5) years each; provided, however, that of |
15 | the members first appointed, one shall serve for one year, one shall serve for two (2) years, one |
16 | shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall |
17 | serve for five (5) years, from January first next succeeding their appointment, as the director shall |
18 | designate. |
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1 | (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same |
2 | manner as the original appointment. |
3 | (4) Upon expiration of a member’s term, that member shall continue as a member until that |
4 | member’s successor is appointed and qualified. Any person serving a term shall be eligible for |
5 | appointment. |
6 | (b) No member, including ex officio members, shall receive compensation for the |
7 | performance of his or her duties as a member; provided, however, that each appointed member may |
8 | be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during |
9 | the performance of his or her official duties. |
10 | (c)(1) The commission shall designate annually from its members a chairperson and a vice |
11 | chairperson. |
12 | (2) Whenever public hearings are required under this chapter, or whenever the commission |
13 | determines a public hearing is appropriate, the commission shall use reasonable efforts to hold |
14 | those hearings at a place or places that will reasonably accommodate the interested parties. |
15 | (3) Seven (7) Six (6) voting members of the commission shall constitute a quorum for the |
16 | transaction of any business or the exercise of any power of the commission. Except as otherwise |
17 | provided in this chapter, the commission shall have the power to act by a majority of the members |
18 | present at any meeting at which a quorum is in attendance. |
19 | (d) The director may remove any member for cause or misconduct in office after giving |
20 | him or her a copy of the charges against him or her and an opportunity to be heard, in person or by |
21 | counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be |
22 | removed, the director shall file in the office of the secretary of state a complete statement of charges |
23 | made against the member and his or her findings, together with a complete record of the |
24 | proceedings. |
25 | (e) The director shall have the authority to establish subcommittees to fulfill the purposes |
26 | of the commission. The subcommittee members shall be advisory to the commission and shall be |
27 | comprised of key stakeholders representative of the issue(s) to be addressed. |
28 | SECTION 2. Section 5-6-4 of the General Laws in Chapter 5-6 entitled "Electricians" is |
29 | hereby amended to read as follows: |
30 | 5-6-4. Board of examiners — Composition — Appointment of members — Policy- |
31 | making role. |
32 | (a)(1) There is created in the division of professional regulation, in the department of labor |
33 | and training, a state board of examiners of electricians that at all times consists of seven (7) six (6) |
34 | qualified electors of the state as follows: |
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1 | (i) A member of an electrical inspection department of any city or town with, at least, five |
2 | (5) years’ experience as an electrical inspector to represent the general public; |
3 | (ii) A qualified electrical contractor to represent employers; |
4 | (iii) A journeyperson electrician to represent labor; |
5 | (iv) The state fire marshal, who is ex officio, or his or her designee; |
6 | (v) A qualified employee of any electric utility company to represent the utility companies; |
7 | (vi) A journeyperson electrician to represent organized labor selected from a list of three |
8 | (3) persons submitted to the governor by the American Federation of Labor — Congress of |
9 | Industrial Organizations (AFL-CIO); and |
10 | (vii) A member of the Rhode Island Sign Contractors Association. |
11 | (2) On or before January 31, the governor shall annually appoint a member or members of |
12 | the board to succeed the member or members whose term is at that time expiring who shall serve |
13 | for four (4) years or until his or her successor is elected and qualified. Any vacancy that occurs in |
14 | the board from any cause shall be filled by the governor for the remainder of the unexpired term. |
15 | (b) The board has a policy-making role in the preparation and composition of the |
16 | examinations to be administered by the division. Subsequent to the administration of the |
17 | examinations, the board of examiners shall review the examinations to evaluate their effectiveness. |
18 | The board shall supervise the operation of the division in an advisory capacity in promulgating any |
19 | policy that is necessary to improve the operation of the division in their area of expertise. The |
20 | promulgation of that policy is subject to the approval of the director of the department. Members |
21 | of the board are subject to the provisions of chapter 14 of title 36. |
22 | (c) The director of labor and training has the power to revoke or suspend the certificate or |
23 | license or impose a fine upon the certificate or license holder, for all certificates and licenses issued |
24 | by the division of professional regulation, after a hearing before and upon the recommendation of |
25 | the board of examiners of electricians. |
26 | SECTION 3. Section 5-13-3 of the General Laws in Chapter 5-13 entitled "Horse Riding |
27 | Schools" is hereby amended to read as follows: |
28 | 5-13-3. Board of inspection. |
29 | (a) There is created in the department of environmental management a state board of |
30 | inspection of horse riding schools to consist of three (3) qualified electors of the state: |
31 | (1) The general agent of the Rhode Island Society for the Prevention of Cruelty to Animals; |
32 | (2) A duly qualified and licensed veterinarian to be appointed by the director of the |
33 | department of environmental management; and |
34 | (3) The owner or operator of a riding school in this state who is not the owner to be |
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1 | appointed by the director. |
2 | (b) The general agent of the Rhode Island Society for the Prevention of Cruelty to Animals |
3 | shall serve as a member of the board during the time he or she holds his or her position as general |
4 | agent. The other members of the board shall serve at the pleasure of the director of the department |
5 | of environmental management. All the members of the board shall serve without compensation but |
6 | are allowed their actual expenses incurred in the performance of their duties. The director of the |
7 | department of environmental management shall furnish to the board necessary clerical assistance |
8 | and supplies. |
9 | SECTION 4. Section 5-19.1-3 of the General Laws in Chapter 5-19.1 entitled "Pharmacies" |
10 | is hereby amended to read as follows: |
11 | 5-19.1-3. State board of pharmacy — Creation — Membership — Oath — Vacancies. |
12 | (a) Within the department of health, there shall be a board of pharmacy, consisting of nine |
13 | (9) five (5) individuals, residents of the state of Rhode Island, one of whom shall be a registered |
14 | pharmacist who is currently employed in the department of pharmacy at a hospital corporation in |
15 | the state of Rhode Island during his or her term of appointment; two (2) of whom shall be actively |
16 | engaged in the practice of independent retail pharmacy; two (2) of whom shall be representatives |
17 | of the Rhode Island drug chain stores; two (2) of whom shall be actively engaged in any field of |
18 | pharmacy practice; and two (2) of whom shall be from the public. All members, except the public |
19 | members, shall be registered pharmacists and shall have been a licensed pharmacist for five (5) |
20 | consecutive years in the state of Rhode Island immediately prior to appointment. |
21 | (b) Members of the board shall hold office for a term of three (3) years. Appointment of |
22 | members shall occur as individual appointments expire, such that the composition of the board will |
23 | not be altered. All appointments shall be made by the director of health with the approval of the |
24 | governor. |
25 | (c) No person who has been appointed to and served for three (3) full consecutive three- |
26 | year (3) terms shall be eligible for appointment to the board. |
27 | (d) Each member shall qualify by taking the usual oath of a state officer, which shall be |
28 | filed with the secretary of state, and each member shall hold office for the term of his or her |
29 | appointment and until his or her successor is appointed and qualified. |
30 | In the case of the resignation or disqualification of a member, or a vacancy occurring from |
31 | any cause, the director shall appoint a successor for the unexpired term. |
32 | SECTION 5. Section 5-20.7-4 of the General Laws in Chapter 5-20.7 entitled "Real Estate |
33 | Appraiser Certification Act" is hereby amended to read as follows: |
34 | 5-20.7-4. Creation of board — Composition — Appointment, terms, and |
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1 | compensation of members. |
2 | (a)(1) Within the department of business regulation, there is created the Rhode Island real |
3 | estate appraisers board which shall consist of ten (10) members to be appointed by the governor. |
4 | Six (6) of the board members shall be practicing former and non-practicing appraisers and, for the |
5 | initial board appointment, shall be former members in good standing of one of the following |
6 | professional associations or the successor associations: the American Institute of Real Estate |
7 | Appraisers, the Society of Real Estate Appraisers, the International Right of Way Association, the |
8 | National Association of Independent Fee Appraisers, or the International Association of Assessing |
9 | Officers. Where possible, at least one but not more than two (2) appraiser appointments shall be |
10 | from the membership of each of these professional organizations. |
11 | (2) One board member shall be a member of the general public, and shall not be engaged |
12 | in the practice of real estate appraisal. One board member shall hold a real estate license under |
13 | chapter 20.5 of this title and shall not be a state-certified real estate appraiser. One member shall |
14 | be a representative of the Rhode Island banking industry. The director of the department of business |
15 | regulation or the director’s designee shall serve at all times as a member of the board ex officio |
16 | without voting privileges. |
17 | (3) The term of office of the initial members and the powers of the initial board expire on |
18 | December 31, 1991. |
19 | (b) Commencing January 1, 1992, and subsequently, the board shall consist of ten (10) |
20 | members: |
21 | (1) Six (6) members shall be state-certified appraisers: |
22 | (i) Two (2) appraiser members shall be appointed for a term of three (3) years; |
23 | (ii) Two (2) members for a term of two (2) years; and |
24 | (iii) Two (2) members for a term of one year; |
25 | (2) One board member shall be a member of the general public, appointed for a term of |
26 | three (3) years, and shall not be engaged in the practice of real estate appraisal; |
27 | (3) One board member shall hold a real estate license under chapter 20.5 of this title, |
28 | appointed for a term of two (2) years and shall not be a state-certified real estate appraiser; |
29 | (4) One member shall be a representative of the Rhode Island banking industry and shall |
30 | be appointed for a term of one year; and |
31 | (5) The director of the department of business regulation, or his or her designee, shall serve |
32 | at all times as a member of the board ex officio without voting privileges. |
33 | (c)(1) Successors of all members shall each be appointed for terms of three (3) years and |
34 | until their successors are appointed and qualified by subscribing to the constitutional oath of office, |
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1 | which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the |
2 | unexpired term. No member shall be appointed to succeed himself or herself for more than two (2) |
3 | terms. Upon qualification of the appointed members, the board shall organize by selecting from its |
4 | members a chairperson and vice-chairperson with a term of office of one year. |
5 | (2) The board shall meet not less than once each month or as necessary in order to conduct |
6 | its business, the dates and times of which shall be decided by a vote of the members. |
7 | (3) Each real estate appraiser member of the board appointed as of January 1, 1992, must |
8 | be a state-certified real estate appraiser. At least one-half (½) of the appraiser members shall hold |
9 | the general appraisal certificate and not less than two (2) shall hold the residential appraisal |
10 | certificate. |
11 | (4) Upon expiration of their terms, members of the board shall continue to hold office until |
12 | the appointment and qualification of their successors. The appointing authority may remove a |
13 | member for cause. |
14 | (5) A quorum of the board is a majority of the voting members of the board members |
15 | appointed and/or sitting, whichever is less, with at least three (3) of these members required to be |
16 | appraiser members. |
17 | (6) The department of business regulation, with the assistance of the board, shall implement |
18 | a program for recertification on or before July 1, 1992, and establish any reasonable rules and |
19 | regulations that are appropriate to insure that the examination, education, and experience |
20 | requirements of certificate and license holders meet the public interest and the minimum standards |
21 | of the Appraisal Foundation. |
22 | (d) [Deleted by P.L. 2023, ch. 163, § 1 and P.L. 2023, ch. 164, § 1.] |
23 | (e) No member of the board shall receive compensation for their official duties on the board |
24 | but shall be reimbursed for their actual and necessary expenses incurred in the performance of their |
25 | official duties. |
26 | SECTION 6. Section 5-38-2 of the General Laws in Chapter 5-38 entitled "Automobile |
27 | Body Repair Shops" is hereby amended to read as follows: |
28 | 5-38-2. Duties of department of business regulation — Advisory board. |
29 | (a) The department of business regulation shall issue licenses as provided for in § 5-38-6; |
