2025 -- S 0300

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LC000281

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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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

     

     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:

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     SECTION 1. Section 2-27-3 of the General Laws in Chapter 2-27 entitled "Forest

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Conservation Act" is hereby amended to read as follows:

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     2-27-3. Forest conservation commission.

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     (a)(1) There is established the forest conservation commission consisting of the directors

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of the department of environmental management and the department of administration, or their

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respective designees; and nine (9) eight (8) public members to be appointed by the director of the

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department of environmental management. The public appointees shall include at least one member

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with knowledge or experience in forestry; one member with knowledge or experience with urban

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and community forestry; one member familiar with land use and community planning issues; one

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member active in land preservation; one member representing forest landowners; one member

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representing an environmental organization; and one member with knowledge of forest habitat; and

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one member representing a forest products business. No person shall be eligible for appointment

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pursuant to this section unless he or she is a resident of this state.

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     (2) The members shall serve for terms of five (5) years each; provided, however, that of

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the members first appointed, one shall serve for one year, one shall serve for two (2) years, one

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shall serve for three (3) years, one shall serve for four (4) years, and the remaining members shall

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serve for five (5) years, from January first next succeeding their appointment, as the director shall

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designate.

 

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     (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same

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manner as the original appointment.

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     (4) Upon expiration of a member’s term, that member shall continue as a member until that

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member’s successor is appointed and qualified. Any person serving a term shall be eligible for

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appointment.

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     (b) No member, including ex officio members, shall receive compensation for the

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performance of his or her duties as a member; provided, however, that each appointed member may

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be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred during

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the performance of his or her official duties.

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     (c)(1) The commission shall designate annually from its members a chairperson and a vice

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chairperson.

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     (2) Whenever public hearings are required under this chapter, or whenever the commission

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determines a public hearing is appropriate, the commission shall use reasonable efforts to hold

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those hearings at a place or places that will reasonably accommodate the interested parties.

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     (3) Seven (7) Six (6) voting members of the commission shall constitute a quorum for the

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transaction of any business or the exercise of any power of the commission. Except as otherwise

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provided in this chapter, the commission shall have the power to act by a majority of the members

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present at any meeting at which a quorum is in attendance.

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     (d) The director may remove any member for cause or misconduct in office after giving

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him or her a copy of the charges against him or her and an opportunity to be heard, in person or by

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counsel, in his or her defense, upon not less than ten (10) days’ notice. If any member shall be

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removed, the director shall file in the office of the secretary of state a complete statement of charges

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made against the member and his or her findings, together with a complete record of the

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proceedings.

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     (e) The director shall have the authority to establish subcommittees to fulfill the purposes

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of the commission. The subcommittee members shall be advisory to the commission and shall be

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comprised of key stakeholders representative of the issue(s) to be addressed.

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     SECTION 2. Section 5-6-4 of the General Laws in Chapter 5-6 entitled "Electricians" is

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hereby amended to read as follows:

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     5-6-4. Board of examiners — Composition — Appointment of members — Policy-

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making role.

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     (a)(1) There is created in the division of professional regulation, in the department of labor

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and training, a state board of examiners of electricians that at all times consists of seven (7) six (6)

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qualified electors of the state as follows:

 

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     (i) A member of an electrical inspection department of any city or town with, at least, five

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(5) years’ experience as an electrical inspector to represent the general public;

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     (ii) A qualified electrical contractor to represent employers;

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     (iii) A journeyperson electrician to represent labor;

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     (iv) The state fire marshal, who is ex officio, or his or her designee;

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     (v) A qualified employee of any electric utility company to represent the utility companies;

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     (vi) A journeyperson electrician to represent organized labor selected from a list of three

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(3) persons submitted to the governor by the American Federation of Labor — Congress of

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Industrial Organizations (AFL-CIO); and

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     (vii) A member of the Rhode Island Sign Contractors Association.

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     (2) On or before January 31, the governor shall annually appoint a member or members of

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the board to succeed the member or members whose term is at that time expiring who shall serve

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for four (4) years or until his or her successor is elected and qualified. Any vacancy that occurs in

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the board from any cause shall be filled by the governor for the remainder of the unexpired term.

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     (b) The board has a policy-making role in the preparation and composition of the

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examinations to be administered by the division. Subsequent to the administration of the

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examinations, the board of examiners shall review the examinations to evaluate their effectiveness.

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The board shall supervise the operation of the division in an advisory capacity in promulgating any

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policy that is necessary to improve the operation of the division in their area of expertise. The

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promulgation of that policy is subject to the approval of the director of the department. Members

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of the board are subject to the provisions of chapter 14 of title 36.

