04-R 324

2004 -- H 8530 AS AMENDED

Enacted 06/10/04

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

CREATING THE HOUSE OVERSIGHT COMMITTEE

Introduced By: Representatives E Coderre, Kilmartin, Lima, Crowley, and Williamson

Date Introduced: May 13, 2004

WHEREAS, It is the constitutional duty of the legislature to conduct oversight of the

executive branch and the various boards, commissions, agencies and quasi-public corporations,

organized and existing from time to time; and now, therefore be it

RESOLVED, That a standing House committee be and the same hereby is created and

entitled "The House Oversight Committee" consisting of eighteen (18) members from the House

of Representatives, including the chairperson of the House Finance Committee, not more than

fifteen (15) of the same political party, to be appointed by and serve at the pleasure of the Speaker

of the House, nine (9) of which shall constitute a quorum.

The committee shall be empowered to conduct legislative oversight of the accountability

and performance of all departments, boards, commissions, quasi-public corporations and statutory

entities (hereinafter collectively referred to as "entities") that exercise executive governmental

functions dealing with or affecting operations, policies, statutes or regulations of the State of

Rhode Island and to determine compliance with legislative intent, assess operational efficiency

and recommend changes in the administrative structure of state departments, and engage in all

other activities related to the discharge of its oversight responsibilities. The committee and the

auditor general shall cooperate in performing their respective duties.

The Joint Committee on Legislative Services shall provide suitable quarters in the State

House or elsewhere for the committee members and staff. The committee shall be provided with

legal counsel and other staff as appropriate to carry out its duties and functions. With the

approval of the Speaker of the House after written application by the chairperson, the committee

may hire and retain experts and consultants to advise it and if necessary provide testimony upon

matters requiring specialized education, training, experience and/or expertise.

In addition to its general and plenary oversight authority, the committee may:

(a) Hold hearings;

(b) Conduct investigations, audits and inquiries;

(d) Report its findings to the House for further action if necessary; and

(e) Review all rules and regulations proposed or promulgated under the Administrative

Procedures Act and propose appropriate and necessary rules and regulations for promulgation by

the appropriate agency or department.

A chairperson of the committee shall be chosen by majority vote of the members, and the

Speaker shall appoint the vice-chairperson and secretary of the committee. The chairperson may,

with the approval of the Speaker, establish subcommittees to aid the full committee in performing

its functions. Chairpersons of such subcommittees shall be chosen by the Speaker.

Subcommittees may include, but not be limited to the following subject areas:

General Government

Administration

Business Regulation

Labor and Training

Rules and Regulations

Lt. Governor

Secretary of State

General Treasurer

Board of Design Professionals

Board of Elections

RI Ethics Commission

Governor's Office

Public Utilities Commission

Commission on Women

Quasi-Public Corporations

Human Services

Children, Youth & Families

Elderly Affairs

Human Services

Mental Health, Retardation & Hospitals

Human Rights

Health and Advocates

Health

Child Advocate

Deaf & Hard of Hearing

Developmental Disabilities

Commission on Disabilities

Mental Health Advocate

Education

Elementary & Secondary Education

Higher Education

Arts Council

Atomic Energy

Higher Education Assistance Authority

Historical Preservation

Public Telecommunications

Public Safety

Attorney General

Corrections

Judicial

Military Staff

E-911

Fire Safety Code

RI State Fire Marshal

Judicial Tenure & Discipline

RI Justice Commission

Municipal Police Academy

State Police

Public Defender

Transportation/Environment

Environmental Management

Coastal Resource Management Council

Water Resources

Transportation

The Speaker may appoint other members of the House Finance Committee to serve on

the House Oversight Committee.

In order to carry out its duties and purposes, the committee shall have the following

powers and authority:

(1) To require that the entities periodically submit operational, policy and budgetary

plans and goals for review and oversight by the committee;

(2) To establish and execute procedures and processes to oversee each entity's operational

performance to assess the attainment of their respective goals;

(3) To recommend actions to the House when it is necessary to modify, enhance,

reorganize, eliminate or reassign the functions, work scope and powers of these entities;

(4) Subject to paragraph 10 hereinafter provided, the committee shall have access to all

records, reports, audits, reviews, papers, books, documents, recommendations, correspondence

(including information relative to the purchase of services or anticipated purchase of services)

from any entity over which oversight is provided and any other data and material that is

maintained by or available to any such entity regardless of the media in which it is maintained,

which in any way relates to the programs and operations of the state of Rhode Island;

(5) The committee may request information, cooperation and assistance from any state

agency as well as the entities as may be necessary for carrying out its duties and responsibilities.

Upon receipt of such request, each person in charge of the governing body shall furnish to the

committee such information, cooperation and assistance, including information relative to the

purchase of services or anticipated purchase of services from any contractor by any public body

within ten (10) business days of receipt of its request, or at such other time as the request may

require. If the research for the information requested cannot be complied with within the ten (10)

business days, the senior official of the governmental agency must notify the committee before

the expiration of the ten (10) business days as to the reason that the request cannot be complied

with within the time frame provided in this section and shall provide a specific date for expected

compliance;

(6) The committee may initiate and conduct investigations, audits (performance or

financial) and compliance reviews and shall prepare detailed reports relating to findings and

conclusions concerning the administration of the programs and operations of the entity over

which oversight is conducted and may conduct an examination of any public documents;

(7) The committee may request the production, on a voluntary basis, of testimony or

documents from any entity over which oversight is conducted which relate to actions or matters

that pertain to such entity's duties and responsibilities.

(8) The committee, upon a majority vote of its members constituting a quorum and with

the written approval of the Speaker of the House, may issue a subpoena pursuant to Rhode Island

general laws section 22-6-2.1 for the production of all records, reports, audits, reviews, papers,

books, documents, recommendations, correspondence and any other data and material relevant to

any matter under audit or investigation pursuant to the provisions of this resolution, no matter in

which media the information is maintained;

(9) Whenever the committee has reason to believe that a person or persons has

information or evidence in his/her possession with respect to any matter which is within its

jurisdiction to investigate it may, upon a majority vote of its members constituting a quorum and

with written approval of the Speaker of the House, issue a subpoena pursuant to Rhode Island

general laws section 22-6-2.1 for the attendance and testimony under oath of any such person(s)

as well as the production of specified documents in such person's possession or control; and

(10) Committee meetings shall be open and its records open except to the extent the

committee obtains documents that are not public records under Rhode Island general laws section

38-1-1.1, et seq. or are documents protected by a legally recognized privilege, the committee shall

protect such privacy interest or privilege and may enter into binding agreements with the entity

producing the documents to protect such privacy interests or privilege.

(11) The committee may conduct its business and shall retain full powers regardless of

whether or not the general assembly is in session.

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LC03332

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