30 | and shall authorize the transfer of licenses and the establishment of new offices for previously |
31 | licensed auto body repair shops. In addition to licensing, the department’s oversight of auto repair |
32 | shops shall be limited to: |
33 | (1) Acting on complaints from consumers and law enforcement officials; and |
34 | (2) Revoking, suspending, or taking other disciplinary actions with respect to facilities, |
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1 | corporations, or persons licensed under this chapter; and |
2 | The department of business regulation shall adopt reasonable rules and regulations for the |
3 | licensing of automobile body repair shops and schools for the instruction in automobile body repair. |
4 | (b) To establish within the department of business regulation, divisions of commercial |
5 | licensing and regulation, the auto collision repair licensing advisory board consisting of nine (9) |
6 | seven (7) members appointed by the governor, consisting of the following, who shall serve a term |
7 | of five (5) years: |
8 | (1) One president, or his or her designee, from an association of independent, non- |
9 | networked, Rhode Island auto body shops; |
10 | (2) Two (2) representatives from the department of business regulation; |
11 | (3) One from the association of new car dealers; |
12 | (4) One from the insurance industry; |
13 | (5) One from law enforcement; |
14 | (6) One from the general public; and |
15 | (7) One from the glass installation/repairers industry; and |
16 | (8) One from an association representing network or direct repair auto body repair shops. |
17 | (c) The board may adopt, amend, and rescind rules and regulations as necessary to carry |
18 | out the provisions of this chapter with the prior approval of the director. |
19 | (d) The board may oversee investigations of conduct deemed unprofessional against any |
20 | licensed facility, person, or corporation subject to this chapter and may hold hearings to determine |
21 | whether the charges are substantiated or unsubstantiated. |
22 | (e) The board may recommend to the director of the department of business regulation that |
23 | the director license qualified applicants. |
24 | (f) The board may meet at least once a month or more often upon the call of the chairperson |
25 | or director of the department of business regulation. |
26 | (g) To recommend to the director of the department of business regulation to revoke, |
27 | suspend, or take other disciplinary action with respect to facilities, corporations, or persons licensed |
28 | under this chapter. |
29 | (h) To adopt and publish, with the prior approval of the director of the department of |
30 | business regulation, rules of procedure and other regulations in accordance with the administrative |
31 | procedure act, chapter 35 of title 42. |
32 | (i) The board members shall receive no compensation. |
33 | (j) Following each monthly board meeting, the board may, if consistent with the public |
34 | interest, submit any: (1) Unresolved issue reasonably related to its jurisdiction under this statute to |
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1 | the director of the department of business regulation for his or her review at his or her discretion; |
2 | or (2) Seek a declaratory ruling pursuant to central management regulation 3 (“declaratory rulings |
3 | and petitions from the director”) as to any unresolved issue within the scope of this statute. |
4 | (k) Board members shall continue to serve until their replacement is named. |
5 | SECTION 7. Section 5-68.1-3 of the General Laws in Chapter 5-68.1 entitled "Radiologic |
6 | Technologists" is hereby amended to read as follows: |
7 | 5-68.1-3. Board — Composition — Appointment and terms of members — Duties. |
8 | (a) Within the Rhode Island department of health there shall be a board of radiologic |
9 | technology consisting of seven (7) members as follows: |
10 | (1) One member shall be a member of the public who has no financial interest in radiologic |
11 | technology other than as a consumer or possible consumer of its services. They shall have no |
12 | financial interest personally or through a spouse. |
13 | (2) Two (2) members of the board shall be former licensed practitioners, one of whom shall |
14 | be a former radiologist who utilizes utilized ionizing radiation in the normal course of his or her |
15 | practice. Nominations for the licensed practitioner board members shall be submitted by the Rhode |
16 | Island Medical Society and the Rhode Island Radiological Society to the director for approval. |
17 | (3)(i) Three (3) members of the board shall be formerly licensed under this chapter. One |
18 | shall be from radiography, one shall be from nuclear medicine, and one shall be from radiation |
19 | therapy. |
20 | (ii) The director shall appoint as radiologic technologist members of the board, individuals |
21 | currently practicing who practiced as registered radiologic technologists in Rhode Island. |
22 | (4) One member shall be a representative of the hospital association who shall be |
23 | nominated by the Hospital Association of Rhode Island and submitted to the director for approval. |
24 | (5)(i) The director, with the approval of the governor, shall make appointments for a three- |
25 | year (3) term, but no individual shall serve more than two (2) consecutive terms. Members of the |
26 | board as of the effective date of this chapter, who were previously appointed pursuant to § 5-68-4, |
27 | shall continue to serve for the remainder of their appointed term. |
28 | (ii) In the event of a vacancy in one of the positions, the director, with the approval of the |
29 | governor, may appoint an individual who shall fill the unexpired term. |
30 | (6) The board shall meet during the first month of each calendar year to select a chairperson |
31 | and for other purposes. At least one additional meeting shall be held during each calendar year. |
32 | Meetings may also be called at any time by the chairperson, the director, or by written request of |
33 | two (2) members of the board. A majority of the fully authorized board constitutes a quorum. |
34 | (b) The duties of the board shall be as follows: |
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1 | (1) To evaluate the qualifications of applicants and review the required examination results |
2 | administered by a testing agency approved by the board; |
3 | (2) To recommend to the director the issuance of licenses to applicants who meet the |
4 | requirements of this chapter; |
5 | (3) To administer, coordinate, and enforce the provisions of this chapter and investigate |
6 | persons engaging in practices that may violate the provisions of the chapter; |
7 | (4) To recommend to the director the denial or revocation of licenses to practice radiologic |
8 | technology as provided in this chapter; and |
9 | (5) To recommend to the director adoption of rules and regulations pursuant to this chapter. |
10 | SECTION 8. Section 16-42-3 of the General Laws in Chapter 16-42 entitled "Education of |
11 | Gifted Children [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby |
12 | amended to read as follows: |
13 | 16-42-3. State advisory committee. |
14 | (a) A state advisory committee shall be established by the department of elementary and |
15 | secondary education. The committee shall be comprised of not less than fifteen (15) fourteen (14) |
16 | members: one of whom shall be the chairperson of the house finance committee or designee; one |
17 | of whom shall be the chairperson of the senate finance committee or designee; one of whom shall |
18 | be representative of the Rhode Island association of school superintendents; two (2) of whom shall |
19 | be representatives of the Rhode Island association of school principals; two (2) of whom shall be |
20 | school teachers; one of whom shall be representative of the state council on the arts; one of whom |
21 | shall be a representative of a gifted project; two (2) of whom shall be educator representatives of |
22 | higher education; one of whom shall be representative of the Rhode Island association of school |
23 | committees; and two (2) of whom shall be representatives of the public who shall be parents; and |
24 | one of whom shall be representative of business/industry. |
25 | (b) In appointing members to the state advisory committee, the commissioner of |
26 | elementary and secondary education shall ensure equal access and opportunity for participation to |
27 | all interested parties. Members of the state advisory committee shall serve without compensation |
28 | and shall meet a minimum of four (4) times a year. The advisory committee shall advise the |
29 | commissioner of elementary and secondary education on all matters pertaining to the education of |
30 | gifted and talented students. |
31 | SECTION 9. Sections 16-53-2 and 16-53-8 of the General Laws in Chapter 16-53 entitled |
32 | "Rhode Island Board of Trustees on Career and Technical Education [See Title 16 Chapter 97 — |
33 | The Rhode Island Board of Education Act]" are hereby amended to read as follows: |
34 | 16-53-2. Composition of board of trustees. |
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1 | (a) The board of trustees shall be composed of fifteen (15) members appointed by the |
2 | governor in staggered terms; all the members shall serve until their successors are appointed and |
3 | qualified, except as otherwise provided for in subsection (b) of this section. In the month of March, |
4 | the governor shall appoint members to succeed the members whose term will then next expire for |
5 | a term of three (3) years commencing on the first day of July then next following and until the |
6 | successor is named and qualified. A member shall be eligible to succeed himself or herself. A |
7 | vacancy other than by expiration shall be filled in the same manner as an original appointment but |
8 | only for the unexpired portion of the term. |
9 | (b) The fifteen (15) members of the board of trustees shall be limited to nine (9) consecutive |
10 | years of service and shall consist of: |
11 | (1) Nine (9) individuals who are representative of the private employment sector in the |
12 | following manner members of the public having previously served in the private employment |
13 | sector: |
14 | (i) Five (5) of whom shall be representative of business, industry, and agriculture including: |
15 | (A) Two (2) members who are representatives of general business concerns; |
16 | (B) One member who is a representative of small business concerns; |
17 | (C) One member who is a private sector member of the governor’s workforce board, or the |
18 | Rhode Island workforce investment board, or state job training coordinating council (established |
19 | pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C. § 1532); and |
20 | (D) One member who is a representative of the CTE trust established pursuant to this |
21 | chapter; |
22 | (ii) Two (2) members who are representatives of labor organizations, one of whom must |
23 | be a career and technical teacher; and |
24 | (iii) Two (2) members from trade associations representing employers in the state. |
25 | (2) Five (5) individuals who are representative of secondary and postsecondary educational |
26 | institutions including: |
27 | (i) One member who is a representative of the Rhode Island association of school |
28 | superintendents; |
29 | (ii) One member who is a representative or the director of career and technical education |
30 | programs and/or facilities; |
31 | (iii) The commissioner of elementary and secondary education, or his/her designee: |
32 | (iv) The commissioner of higher education, or his/her designee: and |
33 | (v) One member who is a representative of adult education and skills training. |
34 | (3) The secretary of commerce or his/her designee shall be the fifteenth (15th) member ex |
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1 | officio. |
2 | (c) In selecting individuals to serve on the state board, due consideration shall be given to |
3 | the appointment of individuals who serve on a private industry council under the Job Training |
4 | Partnership Act (established pursuant to 29 U.S.C. § 1512), or on councils established under other |
5 | related federal acts. |
6 | (d) Members of the board of trustees may not represent more than one of the above- |
7 | specified categories, and there shall be appropriate representation of both sexes, racial, and ethnic |
8 | minorities, and the various geographic regions of the state. |
9 | (e) The state shall certify the establishment and membership of the state board of trustees |
10 | at least ninety (90) days prior to the beginning of each planning period described in § 113(a)(1) of |
11 | United States Public Law 98-524, 20 U.S.C. § 2323(a)(1). |
12 | 16-53-8. Creation of career and technical education trust. |
13 | (a) Rhode Island CTE trust established. Effective January 15, 2015, there is hereby created |
14 | a permanent, not-for-profit corporation to be known as the Rhode Island CTE trust on career and |
15 | technical education. |
16 | (b) Composition of the CTE trust. The power of the trust shall be vested in nine (9) |
17 | members appointed originally by the governor in staggered terms. All the members shall serve until |
18 | their successors are appointed and qualified. After the original appointments, the CTE trust shall |
19 | have authority to appoint successors to fill terms for seven (7) of the members set forth in subsection |
20 | (d)(1) of this section. |
21 | (c) The CTE trust shall coordinate with, but shall remain independent from, both RIDE and |
22 | the board of education. |
23 | (d) The membership of the CTE trust shall be as follows: |
24 | (1) Seven (7) individuals who are formerly representative of the private sector in the state |
25 | who shall constitute a majority of the membership. From among this group, five (5) members shall |
26 | be formerly representative of business, industry, and agriculture, including, but not limited to: |
27 | (i) At least one representative from the various trades that are performed in the state; and |
28 | (ii) At least one representative from any trade association representing various career and |
29 | technical education career clusters established by the U.S. Department of Education. |
30 | (2) The secretary of commerce for Rhode Island; and |