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     (c) The director of labor and training has the power to revoke or suspend the certificate or

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license or impose a fine upon the certificate or license holder, for all certificates and licenses issued

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by the division of professional regulation, after a hearing before and upon the recommendation of

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the board of examiners of electricians.

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     SECTION 3. Section 5-13-3 of the General Laws in Chapter 5-13 entitled "Horse Riding

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Schools" is hereby amended to read as follows:

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     5-13-3. Board of inspection.

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     (a) There is created in the department of environmental management a state board of

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inspection of horse riding schools to consist of three (3) qualified electors of the state:

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     (1) The general agent of the Rhode Island Society for the Prevention of Cruelty to Animals;

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     (2) A duly qualified and licensed veterinarian to be appointed by the director of the

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department of environmental management; and

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     (3) The owner or operator of a riding school in this state who is not the owner to be

 

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appointed by the director.

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     (b) The general agent of the Rhode Island Society for the Prevention of Cruelty to Animals

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shall serve as a member of the board during the time he or she holds his or her position as general

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agent. The other members of the board shall serve at the pleasure of the director of the department

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of environmental management. All the members of the board shall serve without compensation but

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are allowed their actual expenses incurred in the performance of their duties. The director of the

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department of environmental management shall furnish to the board necessary clerical assistance

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and supplies.

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     SECTION 4. Section 5-19.1-3 of the General Laws in Chapter 5-19.1 entitled "Pharmacies"

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is hereby amended to read as follows:

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     5-19.1-3. State board of pharmacy — Creation — Membership — Oath — Vacancies.

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     (a) Within the department of health, there shall be a board of pharmacy, consisting of nine

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(9) five (5) individuals, residents of the state of Rhode Island, one of whom shall be a registered

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pharmacist who is currently employed in the department of pharmacy at a hospital corporation in

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the state of Rhode Island during his or her term of appointment; two (2) of whom shall be actively

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engaged in the practice of independent retail pharmacy; two (2) of whom shall be representatives

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of the Rhode Island drug chain stores; two (2) of whom shall be actively engaged in any field of

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pharmacy practice; and two (2) of whom shall be from the public. All members, except the public

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members, shall be registered pharmacists and shall have been a licensed pharmacist for five (5)

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consecutive years in the state of Rhode Island immediately prior to appointment.

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     (b) Members of the board shall hold office for a term of three (3) years. Appointment of

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members shall occur as individual appointments expire, such that the composition of the board will

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not be altered. All appointments shall be made by the director of health with the approval of the

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governor.

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     (c) No person who has been appointed to and served for three (3) full consecutive three-

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year (3) terms shall be eligible for appointment to the board.

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     (d) Each member shall qualify by taking the usual oath of a state officer, which shall be

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filed with the secretary of state, and each member shall hold office for the term of his or her

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appointment and until his or her successor is appointed and qualified.

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     In the case of the resignation or disqualification of a member, or a vacancy occurring from

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any cause, the director shall appoint a successor for the unexpired term.

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     SECTION 5. Section 5-20.7-4 of the General Laws in Chapter 5-20.7 entitled "Real Estate

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Appraiser Certification Act" is hereby amended to read as follows:

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     5-20.7-4. Creation of board — Composition — Appointment, terms, and

 

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compensation of members.

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     (a)(1) Within the department of business regulation, there is created the Rhode Island real

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estate appraisers board which shall consist of ten (10) members to be appointed by the governor.

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Six (6) of the board members shall be practicing former and non-practicing appraisers and, for the

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initial board appointment, shall be former members in good standing of one of the following

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professional associations or the successor associations: the American Institute of Real Estate

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Appraisers, the Society of Real Estate Appraisers, the International Right of Way Association, the

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National Association of Independent Fee Appraisers, or the International Association of Assessing

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Officers. Where possible, at least one but not more than two (2) appraiser appointments shall be

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from the membership of each of these professional organizations.

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     (2) One board member shall be a member of the general public, and shall not be engaged

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in the practice of real estate appraisal. One board member shall hold a real estate license under

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chapter 20.5 of this title and shall not be a state-certified real estate appraiser. One member shall

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be a representative of the Rhode Island banking industry. The director of the department of business

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regulation or the director’s designee shall serve at all times as a member of the board ex officio

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without voting privileges.

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     (3) The term of office of the initial members and the powers of the initial board expire on

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December 31, 1991.