31 | (3) A member of the governor’s workforce training board, appointed by the governor. The |
32 | governor shall make the reappointment to this position. |
33 | (e) A member shall be eligible to succeed himself or herself. |
34 | (f) The governor shall make all appointments to the CTE trust on or before January 15, |
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1 | 2015. |
2 | SECTION 10. Section 21-28.11-6 of the General Laws in Chapter 21-28.11 entitled "The |
3 | Rhode Island Cannabis Act" is hereby amended to read as follows: |
4 | 21-28.11-6. Cannabis advisory board. |
5 | (a) There is hereby established a cannabis advisory board, which is directed to work in |
6 | collaboration with the commission and the administrator of the cannabis office to advise and issue |
7 | recommendations on the use, commerce, regulation and effects of adult-use and medical cannabis |
8 | within the state. The advisory board shall additionally provide recommendations to the commission |
9 | regarding the administration and distribution of the social equity assistance fund established |
10 | pursuant to § 21-28.11-31. |
11 | (b) Membership. The advisory board shall consist of eleven (11) voting members, and |
12 | eight (8) non-voting members. |
13 | (1) The board shall consist of the following non-voting members: the secretary of |
14 | commerce or designee, the director of the department of labor and training or designee, the director |
15 | of the department of health or designee, the commissioner of education or designee, the |
16 | superintendent of public safety or designee, the director of the department of business regulation |
17 | or designee, the secretary of the Executive Office of Health and Human Services (EOHHS) or |
18 | designee, and a representative from the University of Rhode Island College of Pharmacy selected |
19 | by the commission. |
20 | (2) The board shall consist of the following voting members: a social equity officer, who |
21 | shall be appointed by the governor and serve as chair of the advisory board; two (2) additional |
22 | members to be appointed by the governor, one of whom shall represent the cannabis laboratory |
23 | testing industry, and one of whom shall be appointed in accordance with subsection (e) of this |
24 | section; four (4) members to be appointed by the speaker of the house, one of whom shall represent |
25 | the cannabis cultivation industry, and three (3) of whom to be appointed in accordance with |
26 | subsection (e) of this section; and four (4) members to be appointed by the president of the senate, |
27 | one of whom shall represent the cannabis retail industry, and three (3) of whom to be appointed in |
28 | accordance with subsection (e) of this section. Any representative of a particular industry pursuant |
29 | to this section shall not have any direct financial interest in the industry they are representing. |
30 | (c) Term of voting members. The voting members shall be appointed to serve three (3) |
31 | year terms or until a successor is appointed. In the event of vacancy, the vacancy shall be filled in |
32 | the manner of the original appointment for the remainder of the term. |
33 | (d) Compensation. The appointed members and representatives shall receive no |
34 | compensation for their services. |
| LC000281 - Page 12 of 41 |
1 | (e) Representation. The members of the advisory board appointed by the governor, the |
2 | speaker of the house and the president of the senate pursuant to the provisions of the chapter shall |
3 | to the extent possible be individuals with expertise in the following areas: public and behavioral |
4 | health, substance use disorder treatment, effective rehabilitative treatment for adults and juveniles, |
5 | homelessness and housing, economic development, criminal justice, law enforcement and drug |
6 | policy. Further, the advisory board shall include representation from communities most impacted |
7 | by cannabis prohibition, such as individuals with prior drug convictions, the formerly incarcerated, |
8 | and representatives of organizations servicing communities impacted by past federal and state drug |
9 | policies. |
10 | (f) Quorum. To take action at a meeting, a majority of voting members of the board must |
11 | be present and voting to constitute a quorum. |
12 | (g) Role and responsibilities. The advisory board shall: |
13 | (1) Consider all matters submitted to the board by the cannabis control commission; |
14 | (2) Advise and make recommendations to the commission on the preparation and |
15 | promulgation of guidelines, rules and regulations and any changes to guidelines, rules and |
16 | regulations that the advisory board deems fundamental or necessary for the commission’s review |
17 | and consideration; |
18 | (3) Provide analysis and recommendations to the commission relating to the administration |
19 | and distribution of the social equity assistance fund established pursuant to § 21-28.11-31; |
20 | (4) Conduct all meetings in compliance with chapter 46 of title 42 (the “open meetings |
21 | act”); and |
22 | (5) Report the findings, analysis, recommendations and conclusions adopted and approved |
23 | by the board to the commission within thirty (30) days of adoption and approval. |
24 | (h) Subcommittees. The chair may appoint subcommittees in order to develop and report |
25 | recommendations and to expedite the work of the board; provided, however, that the chair shall |
26 | appoint: |
27 | (1) A subcommittee on public health to develop recommendations on: products, labeling, |
28 | marketing, advertising, related public health issues; potency, which may include a recommended |
29 | maximum limit for individual servings of cannabis products; and packaging, which may include |
30 | the development and implementation of a public health warning to appear on cannabis products; |
31 | (2) A subcommittee on public safety and community mitigation to develop |
32 | recommendations on law enforcement, property, business, consumer, and any other issues that may |
33 | have an affect on the locality of the cannabis establishment and the surrounding environment; |
34 | (3) A subcommittee on the cannabis industry to develop recommendations on cultivation, |
| LC000281 - Page 13 of 41 |
1 | processing, manufacturing, transportation, distribution, seed-to-sale tracking systems and market |
2 | stability; |
3 | (4) A subcommittee on market participation to develop recommendations on minority and |
4 | veteran-owned businesses, local agriculture and growing cooperatives; and |
5 | (5) A subcommittee on social equity to develop recommendations on remedying the harm |
6 | to individuals directly and adversely impacted by the past enforcement of cannabis-related laws. |
7 | SECTION 11. Section 23-1.7-2 of the General Laws in Chapter 23-1.7 entitled "Rhode |
8 | Island Program to Address Alzheimer’s Disease" is hereby amended to read as follows: |
9 | 23-1.7-2. Creation of advisory council. |
10 | (a) There is hereby established a council to be called the “advisory council on Alzheimer’s |
11 | disease and related disorders.” The advisory council shall consist of nineteen (19) sixteen (16) |
12 | members to be composed as follows: the lieutenant governor, or designee; the director of the |
13 | department of health, or designee; the director of the office of healthy aging, or designee; the |
14 | chairperson of the long-term care coordinating council; three (3) members appointed by the |
15 | lieutenant governor, one of whom shall be appointed solely by the lieutenant governor without |
16 | reference to any list; one of whom shall be appointed and selected from a list of five (5) names of |
17 | individuals submitted by the speaker of the house, with two (2) individuals having experience as |
18 | caregivers of persons with Alzheimer’s disease and related disorders and reflecting diverse |
19 | backgrounds, including diversity in race and ethnicity; one of whom shall be appointed and selected |
20 | from a list of five (5) names of individuals submitted by the president of the senate, with two (2) |
21 | individuals having experience as caregivers of persons with Alzheimer’s disease and related |
22 | disorders and reflecting diverse backgrounds, including race and ethnicity; one member appointed |
23 | by the speaker of the house; one member appointed by the president of the senate; and ten (10) |
24 | members appointed by the governor. The members appointed by the governor shall include one |
25 | member who is an Alzheimer’s disease patient advocate; one member who is an Alzheimer’s |
26 | disease caregiver; one member who is a healthcare provider; one member who is a researcher with |
27 | Alzheimer’s-related expertise in basic, translational, clinical, or drug-development science; one |
28 | member who is a representative from an Alzheimer’s disease organization that funds research and |
29 | has demonstrated experience in care and patient services; one member from an Alzheimer’s |
30 | advocacy organization that provides services to families and professionals, including information |
31 | and referrals, support groups, care consultation, education, and safety services; one member who |
32 | is a representative from an organization focused on Alzheimer’s workforce development; one |
33 | member who is a representative from the long-term-care industry; and one member who will |
34 | represent the adult primary care community; and one member who is a representative of a |
| LC000281 - Page 14 of 41 |
1 | healthcare insurer. Advisory council members shall select their own chairperson. Ten (10) members |
2 | shall constitute a quorum. |
3 | (b) The member appointed by the speaker of the house, the member appointed by the |
4 | president of the senate, and three (3) members appointed by the governor shall be initially appointed |
5 | for a term to expire July 1, 2020, and four (4) members to be appointed by the governor shall be |
6 | initially appointed for a term to expire July 1, 2021. After the initial term, the appointed members |
7 | shall serve two-year (2) terms, until their successor is appointed. |
8 | SECTION 12. Section 23-4.1-2 of the General Laws in Chapter 23-4.1 entitled |
9 | "Emergency Medical Transportation Services" is hereby amended to read as follows: |
10 | 23-4.1-2. Ambulance service coordinating advisory board. |
11 | (a) The ambulance service coordinating advisory board is hereby created and shall consist |
12 | of twenty-five (25) members appointed as set out in this section. The governor shall appoint the |
13 | members of the board as follows: (1) One mayor, town administrator, town manager, or other |
14 | municipal official recommended by the senate president; (2) Eight (8) former, non-practicing, |
15 | licensed emergency medical technicians as follows: three (3) from a full-time, paid department, |
16 | who shall be recommended from the Rhode Island State Association of Fire Fighters, IAFF, AFL- |
17 | CIO; two (2) who are active E.M.S. administrators, one recommended by the Rhode Island |
18 | Association of Fire Chiefs and one recommended by the Rhode Island State Firemen’s League |
19 | from a volunteer fire department; and two (2) recommended by the speaker of the house and one |
20 | recommended by the senate president; (3) One from the R.I. Hospital Association; (4) One from |
21 | the R.I. Medical Society; (5) One from the R.I. chapter of the American College of Surgeons, |
22 | committee on trauma; (6) One from the R.I. chapter of the American College of Emergency |
23 | Physicians; (7) One from the Rhode Island chapter of the American Academy of Pediatrics; (8) |
24 | Two (2) former employees from a professional ambulance service; (9) Two (2) from the general |
25 | public; (10) Two (2) from Providence county who are active members of a public ambulance |
26 | service or fire department rescue squad unit, one from a full-time paid department and one from a |
27 | volunteer department; (11) Four (4), one each from the counties of Kent, Newport, Bristol, and |
28 | Washington, who shall be members of a public ambulance service or a fire department rescue |
29 | squad; and (12) One certified, emergency nurse in current practice who is a member of the |
30 | Emergency Room Nurses Association. The members of the board shall be chosen and shall hold |
31 | office for five (5) years and until their respective successors are appointed and qualified. In the |
32 | month of February in each year, the governor shall appoint successors to the members of the board |
33 | whose terms shall expire in that year, to hold office until the first day of March in the fifth (5th) |
34 | year after their appointment and until their respective successors are appointed and qualified. Any |
| LC000281 - Page 15 of 41 |
1 | vacancy that may occur in the board shall be filled by appointment for the remainder of the |
2 | unexpired term in the same manner as the original appointment. Each member may designate a |
3 | representative to attend in his or her absence by notifying the chair prior to that meeting of the |
4 | board. The board shall meet at least quarterly and to elect its officers annually. |
5 | (b) The division of emergency medical services of the department of health shall provide |
6 | staff support to the board. |
7 | SECTION 13. Section 23-17-13.1 of the General Laws in Chapter 23-17 entitled |
8 | "Licensing of Healthcare Facilities" is hereby amended to read as follows: |
9 | 23-17-13.1. Health services council. |
10 | (a) There shall be established a health services council consisting of twelve (12) members, |
11 | four (4) of whom shall be appointed by the speaker of the house, one who shall be an expert in |
12 | healthcare economic and policy matters, and a second who shall represent the insurance business; |
13 | four (4) of whom shall be appointed by the president of the senate, one who shall represent the |
14 | business community, and a second who shall represent the general public; and four (4) of whom |
15 | shall be appointed by the governor, one who shall represent the office of the health insurance |
16 | commissioner, a second who shall represent the executive office of health and human services, a |
17 | third who shall represent the health insurance business, but not be an employee of any particular |
18 | insurance company, and a fourth who shall represent the executive office of commerce. All |
19 | members shall serve until the first day of July in the third year after appointment or until their |
20 | respective successors are appointed and qualified. Any vacancy of a member appointed that may |
21 | occur in the council shall be filled by appointment by the respective appointing authority for the |
22 | remainder of the unexpired term. The council may also serve as an advisory council as authorized |
23 | by § 23-16-3. |
24 | (b) A person may not be a member of the health services council if the person is required |
25 | to register as a lobbyist as defined under chapter 139 of title 42. |
26 | (c) Notwithstanding any laws, rules, or regulations to the contrary, all recommendations of |
27 | the health services council shall be by a majority vote of its members present at the time the vote |
28 | is taken. |
29 | SECTION 14. Section 23-17.3-2 of the General Laws in Chapter 23-17.3 entitled "Long- |
30 | Term Care Coordinating Council" is hereby amended to read as follows: |
31 | 23-17.3-2. Membership. |
32 | The council shall be comprised of thirty-three (33) twenty-eight (28) members, as follows: |
33 | the lieutenant governor or designee; the director of the department of health or designee; the |
34 | secretary of the executive office of health and human services or designee; the director of the |
| LC000281 - Page 16 of 41 |
1 | department of behavioral healthcare, developmental disabilities and hospitals or designee; the |
2 | attorney general or designee; the director of the office of healthy aging or designee; the chair of the |
3 | Rhode Island advisory commission on aging or designee; the director of the Rhode Island Chapter |
4 | of the American Association of Retired Persons (AARP) or designee; the state long-term care |
5 | ombudsman or designee; the president of the Rhode Island Senior Center Directors Association or |
6 | designee; the executive director of the Rhode Island chapter of the Alzheimer’s Association or |
7 | designee; a representative of a not-for-profit long-term-care provider organization other than a |
8 | nursing home owner and a representative of a long-term-care service provider that primarily serves |
9 | persons with developmental disabilities, both to be appointed by the governor; a representative of |
10 | an assisted living residence other than a nursing home, to be appointed by the lieutenant governor; |
11 | a public member with no direct interest in long-term-care ownership representing a senior advocacy |
12 | organization, to be appointed by the speaker; a representative of the state program of all inclusive |
13 | care for the elderly, to be appointed by the lieutenant governor; a representative of senior housing, |
14 | to be appointed by the lieutenant governor; a representative of a hospice provider organization, to |
15 | be appointed by the senate president; a licensed home-care provider or a licensed home nursing |
16 | care provider, to be appointed by the speaker; a representative of a community mental health center, |
17 | to be appointed by the president of the senate; a registered nurse experienced in the care of the |
18 | elderly, to be appointed by the governor; a representative of nonmanagerial nursing home |
19 | employees, to be appointed by the president of the senate; two (2) members of the house, not more |
20 | than one (1) from the same political party, to be appointed by the speaker; a nursing home owner, |
21 | to be appointed by the speaker; two (2) members of the senate, not more than one from the same |
22 | political party, to be appointed by the president of the senate; one consumer of home- and |
23 | community-based care or a caregiver of a consumer of home- and community-based care, to be |
24 | appointed by the lieutenant governor; one consumer of behavioral health services or a caregiver of |
25 | a consumer of behavioral health services, to be appointed by the speaker; a member of the public |
26 | representing the interests of parents of children with special care needs, to be appointed by the |
27 | governor; a person with developmental disabilities or a representative of an organization that |
28 | advocates for the rights of persons with developmental disabilities, to be appointed by the lieutenant |
29 | governor; and a non-practicing general physician or advanced practice nurse with experience in |
30 | serving persons with long-term care and behavioral health needs, to be appointed by the president |
31 | of the senate; and a representative of a managed care health insurer providing long-term support |
32 | and services, to be appointed by the governor. All additional members shall be members of the |
33 | public appointed by the governor. The members of the council shall serve two-year (2) terms, |
34 | expiring on the second anniversary of each individual’s appointment or on the date that their |
| LC000281 - Page 17 of 41 |
1 | respective successors are appointed and qualified, whichever is later. |
2 | SECTION 15. Section 23-17.4-21.1 of the General Laws in Chapter 23-17.4 entitled |
3 | "Assisted Living Residence Licensing Act" is hereby amended to read as follows: |
4 | 23-17.4-21.1. Assisted living administrator certification board. |
5 | (a) Within the department there is established an assisted living administrator certification |
6 | board to be appointed by the director of health with the approval of the governor consisting of seven |
7 | (7) members as follows: two (2) members of the board are persons with at least five (5) years |
8 | experience in operating an assisted living residence; one member of the board is an active assisted |
9 | living administrator who is not an assisted living owner; two (2) members are persons representing |
10 | assisted living consumers or family members; and two (2) members are representatives of the |
11 | assisted living industry or are assisted living employees but not owners of an assisted living |
12 | residence. |
13 | (b) Members shall be appointed to three (3) year terms. No member shall serve for more |
14 | than two (2) terms. The director, with the approval of the governor, shall appoint all vacancies, as |
15 | they occur for the remainder of a term or until a successor is appointed. |
16 | (c) The director may remove, after a hearing and with the approval of the governor, any |
17 | member of the board for neglect of any duty required by law or for any incompetency, |
18 | unprofessional or dishonorable conduct. Before beginning a term, a member shall take an oath |
19 | prescribed by law for state officers, a record of which shall be filed with the secretary of state. |
20 | (d) The director shall appoint a chairperson. |
21 | (e) Four (4) members of the board shall constitute a quorum. |
22 | (f) The board shall serve without compensation. |
23 | (g) Meetings of the board shall be called by the director or the director’s designee, or a |
24 | majority of the board members. |
25 | (h) The director shall provide for a staff person of the department to serve as an |
26 | administrative agent for the board. |
27 | SECTION 16. Section 23-17.17-6 of the General Laws in Chapter 23-17.17 entitled |
28 | "Health Care Quality Program" is hereby amended to read as follows: |
29 | 23-17.17-6. Health care quality steering committee. |
30 | (a) The director shall establish and serve as chairperson of a health care quality steering |
31 | committee of no more than nineteen (19) members to advise in the following matters: |
32 | (1) Determination of the comparable performance measures to be reported on; |
33 | (2) Assessment of factors, including, but not limited to, factors related to incidents and |
34 | events reported to the department pursuant to § 23-17-40, contributing to the provision of quality |
| LC000281 - Page 18 of 41 |
1 | health care and patient safety; |
2 | (3) Selection of the patient satisfaction survey measures and instrument; |
3 | (4) Methods and format for data collection; |
4 | (5) Program expansion and quality improvement initiatives; |
5 | (6) Format for the public quality performance measurement report; |
6 | (7) Consideration of nursing-sensitive performance measures to be reported on; |
7 | (8) Consideration of the relationship between human resources and quality, beginning with |
8 | measurement and reporting for nursing staff; |
9 | (9) Consideration of measures associated with hospital-acquired infections with |
10 | consultation of infections control experts and with the hospital-acquired infections and prevention |
11 | advisory committee as established herein: |
12 | (i) Hospital-acquired infections and prevention advisory committee: |
13 | (A) The director of the department of health as the chairperson of the steering committee |
14 | shall appoint a permanent subcommittee called the hospital-acquired infections and prevention |
15 | advisory committee. Membership shall include representatives from public and private hospitals, |
16 | infection control professionals, director care nursing staff, physicians, epidemiologists with |
17 | expertise in hospital-acquired infections, academic researchers, consumer organizations, health |
18 | insurers, health maintenance organizations, organized labor, and purchasers of health insurance, |
19 | such as employers. The advisory committee shall have a majority of members representing the |
20 | infection control community. |
21 | (B) The director of the department of health shall conduct a national and state specific |
22 | public reporting format scan of hospital acquired infection public reporting to be completed and |
23 | transmitted to the steering committee and referred to the advisory committee by October 1, 2008. |
24 | (C) The advisory committee shall assist and advise the steering committee and the |
25 | department in the development of all aspects of the department’s methodology for collecting, |
26 | analyzing, and disclosing the information collected under this act, including collection methods, |
27 | formatting, and methods and means for release and dissemination. |
28 | (D) In developing the methodology for collecting and analyzing the hospital infection data, |
29 | the department, steering committee and advisory committee shall consider existing methodologies |
30 | and systems for data collection, such as the centers for disease control’s national healthcare safety |
31 | network, or its successor; provided, however, the department’s discretion to adopt a methodology |
32 | shall not be limited or restricted to any existing methodology or system. The data collection and |
33 | analysis methodology shall be disclosed with the public report at the time of release. |
34 | (E) The department, steering committee and the advisory committee shall evaluate, on a |
| LC000281 - Page 19 of 41 |
1 | regular basis, the quality and accuracy of hospital information reported under this act and the data |
2 | collection, analysis, and dissemination methodologies. |
3 | (ii) Hospital reports: |
4 | (A) Individual hospitals shall collect data on hospital-acquired infections for the specific |
5 | clinical procedures determined by the department by regulation, which may include the following |
6 | general categories as further defined by the advisory committee: |
7 | (I) Surgical site infections; |
8 | (II) Ventilator-associated pneumonia; |
9 | (III) Central line-related bloodstream infections; |
10 | (IV) Urinary tract infections; |
11 | (V) Process of care measures, such as compliance with the surgical infection |
12 | prevention/surgical care improvement program (SIP/SCIP) parameters, prevention bundles for |
13 | central line-associated bloodstream infections, prevention bundles for catheter-associated urinary |
14 | tract infections, hand hygiene compliance, compliance with isolation precautions; and |
15 | (VI) Other categories as recommended by the advisory committee. |
16 | (B) Beginning on or before April 1, 2009, hospitals shall submit quarterly reports on their |
17 | hospital-acquired infection rates to the department. Quarterly reports shall be submitted, in a format |
18 | set forth in regulations adopted by the department. Data in quarterly reports must cover a period |
19 | ending not earlier than one month prior to submission of the report. Annual reports shall be made |
20 | available to the public at each hospital and through the department. The first annual report shall be |
21 | due no later than October 2010. |
22 | (C) The advisory committee shall recommend standardized criteria for reporting surgical |
23 | site infection outcome data for quality improvement recommendations. This will include standards |
24 | for post discharge surveillance. The information shall be included in hospital’s quality |
25 | improvement and safety plan to reduce surgical site infection. The advisory committee shall |
26 | recommend written guidelines to be given to every individual before and if necessary during their |
27 | hospitalization for the purpose of preventing hospital-acquired infections. In emergency |
28 | hospitalizations, written guidelines shall be given within a reasonable period of time. |
29 | (D) If the hospital is a division or subsidiary of another entity that owns or operates other |
30 | hospitals or related organizations, the quarterly report shall be for the specific division or subsidiary |
31 | and not the other entity. |
32 | (iii) Department reports: |
33 | (A) The department shall annually submit to the legislature a report summarizing the |
34 | hospital quarterly reports and shall publish the annual report on its website. The first annual report |
| LC000281 - Page 20 of 41 |
1 | shall be submitted and published no later than December 2010. Following the initial report, the |
2 | department shall update the public information on a yearly basis after it has been reviewed by the |
3 | steering committee with advice from the hospital-acquired infections and prevention advisory |
4 | committee. |
5 | (B) All reports of outcome measures issued by the department may be risk-adjusted using |
6 | NHSN methodology or other nationally accepted methodology, to adjust for the differences among |
7 | hospitals as reviewed and recommended by the hospital-acquired infections and prevention |
8 | advisory committee. |
9 | (C) The annual report shall compare hospital-acquired infection data as recommended by |
10 | the advisory committee, collected under subsection (9)(B), for each individual hospital in the state. |
11 | The department, in consultation with the advisory committee, shall make this comparison as easy |