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     (b) Commencing January 1, 1992, and subsequently, the board shall consist of ten (10)

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members:

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     (1) Six (6) members shall be state-certified appraisers:

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     (i) Two (2) appraiser members shall be appointed for a term of three (3) years;

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     (ii) Two (2) members for a term of two (2) years; and

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     (iii) Two (2) members for a term of one year;

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     (2) One board member shall be a member of the general public, appointed for a term of

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three (3) years, and shall not be engaged in the practice of real estate appraisal;

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     (3) One board member shall hold a real estate license under chapter 20.5 of this title,

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appointed for a term of two (2) years and shall not be a state-certified real estate appraiser;

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     (4) One member shall be a representative of the Rhode Island banking industry and shall

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be appointed for a term of one year; and

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     (5) The director of the department of business regulation, or his or her designee, shall serve

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at all times as a member of the board ex officio without voting privileges.

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     (c)(1) Successors of all members shall each be appointed for terms of three (3) years and

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until their successors are appointed and qualified by subscribing to the constitutional oath of office,

 

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which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the

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unexpired term. No member shall be appointed to succeed himself or herself for more than two (2)

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terms. Upon qualification of the appointed members, the board shall organize by selecting from its

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members a chairperson and vice-chairperson with a term of office of one year.

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     (2) The board shall meet not less than once each month or as necessary in order to conduct

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its business, the dates and times of which shall be decided by a vote of the members.

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     (3) Each real estate appraiser member of the board appointed as of January 1, 1992, must

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be a state-certified real estate appraiser. At least one-half (½) of the appraiser members shall hold

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the general appraisal certificate and not less than two (2) shall hold the residential appraisal

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certificate.

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     (4) Upon expiration of their terms, members of the board shall continue to hold office until

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the appointment and qualification of their successors. The appointing authority may remove a

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member for cause.

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     (5) A quorum of the board is a majority of the voting members of the board members

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appointed and/or sitting, whichever is less, with at least three (3) of these members required to be

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appraiser members.

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     (6) The department of business regulation, with the assistance of the board, shall implement

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a program for recertification on or before July 1, 1992, and establish any reasonable rules and

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regulations that are appropriate to insure that the examination, education, and experience

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requirements of certificate and license holders meet the public interest and the minimum standards

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of the Appraisal Foundation.

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     (d) [Deleted by P.L. 2023, ch. 163, § 1 and P.L. 2023, ch. 164, § 1.]

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     (e) No member of the board shall receive compensation for their official duties on the board

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but shall be reimbursed for their actual and necessary expenses incurred in the performance of their

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official duties.

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     SECTION 6. Section 5-38-2 of the General Laws in Chapter 5-38 entitled "Automobile

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Body Repair Shops" is hereby amended to read as follows:

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     5-38-2. Duties of department of business regulation — Advisory board.

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     (a) The department of business regulation shall issue licenses as provided for in § 5-38-6;

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and shall authorize the transfer of licenses and the establishment of new offices for previously

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licensed auto body repair shops. In addition to licensing, the department’s oversight of auto repair

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shops shall be limited to:

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     (1) Acting on complaints from consumers and law enforcement officials; and

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     (2) Revoking, suspending, or taking other disciplinary actions with respect to facilities,

 

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corporations, or persons licensed under this chapter; and

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     The department of business regulation shall adopt reasonable rules and regulations for the

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licensing of automobile body repair shops and schools for the instruction in automobile body repair.

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     (b) To establish within the department of business regulation, divisions of commercial

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licensing and regulation, the auto collision repair licensing advisory board consisting of nine (9)

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seven (7) members appointed by the governor, consisting of the following, who shall serve a term

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of five (5) years:

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     (1) One president, or his or her designee, from an association of independent, non-

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networked, Rhode Island auto body shops;

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     (2) Two (2) representatives from the department of business regulation;

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     (3) One from the association of new car dealers;

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     (4) One from the insurance industry;

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     (5) One from law enforcement;

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     (6) One from the general public; and

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     (7) One from the glass installation/repairers industry; and

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     (8) One from an association representing network or direct repair auto body repair shops.

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     (c) The board may adopt, amend, and rescind rules and regulations as necessary to carry

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out the provisions of this chapter with the prior approval of the director.

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     (d) The board may oversee investigations of conduct deemed unprofessional against any

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licensed facility, person, or corporation subject to this chapter and may hold hearings to determine

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whether the charges are substantiated or unsubstantiated.

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     (e) The board may recommend to the director of the department of business regulation that

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the director license qualified applicants.

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     (f) The board may meet at least once a month or more often upon the call of the chairperson

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or director of the department of business regulation.

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     (g) To recommend to the director of the department of business regulation to revoke,

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suspend, or take other disciplinary action with respect to facilities, corporations, or persons licensed

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under this chapter.