12 | to comprehend as possible. The report shall also include an executive summary, written in plain |
13 | language that shall include, but not be limited to, a discussion of findings, conclusions, and trends |
14 | concerning the overall state of hospital-acquired infections in the state, including a comparison to |
15 | prior years. The report may include policy recommendations, as appropriate. |
16 | (D) The department shall publicize the report and its availability as widely as practical to |
17 | interested parties, including, but not limited to, hospitals, providers, media organizations, health |
18 | insurers, health maintenance organizations, purchasers of health insurance, organized labor, |
19 | consumer or patient advocacy groups, and individual consumers. The annual report shall be made |
20 | available to any person upon request. |
21 | (E) No hospital report of department disclosure may contain information identifying a |
22 | patient, employee, or licensed healthcare professional in connection with a specific infection |
23 | incident. |
24 | (10) Consideration of pressure ulcer occurrence; and |
25 | (11) Other related issues as requested by the director. |
26 | (b) The members of the health care quality performance steering committee shall include |
27 | one member of the house of representatives, to be appointed by the speaker; one member of the |
28 | senate, to be appointed by the president of the senate; the director or director’s designee of the |
29 | department of human services; the director or the director’s designee of the department of |
30 | behavioral healthcare, developmental disabilities and hospitals; the director or the director’s |
31 | designee of the office of healthy aging; and thirteen (13) members to be appointed by the director |
32 | of the department of health to include persons representing Rhode Island licensed hospitals and |
33 | other licensed facilities/providers, the medical and nursing professions, the business community, |
34 | organized labor, consumers, and health insurers and health plans and other parties committed to |
| LC000281 - Page 21 of 41 |
1 | healthcare quality; provided that, no such appointee has a financial interest in the hospital or |
2 | licensed facility. |
3 | SECTION 17. Section 23-24.9-2.1 of the General Laws in Chapter 23-24.9 entitled |
4 | "Mercury Reduction and Education Act" is hereby amended to read as follows: |
5 | 23-24.9-2.1. Oversight and systems planning. |
6 | (a) The general assembly further finds: |
7 | (1) That reduction and elimination of health and environmental threats from mercury is a |
8 | highly complex undertaking requiring cooperation among policy makers, public health and |
9 | environmental officials and advocates, private businesses from diverse industries and sectors, |
10 | consumers, and the general public within Rhode Island and depending on actions in other states |
11 | and at the federal level; |
12 | (2) That systems planning is critical to the smooth, effective, and efficient implementation |
13 | of programs to reduce and eliminate health and environmental threats from mercury in Rhode |
14 | Island; |
15 | (3) That the implementation of the provisions of this chapter between July 2001 and July |
16 | 2003 has been incomplete and partial and has given rise to unintended consequences; and |
17 | (4) That additional time is required to study how to make the provisions of this chapter |
18 | more efficient and effective and to provide for needed systems planning. |
19 | (b)(1) There is hereby created a fourteen (14) member commission on oversight and |
20 | planning for mercury hazard reduction and elimination with the following membership: nine (9) |
21 | members to be appointed by the governor; four (4) representatives of private business the public |
22 | with no financial interest in any business affected by this chapter; one of whom shall be an engineer |
23 | with expertise in manufacturing processes and pollution prevention; one of whom shall be an expert |
24 | on the effects of mercury on public health and/or the environment; one of whom shall be a |
25 | representative of consumer interests, and two (2) of whom shall be representatives of advocacy |
26 | organizations, and five (5) of whom shall be ex officio, voting members: the director of the |
27 | department of environmental management, the director of the department of health, the executive |
28 | of the Rhode Island economic development corporation, the executive director of the Rhode Island |
29 | resource recovery corporation, and the executive director of the Rhode Island League of Cities and |
30 | Towns. The ex-officio members may designate an alternate in writing who shall have voting |
31 | privileges. The members of the commission shall not receive compensation services. From the |
32 | membership of the commission, the governor shall designate a chairperson. |
33 | (2) The purposes of the commission shall be to study the system for reducing and |
34 | eliminating mercury hazards in Rhode Island, including, but not limited to: |
| LC000281 - Page 22 of 41 |
1 | (A) Identifying current and projected sources of mercury hazards; |
2 | (B) Evaluating programs and efforts to reduce the sources in a cost-effective and efficient |
3 | manner that does not place Rhode Island at a disadvantage with other states; |
4 | (C) Building on effective efforts in other states and achieving a consistency with other |
5 | states in terms of approach and timing of implementation; and |
6 | (D) Determining the availability and effectiveness to consumers and the public of |
7 | programs, facilities for disposal and recycling mercury-added products, and education about |
8 | mercury-added products and mercury hazards. On or before March 1, 2004, and on or before |
9 | September 1, 2004, the commission shall present to the governor, the speaker of the house of |
10 | representatives, and the president of the senate an interim progress report informing them of the |
11 | scope and progress of the commission’s work, to date. The commission shall report its findings and |
12 | recommendations to the governor, the speaker of the house, and the president of the senate by |
13 | January 1, 2005, which recommendation shall include such proposals as the commission deems |
14 | necessary or appropriate for amendments to this chapter. |
15 | (3) The commission shall meet at the call of the chair, and shall have the power to adopt |
16 | bylaws for its organization and appoint such officers and committees as it deems appropriate. |
17 | (4) All departments and agencies of the state shall furnish such advice and information, |
18 | documentary or otherwise, and such support and assistance as the commission deems necessary or |
19 | desirable. The director of administration shall arrange meeting space for and organizational support |
20 | to the commission. |
21 | (5) The commission shall terminate effective July 1, 2005. |
22 | (c) In order to provide time for the commission to complete its work, for planning and |
23 | implementing such changes to programs as may be proposed, and for enacting such changes as may |
24 | be desirable, that effective dates for implementing the provisions of this chapter pertaining to phase- |
25 | outs and exemptions (§ 23-24.9-7), labeling (§ 23-24.9-8), disposal bans (§ 23-24.9-9), collection |
26 | of mercury-added products (§ 23-24.9-10), disclosure (§ 23-24.9-11), and violations (§ 23-24.9- |
27 | 16) shall be July 1, 2005, unless a later date is provided for in the section, and no actions to enforce |
28 | said provisions may be undertaken until July 1, 2005, or after, provided, however that voluntary |
29 | use of the provisions shall be facilitated and allowed. |
30 | SECTION 18. Section 23-34.1-17 of the General Laws in Chapter 23-34.1 entitled |
31 | "Amusement Ride Safety Act" is hereby amended to read as follows: |
32 | 23-34.1-17. Advisory committee. |
33 | To assist in the adoption of rules and regulations with regard to the operation of amusement |
34 | rides and devices, there is hereby created an amusement ride advisory committee. The committee |
| LC000281 - Page 23 of 41 |
1 | shall consist of seven (7) members, one (1) of whom shall be a former carnival owner, one (1) of |
2 | whom shall be a former member of the amusement ride industry, one (1) of whom shall be a |
3 | structural engineer, one (1) of whom shall be the state building commissioner or his or her designee, |
4 | one (1) of whom shall be a mechanical engineer, one (1) of whom shall be the state fire marshall |
5 | or his or her designee, and one (1) of whom shall be a citizen of the state of Rhode Island, all |
6 | members to be appointed by the governor for a three (3) year term, and to meet on a quarterly basis |
7 | or as needed by the commissioner in furtherance of the provision of this chapter. |
8 | SECTION 19. Section 23-99-4 of the General Laws in Chapter 23-99 entitled "The Rhode |
9 | Island Life Science Hub Act" is hereby amended to read as follows: |
10 | 23-99-4. Rhode Island life science hub established. |
11 | (a) There is hereby constituted as an independent public a public corporation for the |
12 | purposes set forth in this chapter with a separate legal existence from the state to be known as the |
13 | Rhode Island life science hub hereinafter to be referred to as the “hub”. The exercise by the hub of |
14 | the powers conferred by this chapter shall be considered to be the performance of an essential |
15 | governmental function. |
16 | (b) The hub shall be governed and its corporate powers exercised by a board of directors |
17 | consisting of fifteen (15) thirteen (13) directors: seven (7) of whom shall be appointed by the |
18 | governor, one of whom shall be a senior executive with extensive background in the banking, grant |
19 | making, and fundraising fields, one of whom shall be a member of a life science trade association, |
20 | or his or her designee, one of whom shall be the a former president or a senior executive of a Rhode |
21 | Island based life science company, or his or her designee, two (2) of whom shall be former senior |
22 | executives of Rhode Island based life science companies specializing in biomanufacturing, or his |
23 | or her designees, one of whom shall be a representative of organized labor, or his or her designee, |
24 | and one of whom shall be a member of the public who shall be a certified public accountant and a |
25 | member of the Rhode Island society of certified public accountants; one of whom shall be the |
26 | secretary of commerce; three (3) of whom shall be the president of Rhode Island college, or his or |
27 | her designee, the president of the university of Rhode Island, or his or her designee, and the |
28 | president of Brown university, or his or her designee; one of whom shall be the dean of the Warren |
29 | Alpert Medical School of Brown university, or his or her designee; one of whom shall be the |
30 | president and chief executive officer of the Lifespan Corporation, or his or her designee; one of |
31 | whom shall be the president and chief executive officer of Care New England Health System, or |
32 | his or her designee; and one of whom shall be an ex officio director who shall also be the director |
33 | of economic development for the city of Providence, or his or her designee. |
34 | (c) The chair of the board shall be appointed by the governor, with the advice and consent |
| LC000281 - Page 24 of 41 |
1 | of the senate, and shall be an individual who served in the capacity as a senior executive with |
2 | extensive background in the banking, grant making, and fundraising fields. The vice-chair of the |
3 | board shall be the secretary of commerce. Eight (8) directors shall constitute a quorum, and any |
4 | action to be taken by the board under the provisions of this chapter may be authorized by resolution |
5 | approved by a majority of the directors present and entitled to vote at any regular or special meeting |
6 | at which a quorum is present. No votes on the certification of any life science company nor on the |
7 | allocation or award of any fund resources to any certified life science company shall be taken unless |
8 | the chair is present and voting. A vacancy in the membership of the board of directors shall not |
9 | impair the right of a quorum to exercise all of the rights and perform all of the duties of the board. |
10 | Pursuant to § 42-46-5(b)(6), board directors are authorized to participate remotely using |
11 | videoconferencing technology in open public meetings of the board; provided, however, that: |
12 | (1) The remote director(s) and all persons present at the meeting location are clearly audible |
13 | and visible to each other; |
14 | (2) A quorum of the body is participating, either in person or by the use of remote |
15 | videoconferencing technology; |
16 | (3) A member of the board who participates in a meeting of the board remotely shall be |
17 | considered present for purposes of a quorum and voting; |
18 | (4) If videoconferencing is used to conduct a meeting, the public notice for the meeting |
19 | shall inform the public that videoconferencing will be used and include instructions on how the |
20 | public can access the virtual meeting; and |
21 | (5) The board shall adopt rules defining the requirements of remote participation including |
22 | its use for executive session, and the conditions by which a director is authorized to participate |
23 | remotely. |
24 | (d) Each board member shall serve a term of four (4) years. In the event that the chair of |
25 | the board position becomes vacant for any reason, or the chair is not able to perform the duties of |
26 | that position for any reason, the vice chair shall serve as the interim chair until the chair is able to |
27 | resume the chair’s duties; provided, however, in the event that the chair is not able to resume the |
28 | chair’s duties in that position, the governor shall appoint a new chair and, in making this |
29 | appointment, the governor shall give due consideration to appointing an individual from a list of |
30 | six (6) candidates, three (3) of whom shall be provided to the governor by the speaker of the house |
31 | and three (3) of whom shall be provided to the governor by the president of the senate. Any person |
32 | appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in |