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     (h) To adopt and publish, with the prior approval of the director of the department of

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business regulation, rules of procedure and other regulations in accordance with the administrative

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procedure act, chapter 35 of title 42.

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     (i) The board members shall receive no compensation.

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     (j) Following each monthly board meeting, the board may, if consistent with the public

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interest, submit any: (1) Unresolved issue reasonably related to its jurisdiction under this statute to

 

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the director of the department of business regulation for his or her review at his or her discretion;

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or (2) Seek a declaratory ruling pursuant to central management regulation 3 (“declaratory rulings

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and petitions from the director”) as to any unresolved issue within the scope of this statute.

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     (k) Board members shall continue to serve until their replacement is named.

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     SECTION 7. Section 5-68.1-3 of the General Laws in Chapter 5-68.1 entitled "Radiologic

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Technologists" is hereby amended to read as follows:

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     5-68.1-3. Board — Composition — Appointment and terms of members — Duties.

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     (a) Within the Rhode Island department of health there shall be a board of radiologic

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technology consisting of seven (7) members as follows:

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     (1) One member shall be a member of the public who has no financial interest in radiologic

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technology other than as a consumer or possible consumer of its services. They shall have no

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financial interest personally or through a spouse.

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     (2) Two (2) members of the board shall be former licensed practitioners, one of whom shall

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be a former radiologist who utilizes utilized ionizing radiation in the normal course of his or her

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practice. Nominations for the licensed practitioner board members shall be submitted by the Rhode

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Island Medical Society and the Rhode Island Radiological Society to the director for approval.

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     (3)(i) Three (3) members of the board shall be formerly licensed under this chapter. One

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shall be from radiography, one shall be from nuclear medicine, and one shall be from radiation

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therapy.

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     (ii) The director shall appoint as radiologic technologist members of the board, individuals

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currently practicing who practiced as registered radiologic technologists in Rhode Island.

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     (4) One member shall be a representative of the hospital association who shall be

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nominated by the Hospital Association of Rhode Island and submitted to the director for approval.

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     (5)(i) The director, with the approval of the governor, shall make appointments for a three-

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year (3) term, but no individual shall serve more than two (2) consecutive terms. Members of the

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board as of the effective date of this chapter, who were previously appointed pursuant to § 5-68-4,

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shall continue to serve for the remainder of their appointed term.

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     (ii) In the event of a vacancy in one of the positions, the director, with the approval of the

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governor, may appoint an individual who shall fill the unexpired term.

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     (6) The board shall meet during the first month of each calendar year to select a chairperson

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and for other purposes. At least one additional meeting shall be held during each calendar year.

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Meetings may also be called at any time by the chairperson, the director, or by written request of

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two (2) members of the board. A majority of the fully authorized board constitutes a quorum.

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     (b) The duties of the board shall be as follows:

 

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     (1) To evaluate the qualifications of applicants and review the required examination results

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administered by a testing agency approved by the board;

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     (2) To recommend to the director the issuance of licenses to applicants who meet the

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requirements of this chapter;

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     (3) To administer, coordinate, and enforce the provisions of this chapter and investigate

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persons engaging in practices that may violate the provisions of the chapter;

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     (4) To recommend to the director the denial or revocation of licenses to practice radiologic

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technology as provided in this chapter; and

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     (5) To recommend to the director adoption of rules and regulations pursuant to this chapter.

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     SECTION 8. Section 16-42-3 of the General Laws in Chapter 16-42 entitled "Education of

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Gifted Children [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

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amended to read as follows:

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     16-42-3. State advisory committee.

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     (a) A state advisory committee shall be established by the department of elementary and

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secondary education. The committee shall be comprised of not less than fifteen (15) fourteen (14)

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members: one of whom shall be the chairperson of the house finance committee or designee; one

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of whom shall be the chairperson of the senate finance committee or designee; one of whom shall

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be representative of the Rhode Island association of school superintendents; two (2) of whom shall

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be representatives of the Rhode Island association of school principals; two (2) of whom shall be

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school teachers; one of whom shall be representative of the state council on the arts; one of whom

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shall be a representative of a gifted project; two (2) of whom shall be educator representatives of

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higher education; one of whom shall be representative of the Rhode Island association of school

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committees; and two (2) of whom shall be representatives of the public who shall be parents; and

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one of whom shall be representative of business/industry.

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     (b) In appointing members to the state advisory committee, the commissioner of

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elementary and secondary education shall ensure equal access and opportunity for participation to

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all interested parties. Members of the state advisory committee shall serve without compensation

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and shall meet a minimum of four (4) times a year. The advisory committee shall advise the

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commissioner of elementary and secondary education on all matters pertaining to the education of

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gifted and talented students.

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     SECTION 9. Sections 16-53-2 and 16-53-8 of the General Laws in Chapter 16-53 entitled

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"Rhode Island Board of Trustees on Career and Technical Education [See Title 16 Chapter 97 —

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The Rhode Island Board of Education Act]" are hereby amended to read as follows:

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     16-53-2. Composition of board of trustees.

 

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     (a) The board of trustees shall be composed of fifteen (15) members appointed by the

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governor in staggered terms; all the members shall serve until their successors are appointed and

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qualified, except as otherwise provided for in subsection (b) of this section. In the month of March,

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the governor shall appoint members to succeed the members whose term will then next expire for

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a term of three (3) years commencing on the first day of July then next following and until the

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successor is named and qualified. A member shall be eligible to succeed himself or herself. A

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vacancy other than by expiration shall be filled in the same manner as an original appointment but

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only for the unexpired portion of the term.

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     (b) The fifteen (15) members of the board of trustees shall be limited to nine (9) consecutive

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years of service and shall consist of:

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     (1) Nine (9) individuals who are representative of the private employment sector in the

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following manner members of the public having previously served in the private employment

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sector:

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     (i) Five (5) of whom shall be representative of business, industry, and agriculture including:

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     (A) Two (2) members who are representatives of general business concerns;

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     (B) One member who is a representative of small business concerns;

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     (C) One member who is a private sector member of the governor’s workforce board, or the

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Rhode Island workforce investment board, or state job training coordinating council (established

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pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C. § 1532); and

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     (D) One member who is a representative of the CTE trust established pursuant to this

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chapter;

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     (ii) Two (2) members who are representatives of labor organizations, one of whom must

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be a career and technical teacher; and

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     (iii) Two (2) members from trade associations representing employers in the state.

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     (2) Five (5) individuals who are representative of secondary and postsecondary educational

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institutions including:

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     (i) One member who is a representative of the Rhode Island association of school

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superintendents;

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     (ii) One member who is a representative or the director of career and technical education

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programs and/or facilities;

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     (iii) The commissioner of elementary and secondary education, or his/her designee:

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     (iv) The commissioner of higher education, or his/her designee: and

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     (v) One member who is a representative of adult education and skills training.

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     (3) The secretary of commerce or his/her designee shall be the fifteenth (15th) member ex

 

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officio.

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     (c) In selecting individuals to serve on the state board, due consideration shall be given to

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the appointment of individuals who serve on a private industry council under the Job Training

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Partnership Act (established pursuant to 29 U.S.C. § 1512), or on councils established under other

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related federal acts.

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     (d) Members of the board of trustees may not represent more than one of the above-

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specified categories, and there shall be appropriate representation of both sexes, racial, and ethnic

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minorities, and the various geographic regions of the state.

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     (e) The state shall certify the establishment and membership of the state board of trustees

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at least ninety (90) days prior to the beginning of each planning period described in § 113(a)(1) of

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United States Public Law 98-524, 20 U.S.C. § 2323(a)(1).

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     16-53-8. Creation of career and technical education trust.

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     (a) Rhode Island CTE trust established. Effective January 15, 2015, there is hereby created

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a permanent, not-for-profit corporation to be known as the Rhode Island CTE trust on career and

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technical education.

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     (b) Composition of the CTE trust. The power of the trust shall be vested in nine (9)

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members appointed originally by the governor in staggered terms. All the members shall serve until

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their successors are appointed and qualified. After the original appointments, the CTE trust shall

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have authority to appoint successors to fill terms for seven (7) of the members set forth in subsection

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(d)(1) of this section.

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     (c) The CTE trust shall coordinate with, but shall remain independent from, both RIDE and

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the board of education.

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     (d) The membership of the CTE trust shall be as follows:

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     (1) Seven (7) individuals who are formerly representative of the private sector in the state

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who shall constitute a majority of the membership. From among this group, five (5) members shall

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be formerly representative of business, industry, and agriculture, including, but not limited to:

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     (i) At least one representative from the various trades that are performed in the state; and

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     (ii) At least one representative from any trade association representing various career and

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technical education career clusters established by the U.S. Department of Education.

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     (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,

 

LC000281 - Page 11 of 41

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

 

LC000281 - Page 34 of 41

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

 

LC000281 - Page 35 of 41

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

 

LC000281 - Page 36 of 41

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.

 

LC000281 - Page 37 of 41

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.

 

LC000281 - Page 38 of 41

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

 

LC000281 - Page 39 of 41

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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LC000281 - Page 40 of 41

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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LC000281 - Page 41 of 41