33 | a like manner and shall serve for the unexpired term of such director. Any director shall be eligible |
34 | for reappointment. |
| LC000281 - Page 25 of 41 |
1 | (e) The director of the board who is a member of the public and who is a certified public |
2 | accountant and a member of the Rhode Island society of certified public accountants shall serve as |
3 | treasurer and shall be charged with keeping the funds, books of account, and accounting records of |
4 | the hub. No grants, tax credits, or incentives shall be issued by the hub to any certified life science |
5 | company without the approval of the board and the signature of the treasurer. The board shall |
6 | annually elect a secretary who shall keep a record of the proceedings of the board and shall be |
7 | custodian of all books, documents, and papers. |
8 | (f) Board directors shall serve without compensation, but each director shall be entitled to |
9 | reimbursement for actual, reasonable, and necessary expenses while engaged in the performance |
10 | of official duties. Board directors, officers, and employees shall not be liable to the state, the hub, |
11 | or to any other person as a result of their activities except for malfeasance in office or intentional |
12 | violations of law. |
13 | (g) The board shall establish an application review committee consisting of not less than |
14 | three (3) directors of the board, which shall review certification proposals submitted by life sciences |
15 | companies that shall be supported by independently verifiable information, and the board shall |
16 | make a record of findings based on the certification proposal, documents submitted therewith, and |
17 | any additional evidence that the life science company meets all criteria that the hub may prescribe. |
18 | (h) Certified life science companies shall be eligible to receive funding from the hub, upon |
19 | a majority vote of the board, for the following benefits which shall be awarded by the board on a |
20 | competitive basis: |
21 | (1) Grants, loans, or other investments; |
22 | (2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or |
23 | (3) Assistance from the hub in facilitating clinical trials. |
24 | (i) Notwithstanding any other provisions of law in relation to their tenure of office, the |
25 | governor may remove any board director for the neglect of any duty required by law, incompetence, |
26 | unprofessional conduct, or willful misconduct. |
27 | (j) Each director shall make full disclosure, in accordance with §§ 36-14-1 — 36-14-7, of |
28 | any financial interest, if any, in any matter before the board. Such interest must be disclosed in |
29 | advance to the directors of the board, recorded in the minutes of the board, and the director having |
30 | such an interest shall recuse themselves and shall not participate in any decision of the board |
31 | relating to such interest. |
32 | (k) With the advice and consent of the senate, the board shall have the power to hire a |
33 | president, who shall also serve as the chief executive officer of the hub. The board also shall have |
34 | the power to establish compensation and conditions of employment for the president and chief |
| LC000281 - Page 26 of 41 |
1 | executive officer; provided, further, the board shall have the power to hire other employees and |
2 | establish compensation and conditions of employment for such employees. |
3 | (l) The commerce corporation shall provide operating quarters for the hub for, at a |
4 | minimum, the first year of the hub’s operation. |
5 | SECTION 20. Section 28-21-21 of the General Laws in Chapter 28-21 entitled "Hazardous |
6 | Substances Right-To-Know Act" is hereby amended to read as follows: |
7 | 28-21-21. Permanent commission on hazardous substances in the workplace. |
8 | (a) There is created a permanent commission on hazardous substances in the workplace |
9 | whose purpose it shall be to oversee and study the implementation of this chapter and to advise the |
10 | general assembly with respect to methods of improving the purpose of this chapter. The |
11 | commission shall annually submit its report to the general assembly not later than January 15 of |
12 | each year. |
13 | (b) The commission shall consist of seventeen (17) fourteen (14) members, three (3) of |
14 | whom shall be from the house of representatives, not more than two (2) of whom shall be from the |
15 | same political party, to be appointed by the speaker to serve for their legislative term; two (2) of |
16 | whom shall be from the senate, one from each political party, to be appointed by the president of |
17 | the senate to serve for his or her legislative term; two (2) representatives of labor, two (2) |
18 | representatives of business, one member from the department of health, one member from the |
19 | department of labor and training; four (4) members from the public, one member from the medical |
20 | profession, and one member from the jewelry industry, all of whom shall be appointed by the |
21 | speaker, to serve for terms of three (3) years. |
22 | (c) During the month of February every year, the speaker shall appoint a member to succeed |
23 | the members whose term will then next expire, to serve for a term of three (3) years commencing |
24 | on the first day of March then next following, and until his or her successor is appointed and |
25 | qualified. |
26 | (d) A member shall be eligible to succeed himself or herself. |
27 | (e) A vacancy, other than by expiration, shall be filled in like manner as an original |
28 | appointment, but only for the unexpired portion of the term. |
29 | (f) The speaker shall select a chairperson from among the membership of the commission |
30 | to serve at the pleasure of the speaker. |
31 | (g) The membership of the commission shall receive no compensation for their services. |
32 | (h) All departments and agencies of the state shall furnish such advice and information, |
33 | documentary and otherwise, to the commission and its agents as is deemed necessary or desirable |
34 | by the commission to facilitate the purposes of this section. |
| LC000281 - Page 27 of 41 |
1 | (i) The speaker of the house is authorized and directed to provide suitable quarters for the |
2 | commission. |
3 | SECTION 21. Section 28-29-30 of the General Laws in Chapter 28-29 entitled "Workers’ |
4 | Compensation — General Provisions" is hereby amended to read as follows: |
5 | 28-29-30. Advisory council. |
6 | (a) There is created a workers’ compensation advisory council consisting of seventeen (17) |
7 | members as follows: |
8 | (1) The chief judge of the workers’ compensation court and two (2) additional judges of |
9 | the workers’ compensation court and one member of the bar who primarily represents injured |
10 | workers before the workers’ compensation court, both to be selected by the chief judge; |
11 | (2) The director of business regulation; |
12 | (3) The director of administration; |
13 | (4) Three (3) representatives from labor appointed by the governor, one of whom shall be |
14 | an injured worker; |
15 | (5) Three (3) representatives from business Four (4) members of the public appointed by |
16 | the governor, one of whom shall represent cities and towns; |
17 | (6) One representative from the general public appointed by the governor; |
18 | (7) The chairperson of the senate labor committee, or his or her designee; |
19 | (8) The chairperson of the house labor committee, or his or her designee; |
20 | (9) The director of labor and training; and |
21 | (10) The chief executive officer of the workers’ compensation insurance fund, or his or her |
22 | designee. |
23 | (b) It shall be the duty of the council to advise the governor and the general assembly, on |
24 | an annual basis, on the administration of the workers’ compensation system. |
25 | SECTION 22. Section 28-42-37 of the General Laws in Chapter 28-42 entitled |
26 | "Employment Security — General Provisions" is hereby amended to read as follows: |
27 | 28-42-37. Advisory council. |
28 | (a) The human resource investment council shall establish a state advisory council of eight |
29 | (8) six (6) members. Four (4) of the members shall be appointed by the governor from |
30 | recommendations made by the human resource investment council; two (2) of those members shall |
31 | be persons who, because of vocation, employment, or affiliation can be classed as employers and |
32 | two (2) of those members shall be persons who because of vocation, employment, or affiliation can |
33 | be classed as employees. The chair of the house committee on labor, the chair of the senate |
34 | committee on labor, the executive director of the economic policy council, and the director of the |
| LC000281 - Page 28 of 41 |
1 | department of labor and training shall serve on the council by virtue of their respective positions. |
2 | The council shall aid the director of the department of labor and training in formulating policies |
3 | and solving problems relating to the administration of chapters 42 — 44 of this title, and in assuring |
4 | impartiality, neutrality, and freedom from partisan influence in the solution of those problems. |
5 | (b) The council shall provide on or before March 31 of each year to the governor and the |
6 | general assembly a written report describing its activities. |
7 | SECTION 23. Section 28-45-2 of the General Laws in Chapter 28-45 entitled |
8 | "Apprenticeship Programs in Trade and Industry" is hereby amended to read as follows: |
9 | 28-45-2. Apprenticeship council. |
10 | (a) The director of labor and training, with the advice and consent of the governor, shall |
11 | appoint a state apprenticeship council composed of four (4) representatives each, from employer |
12 | and employee organizations respectively, and one public member. One of the employer |
13 | representatives shall represent a business employing less than fifty (50) employees. In making the |
14 | appointments, the director shall give due consideration to include representatives from different |
15 | types of industries, including those industries participating in non-trade apprenticeship programs |
16 | established pursuant to § 42-102-11. The council shall, by majority vote, elect from its membership |
17 | a chairperson, a vice-chairperson, and a secretary. The vice-chairperson shall act in the absence or |
18 | inability of the chairperson. |
19 | (b) Upon the expiration of the terms of the council’s present membership, the director of |
20 | labor and training, with the advice and consent of the governor, shall appoint members to the |
21 | apprenticeship council for initial terms, and those members shall hold office until their successors |
22 | are appointed and have qualified, as follows: |
23 | (1) One representative each, from employer and employee organizations respectively, for |
24 | an initial term of one year; |
25 | (2) One representative each, from employer and employee organizations respectively, for |
26 | an initial term of two (2) years; |
27 | (3) One representative each, from employer and employee organizations respectively, for |
28 | an initial term of three (3) years; |
29 | (4) One representative each, from employer and employee organizations respectively, for |
30 | an initial term of four (4) years; and |
31 | (5) One public member, representing a community organization, for an initial term of four |
32 | (4) years. |
33 | (c) Upon the expiration of those initial terms, members shall be appointed for terms of four |
34 | (4) years and shall hold office until their successors are appointed and have qualified. Any vacancy |
| LC000281 - Page 29 of 41 |
1 | shall be filled by appointments by the director of labor and training, with the advice and consent of |
2 | the governor, for the unexpired portion of the term. The commissioner of elementary and secondary |
3 | education and the director of labor and training shall be members of the council, ex-officio, without |
4 | vote. |
5 | (d) The council may, by majority vote, designate any consultants that it may deem |
6 | necessary and desirable to assist it in the performance of its duties. |
7 | (e) Members of the board shall not be compensated for their service on the board. |
8 | SECTION 24. Section 28-47-8 of the General Laws in Chapter 28-47 entitled "Workers’ |
9 | Compensation — Group Self-Insurance" is hereby amended to read as follows: |
10 | 28-47-8. Advisory committee for group self-insurance. |
11 | (a) To advise the director, there shall be an advisory committee for group self-insurance, |
12 | which shall consist of seven (7) members appointed by the governor: (1) One of those members |
13 | shall be named from the manufacturing and trade group of group self-insurance; (2) Two (2) from |
14 | the transportation, public utilities, and construction group; (3) Two (2) from the services industry; |
15 | (4) One from healthcare facilities; and (5) One member shall be a group self-insurer selected at |
16 | large by the governor, who shall be vice-chairperson of the advisory committee. The director, or |
17 | his or her designee, shall be an additional member of the advisory committee and act as chairperson |
18 | of the committee. Any member appointed to the advisory committee shall be a group self-insurer |
19 | or an officer of a group self-insurer or a person who on account of his or her employment or |
20 | affiliation can be classed as a management representative of a group self-insurer. |
21 | (b) The members of the advisory committee for group self-insurance shall be appointed for |
22 | terms of three (3) years. Vacancies shall be filled for the unexpired term by appointment by the |
23 | governor. Members shall continue in office until their successors are appointed. In the event that |
24 | no appointment is made within three (3) months after a vacancy exists or after the expiration of the |
25 | term of a member, the remaining members may fill the vacancy by a majority vote. If a member is |
26 | absent from two (2) consecutive regular meetings without adequate excuse his or her place may be |
27 | declared vacant by the director. |
28 | (c) Members of the advisory committee shall serve without pay, but are entitled to their |
29 | reasonable and necessary traveling and other expenses incurred in connection with their duties. |
30 | (d) Regular meetings of the advisory committee shall be held twice a year on the dates to |
31 | be fixed by the director. In addition, special meetings shall be held if called by the director or any |
32 | three (3) members of the committee. |
33 | (e) The advisory committee shall have access to all group self-insurance records and shall |
34 | have the power to require the presence before it of any employee or any group self-insurer. |
| LC000281 - Page 30 of 41 |
1 | Information obtained by members of the advisory committee shall be deemed confidential unless |
2 | disclosed by order of the committee. |
3 | (f) It shall be the duty of the advisory committee to advise the director on all matters |
4 | relating to group self-insurance, particularly in respect to rules governing group self-insurance, the |
5 | deposit or withdrawal of securities, and on such other matters as the director shall request. |
6 | (g) The director shall detail to the advisory committee any stenographic or other assistance |
7 | that may be necessary. |
8 | SECTION 25. Section 30-15-6 of the General Laws in Chapter 30-15 entitled "Emergency |
9 | Management" is hereby amended to read as follows: |
10 | 30-15-6. Advisory council. |
11 | (a) There is hereby created the Rhode Island emergency management advisory council |
12 | (hereinafter in this chapter called the “council”). The council will consist of thirty-eight (38) |
13 | members as follows: |
14 | (1) Twenty-three (23) ex officio members as follows: |
15 | (i) The lieutenant governor or designee; |
16 | (ii) The adjutant general or designee; |
17 | (iii) The director of the department of administration or designee; |
18 | (iv) The director of the department of health or designee; |
19 | (v) The director of transportation or designee; |
20 | (vi) The director of human services or designee; |
21 | (vii) The director of the department of public safety or designee; |
22 | (viii) The administrator of the division of public utilities and carriers or designee; |
23 | (ix) The director of the department of environmental management or designee; |
24 | (x) The director of the department of behavioral healthcare, developmental disabilities and |
25 | hospitals or designee; |
26 | (xi) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
27 | (xii) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
28 | (xiii) The chairperson of the governor’s commission on disabilities or designee; |
29 | (xiv) The chairperson of the Rhode Island public transit authority or designee; |
30 | (xv) The executive director of the coastal resources management council or designee; |
31 | (xvi) The executive director of the American Red Cross, Rhode Island chapter, or designee; |
32 | (xvii) The director of the Rhode Island emergency management agency or designee; |
33 | (xviii) The state court administrator or designee; |
34 | (xix) The executive director of the commission on the deaf and hard of hearing or designee; |
| LC000281 - Page 31 of 41 |
1 | (xx) The director of the Providence emergency management agency or designee; |
2 | (xxi) The executive director of the E-911 emergency telephone system division or |
3 | designee; |
4 | (xxii) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
5 | (xxiii) The secretary of the executive office of health and human services or designee; |
6 | (xxiv) The president of the Rhode Island Association of Emergency Managers or designee; |
7 | (xxv) The president of the United Way of Rhode Island or designee; and |
8 | (xxvi) The executive director of the Rhode Island commission for national and community |
9 | services or designee. |
10 | (2) Fifteen (15) Eleven (11) members appointed by, and serving at the pleasure of, the |
11 | governor, as follows: |
12 | (i) Two (2) members of the senate, recommended by the president of the senate, not more |
13 | than one of whom shall be from the same political party; |
14 | (ii) Two (2) members of the house of representatives, recommended by the speaker of the |
15 | house, not more than one of whom shall be from the same political party; |
16 | (iii) One representative of the gas and electric industry; |
17 | (iv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
18 | (v) One representative of the telephone industry; |
19 | (vi) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
20 | (vii) Two (2) representatives of the general public, one of whom shall have expertise in |
21 | disaster preparedness; |
22 | (viii) One representative of the Rhode Island League of Cities and Towns; |
23 | (ix) One representative of the media; |
24 | (x) One representative of the water supply industry; |
25 | (xi) One representative of the healthcare industry; |
26 | (xii) One representative of the Rhode Island State Association of Firefighters; |
27 | (xiii) One representative of the Rhode Island Association of Fire Chiefs; and |
28 | (xiv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
29 | (xv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1]; |
30 | (xvi) One representative of the Rhode Island Police Chiefs Association. |
31 | (b) It shall be the duty of the council to advise the governor and the director of the Rhode |
32 | Island emergency management agency on all matters pertaining to disaster preparedness. The |
33 | lieutenant governor shall serve as chairperson of the council and the director of the Rhode Island |
34 | emergency management agency shall serve as vice-chairperson. A quorum shall consist of twelve |
| LC000281 - Page 32 of 41 |
1 | (12) members of the council. In providing advice to the governor and the director, the council shall, |
2 | among other matters reasonably related to its authority, do the following: |
3 | (1) Establish a regular meeting schedule and form subcommittees as may be appropriate; |
4 | (2) Review emergency management plans and other matters as may be acted upon or |
5 | otherwise provided for in this chapter; |
6 | (3) Establish priorities and goals on emergency management matters on an annual basis; |
7 | (4) Study emergency management plans in conjunction with the director of the Rhode |
8 | Island emergency management agency, and otherwise conduct such other studies as may be deemed |
9 | appropriate; |
10 | (5) Review the coordination of the state’s emergency management programs with |
11 | appropriate authorized agencies and conduct studies on the programs as may be necessary; |
12 | (6) Review the plans and operations of the various cities and towns in disaster preparedness |
13 | in conjunction with the director of the Rhode Island emergency management agency and his or her |
14 | office as required or necessary; and |
15 | (7) [Deleted by P.L. 2000, ch. 170, § 2]; |
16 | (8) Provide an annual report on its activities in conjunction with the director. |
17 | SECTION 26. Section 31-50-2 of the General Laws in Chapter 31-50 entitled "Office of |
18 | Automobile Theft and Insurance Fraud" is hereby amended to read as follows: |
19 | 31-50-2. Board created. |
20 | There is created the automobile theft and insurance fraud investigations board, referred to |
21 | in this chapter as “the board”. The board shall consist of five (5) members one of whom shall be |
22 | appointed to represent the interests of consumers by the governor; one of whom shall be appointed |
23 | by the attorney general; one of whom shall be appointed by the governor to represent the insurance |
24 | industry with no financial interest in any particular insurance company; one of whom shall be |
25 | appointed by the president of the Rhode Island Chiefs of Police Association; and one of whom shall |
26 | be the superintendent of the state police, ex-officio, or his or her designee. The initial appointments |
27 | to the positions created in this section for appointed members shall be for a term of four (4) years, |
28 | three (3) years, two (2) years, and one year respectively, to be determined by the governor, and |
29 | subsequently to a term of four (4) years, or until a successor is appointed. |
30 | SECTION 27. Section 39-21-4 of the General Laws in Chapter 39-21 entitled "E-911 |
31 | Uniform Emergency Telephone System Division" is hereby amended to read as follows: |
32 | 39-21-4. Advisory commission. |
33 | (a) There shall be an E-911 uniform emergency telephone system advisory commission |
34 | consisting of fourteen (14) thirteen (13) members to be appointed in the following manner: five (5) |
| LC000281 - Page 33 of 41 |
1 | members shall be the director of the department of health, or his or her designee, the fire marshal, |
2 | or his or her designee, the colonel of the Rhode Island state police, or his or her designee, the state |
3 | telecommunications director, or his or her designee, and the administrator of the division of public |
4 | utilities and carriers, or his or her designee; three (3) members shall be appointed by the speaker of |
5 | the house: one of whom shall be a member of the house of representatives, and one of whom shall |
6 | be a representative of the police chiefs’ association, and one of whom shall be a representative of |
7 | the telecommunication services provider that is the primary provider to the E-911 PSAP; three (3) |
8 | members shall be appointed by the president of the senate: one of whom shall be a member of the |
9 | senate, one of whom shall be a representative of the fire chiefs’ association, and one of whom shall |
10 | be a representative of the wireless telecommunication industry; and three (3) members shall be |
11 | appointed by the governor: two (2) of whom shall be representatives of the public, and one of whom |
12 | shall be a representative of the Rhode Island League of Cities and Towns. |
13 | (b) Members of the commission shall serve five-year (5) terms, except for ex officio |
14 | members. |
15 | (c) The advisory commission may make such recommendations and give such advice to |
16 | the executive director of the division as it deems appropriate. |
17 | SECTION 28. Section 39-26.2-11 of the General Laws in Chapter 39-26.2 entitled |
18 | "Distributed Generation Standard Contracts" is hereby amended to read as follows: |
19 | 39-26.2-11. Composition and appointment. |
20 | (a) The board shall consist of ten (10) nine (9) members appointed by the governor with |
21 | the advice and consent of the senate; seven (7) members shall be voting members, and the governor |
22 | shall give due consideration to appointing persons with no financial interest, but knowledge of: (1) |
23 | Energy regulation and law; (2) Large commercial/industrial users; (3) Small commercial/industrial |
24 | users; (4) Residential users; (5) Low-income users; (6) Environmental issues pertaining to energy; |
25 | and (7) Construction of renewable generation. Three (3) Two (2) members shall be ex officio, |
26 | nonvoting members, one representing an electric distribution company, one representing the |
27 | commissioner of the office of energy resources, and one representing the commerce corporation. |
28 | From the seven (7) voting members, the governor shall appoint one person to be chairperson of the |
29 | board and one person to be vice chairperson of the board; the commissioner of the office of energy |
30 | resources shall be the executive secretary and executive director of the board. |
31 | (b) With the exception of the representative of the commissioner of the office of energy |
32 | resources, and the representative of the commerce corporation, the initial appointment of the other |
33 | ex officio, nonvoting member shall be for a term of two (2) years, to be thereafter reappointed or |
34 | replaced by a nonvoting member with terms of two (2) years. Of the initial appointments of voting |
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1 | members, three (3) voting members shall be appointed for a term of two (2) years, to be thereafter |
2 | reappointed or replaced by three (3) voting members with a term of two (2) years, and four (4) |
3 | voting members shall be appointed for a term of one year, to be thereafter reappointed or replaced |
4 | for each of the following three (3) years by four (4) voting members with a term of one year. |
5 | (c) A simple majority of the total number of voting members shall constitute a quorum. |
6 | (d) A vacancy other than by expiration shall be filled in the manner of the original |
7 | appointment but only for the unexpired portion of the term. The appointing authority shall have the |
8 | power to remove its appointee only for just cause. |
9 | (e) The members of the board shall not be compensated for their service but shall be |
10 | reimbursed for their actual expenses necessarily incurred in the performance of their duties. The |
11 | provisions of this subsection shall not apply to the executive secretary/executive director. |
12 | SECTION 29. Section 42-63.1-11 of the General Laws in Chapter 42-63.1 entitled |
13 | "Tourism and Development" is hereby amended to read as follows: |
14 | 42-63.1-11. Greater Providence-Warwick Convention and Visitors’ Bureau — |
15 | Creation — Composition — Governance — Powers. |
16 | (a) There is created the Greater Providence-Warwick Convention and Visitors’ Bureau, |
17 | having a distinct legal existence from the state and not constituting a department or agency of the |
18 | state government, for the purpose of administering the Greater Providence-Warwick regional |
19 | tourism district established in § 42-63.1-5(a)(2). |
20 | (b) The members of the bureau shall consist of persons, firms, corporations, partnerships, |
21 | associations, and organizations who are interested in promoting the purposes of the Greater |
22 | Providence-Warwick Convention and Visitors’ Bureau. |
23 | (c) The Greater Providence-Warwick Convention and Visitors’ Bureau shall adopt bylaws |
24 | to provide for its governance. |
25 | (d)(1) The business and affairs of the Greater Providence-Warwick Convention and |
26 | Visitors’ Bureau shall be managed by a board of directors comprised of fifteen (15) members |
27 | appointed as follows: |
28 | (i) By the mayor of the city of Providence: three (3) members who shall be hoteliers directly |
29 | involved in the marketing of hotels having more than one hundred (100) rooms located in the city |
30 | of Providence, appointed for terms ending respectively on June 30, 1996, June 30, 1997, and June |
31 | 30, 1998; and one member who shall be appointed for a term ending on June 30, 1996; |
32 | (ii) By the mayor of the city of Warwick; one member who shall be a hotelier directly |
33 | involved in the marketing of a hotel having more than one hundred (100) rooms located in the city |
34 | of Warwick, appointed for a term ending on June 30, 1997; and one member who shall be appointed |
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1 | for a term ending on June 30, 1998; |
2 | (iii) By the governor: one member who shall be a hotelier directly involved in the marketing |
3 | of a hotel having more than one hundred (100) rooms that is not located in either the city of |
4 | Providence or the city of Warwick, appointed for a term ending on June 30, 1996; one member |
5 | who shall be a representative of the hospitality industry who is not associated with a hotel and who |
6 | is not employed by a business or attraction that is located in either the city of Providence or the city |
7 | of Warwick, appointed from a list of at least three (3) names submitted by the Rhode Island |
8 | Hospitality Association for a term ending on June 30, 1997; and two (2) members who shall be |
9 | appointed for terms ending respectively on June 30, 1996, and June 30, 1998; |
10 | (iv) By the board of commissioners of the Rhode Island Convention Center Authority; two |
11 | (2) members who shall be appointed for terms ending respectively on June 30, 1997, and June 30, |
12 | 1998; and one member who shall be a hotelier directly involved in the marketing of a hotel having |
13 | more than one hundred (100) rooms located in the city of Warwick, appointed for a term ending on |
14 | June 30, 1996; and |
15 | (v) By the members of the Greater Providence-Warwick Convention and Visitors’ Bureau; |
16 | two (2) members who shall be members of the Greater Providence-Warwick Convention and |
17 | Visitors’ Bureau, appointed for terms ending respectively on June 30, 1997 and June 30, 1998. |
18 | (2) Thereafter, and upon the expiration of the terms of the initial directors, the directors |
19 | shall be appointed by the appointing authorities or elected by the members of the Greater |
20 | Providence-Warwick Convention and Visitors’ Bureau, as the case may be, to succeed the directors |
21 | whose terms are then ending and to serve for terms of three (3) years, so as to have the terms of |
22 | one-third (⅓) of the directors expire each year. |
23 | (3) Any director may be reappointed or reelected for successive terms. Any vacancy |
24 | resulting from the death, disability or other failure of a director to continue to serve shall be filled, |
25 | for the remainder of the director’s term, by the person or body given the power to make the original |
26 | appointment. |
27 | (e) The directors shall elect one of the directors to act as the chairperson of the Greater |
28 | Providence-Warwick Convention and Visitors’ Bureau. The directors may elect from among the |
29 | directors, a vice chairperson and any other officers that they may determine, including a secretary |
30 | and a treasurer. |
31 | (f) The directors shall receive no compensation for the performance of their duties. |
32 | (g) The directors may employ an executive director to administer, manage and direct the |
33 | affairs and business of the Greater Providence-Warwick Convention and Visitors’ Bureau, subject |
34 | to the policies, control and direction of the directors. The directors may employ technical experts |
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1 | and any other agents and employees, permanent and temporary, as they deem necessary. The |
2 | directors may delegate to one or more of the Greater Providence-Warwick Convention and Visitors’ |
3 | Bureau’s agents or employees any administrative duties that they may deem proper. |
4 | (h) The Greater Providence-Warwick Convention and Visitors’ Bureau shall have and |
5 | exercise all powers necessary or convenient to effect the purposes of this chapter as set forth in § |
6 | 42-63.1-1. |
7 | SECTION 30. Section 42-64.15-6 of the General Laws in Chapter 42-64.15 entitled "Made |
8 | in Rhode Island Manufacturing Collaborative of 2013" is hereby amended to read as follows: |
9 | 42-64.15-6. Advisory council established. |
10 | (a) There is hereby established an advisory council to the Rhode Island “Made in Rhode |
11 | Island Manufacturing Collaborative” which shall consist of nine (9) members appointed by the |
12 | chief executive officer of the commerce corporation as follows: |
13 | (1) A former manufacturer of locally manufactured materials (including, but not limited to, |
14 | lumber, granite, gravel, asphalt); |
15 | (2) A former Rhode Island business owner that specializes in manufacturing services and |
16 | supports; |
17 | (3) A representative of a Rhode Island based independent organization representing the |
18 | interests of the creative small business sector and commercial and industrial work space; |
19 | (4) A representative from an independent Rhode Island organization or association |
20 | representing the interests of commerce or economic development within the manufacturing |
21 | industry; |
22 | (5) A former Rhode Island based retailer of local manufactured products representing an |
23 | independent or franchised store; |
24 | (6) A representative from a Rhode Island based nonprofit organization that trains, |
25 | incubates, and furthers industrial arts in the state; |
26 | (7) A representative of the Rhode Island “Buy Local” effort; |
27 | (8) One representative from an independent Rhode Island organization or association |
28 | representing the manufacturing industry; |
29 | (9) A representative from a Rhode Island charitable foundation. |
30 | (b) Advisory council members shall serve three-year (3) terms and are eligible to succeed |
31 | themselves. In the event a member is unable to complete the member’s term, the chief executive |
32 | officer of the commerce corporation shall appoint a successor, and the successor appointed to the |
33 | vacancy shall serve for the remainder of the unexpired term. The members of the board shall receive |
34 | no compensation. |
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1 | (c) The advisory council shall elect annually a chairperson from among its members. |
2 | (d) The advisory council shall receive staff and administrative support from the commerce |
3 | corporation. The chief executive officer of the commerce corporation shall furnish the advisory |
4 | board a suitable location to hold its meetings. |
5 | (e) The advisory council shall meet at least quarterly and at the call of the chairperson or |
6 | three (3) council members. The chairperson of the made in Rhode Island manufacturing |
7 | collaborative, or a designee from among the members of the collaborative, shall be present for all |
8 | advisory council meetings. |
9 | (f) The advisory council shall advise the collaborative on all matters pertaining to the |
10 | collaborative duties and powers. |
11 | SECTION 31. Section 42-64.17-1 of the General Laws in Chapter 42-64.17 entitled "Long- |
12 | Term Economic Development" is hereby amended to read as follows: |
13 | 42-64.17-1. Long-term economic development vision and policy — Economic |
14 | development planning council. |
15 | (a) The economic development corporation and the division of planning shall develop a |
16 | written long-term economic development vision and policy for the state of Rhode Island and a |
17 | strategic plan for implementing this policy. Such a plan shall include, but not be limited to: |
18 | (1) A unified economic development strategy for the state that integrates business growth |
19 | with land use and transportation choices; |
20 | (2) An analysis of how the state’s infrastructure can best support this unified economic |
21 | development strategy; |
22 | (3) A focus and prioritization that the outcomes of the economic development strategy be |
23 | equitable for all Rhode Islanders; |
24 | (4) Reliance on comprehensive economic data and analysis relating to Rhode Island’s |
25 | economic competitiveness, business climate, climate change, sea-level rise, coastal resiliency, |
26 | national and regional reputation, and present economic development resources; |
27 | (5) Suggestions for improving and expanding the skills, abilities, and resources of state |
28 | agencies, municipalities, and community partners to speed implementation of the plan’s |
29 | recommendations; and |
30 | (6) The inclusion of detailed implementation plans, including stated goals, specific |
31 | performance measures and indicators. |
32 | (b) On or before October 31, 2014, the economic development corporation and the division |
33 | of planning shall submit the written long-term economic development vision and policy and |
34 | implementation plan to the governor, the senate, and the house of representatives. |
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1 | (c) Beginning January 1, 2015, and during the first year of each new or re-elected |
2 | gubernatorial administration thereafter, the governor shall convene an economic development |
3 | planning council consisting of no fewer than nineteen (19) members as follows: |
4 | (1) The secretary of commerce who shall serve as chair; |
5 | (2) The director of the department of administration; |
6 | (3) The director of the department of revenue; |
7 | (4) The director of the department of labor and training; |
8 | (5) The director of the department of transportation; |
9 | (6) The director of the department of business regulation; |
10 | (7) The commissioner of elementary and secondary education; |
11 | (8) The commissioner of higher education; |
12 | (9) The director of the department of environmental management; |
13 | (10) The executive director of the coastal resources management council; |
14 | (11) One member who shall be appointed by the speaker of the house of representatives; |
15 | (12) One member who shall be appointed by the president of the senate; and |
16 | (13) Seven (7) members who shall be appointed by the governor as follows: one of whom |
17 | shall be a representative from the League of Cities and Towns; one of whom shall be a |
18 | representative from a chamber of commerce; one of whom shall be from a nonprofit organization |
19 | representing a major industry sector in Rhode Island; one of whom shall represent a business with |
20 | more than one hundred (100) employees located in Rhode Island; one of whom shall represent a |
21 | business with fewer than one hundred (100) employees located in Rhode Island; one of whom shall |
22 | be from a venture capital firm with a principal place of business in Rhode Island; and one of whom |
23 | shall represent a private sector labor union. Any department director appointed as a member of the |
24 | council may appoint a designee from the director’s respective agency to represent the director on |
25 | the council. Members of the council shall serve for a term of one year or until an economic |
26 | development policy has been approved by the governor under this section. |
27 | (d) The economic development planning council and, upon his or her appointment, the |
28 | secretary of commerce, shall develop a written long-term economic development vision and policy |
29 | for the state and a strategic plan for implementing the policy. In developing the policy, the council |
30 | shall review and consider the published economic development policy and implementation plan in |
31 | effect at the commencement of the governor’s term of office. The policy shall set long-term goals |
32 | and measurable benchmarks which are not limited to a particular gubernatorial administration and |
33 | shall give consideration to any impacts the plan may have on businesses employing ten (10) or |
34 | fewer people. The strategic plan shall include any major economic development initiatives and |
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1 | programs in effect at the time of the plan’s creation. In developing the policy the council may hold |
2 | public hearings throughout the state. |
3 | (e) Once the policy and plan have been adopted by the council and, upon the secretary of |
4 | commerce’s appointment, the secretary of commerce shall submit the policy and plan to the senate |
5 | and house of representatives. The final approval of the policy and plan by the governor shall not be |
6 | granted until the house and senate have conducted a public hearing on the policy and plan. The |
7 | approved policy and plan shall be published in writing and on the official website of the state no |
8 | later than December 31 of that year. |
9 | (f) The economic development corporation shall be responsible for providing staff to |
10 | support the work of the council, and the division of planning shall also provide staff support. All |
11 | departments represented on the council shall cooperate with the economic development corporation |
12 | and the division of planning to facilitate the purposes of this chapter. |
13 | (g) Subject to funding, the council shall be able to hire consultants and related assistance |
14 | to provide the type of analysis necessary to inform and perform their work. |
15 | (h) All departments, offices, boards, and agencies of the state shall cooperate with the |
16 | economic development planning council and furnish such administrative and staff support, advice, |
17 | information, documentary and otherwise, data and data analysis, and other support as may be |
18 | necessary or desirable. |
19 | (i) In carrying out the responsibility under this order, the council may: |
20 | (1) Accept grant funds and in-kind contributions from governmental and private entities; |
21 | (2) Hold public hearings; |
22 | (3) Invite experts and other witnesses to submit testimony; and |
23 | (4) Contract with experts and consultants as necessary to inform deliberations and |
24 | recommendations. |
25 | (j) In addition to any other applicable law, rules, or regulations, the economic development |
26 | planning council shall be subject to the provisions of the Open Meetings Act, chapter 46 of this |
27 | title, and the Public Records Act, chapter 2 of title 38. |
28 | SECTION 32. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO AGRICULTURE AND FORESTRY -- FOREST CONSERVATION ACT -- | |
COMPOSITION OF STATE BOARDS AND COMMISSIONS, PUBLIC AUTHORITIES, AND | |
QUASI-PUBLIC CORPORATIONS | |
*** | |
1 | This act would remove appointees of state boards, commissions, public authorities and |
2 | quasi-public who have a corporate/business interest in the subject matter of the board or |
3 | commission. |
4 | This act would take effect upon passage. |
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