It is enacted by the General Assembly as follows:

SECTION 1. Sections 28-7-4 and 28-7-7 of the General Laws in Chapter 28-7 entitled "Labor Relations Act" are hereby amended to read as follows:

28-7-4. Labor relations board -- Creation -- Appointment, qualifications, terms, and removal of members. -- There is hereby created in the department of labor a board to be known as the Rhode Island state labor relations board which shall be composed of five (5) {ADD seven (7) ADD} members who shall be appointed by the governor, by and with the advice and consent of the senate. Each member of the board at the time of his or her appointment shall be a citizen of the United States and a resident of the state of Rhode Island, and shall have been {ADD be ADD} a qualified elector in the state{ADD . ADD} for a period of at least one year next preceding his appointment. Two (2) {ADD Three (3) ADD} members of the board shall be a representative{ADD s ADD} of labor, one shall be a representative of industry, {ADD three (3) members shall represent management, including at least one (1) representative of local government ADD} one shall be a representative of local government , and one {ADD (1) member ADD} shall be a representative of the public generally. No member of the board during this period of service as such shall hold any other public office. The members of the board shall be appointed for terms of six (6) years each, except that any individual chosen to fill a vacancy shall be appointed for the unexpired term of the member whom he or she is to {ADD the newly appointed member ADD} succeed{ADD s ADD} . The governor shall designate one member to serve as chair of the board. Any member of the board may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, and for no other cause, after being given a copy of the charges and an opportunity to be publicly heard in person or by counsel.

{ADD The existing five (5) member board shall cease to exist upon passage of this act (except as provided below) and shall be replaced by the seven (7) member board, created herein. All new proceedings or business pending before the five (5) member board at the time of passage of this act shall be decided by the seven (7) member board, except for those proceedings presently pending before the existing board which have been completely heard by July 20, 1996, are closed by that date and are pending decision. Decisions shall be rendered by the existing board on these cases within ninety (90) days from passage of this act. If no decision has been rendered by that time, such cases shall be decided by the new seven (7) member board. ADD}

28-7-7. Compensation and expenses of members -- Provision of assistance. -- The compensation for members of the board shall be established by the unclassified pay plan board. The director of labor is hereby authorized and directed to provide the board with such clerical, legal and other assistance as shall be necessary to permit the board to perform its duties as provided in this chapter. The reasonable and necessary traveling and other expenses of the members of the board while actually engaged in the performance of their duties shall be paid from the state treasury upon the audit and warrant of the controller, upon vouchers approved by the director of labor and the chairperson. {ADD The board shall have the authority to select its own legal counsel consistent with available funds and such counsel shall work at the direction of the board. ADD}

SECTION 2. Title 42 of the General Laws entitled "State Affairs and Government" as amended, is hereby amended by adding thereto the following chapter:

{ADD42-16.1-1. Establishment of department -- Director. -- There is hereby established within the executive branch of state government a department of labor and training. The head of the department shall be the director of labor and training who shall be appointed by the governor with the advice and consent of the senate, and shall serve at the pleasure of the governor and until the appointment and qualification of a successor. The director shall receive such salary as provided by law. ADD}

{ADD42-16.1-2. Functions of director. -- The director of labor and training shall:

(a) Have all the powers and duties formerly vested by law in the director of labor with regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law conferred upon the department;

(b) Administer the labor laws of this state concerning women and children and be responsible for satisfactory working conditions of women and children employed in industry in this state by a division in the department which shall be known as the division of labor standards;

(c) Administer the act relating to state wage payment and wage collection;

(d) Have all of the powers and duties formerly vested in the director of the department of labor and administer those responsibilities set forth in chapters 29--38, inclusive, of title 28;

(e) Have all the powers and duties formerly vested by law in the director of employment and training and administer those responsibilities set forth in chapters 39--44, inclusive, of title 28 and chapter 102 of title 42. ADD}

{ADD 42-16.1-3. Transfer of functions from the department of labor. -- (a) There are hereby transferred to the department of labor and training all functions formerly administered by the department of labor under the provisions of chapter 4 of title 5; chapter 1 of title 25; chapters 1, 2, 4, 10 -- 15, inclusive, 18, 20, 25 and 29 -- 38, inclusive, of title 28; chapter 13 of title 37; chapters 1 -- 4, inclusive, and 6 -- 8, inclusive, of title 47; and of all other general laws and public laws heretofore carried out by the existing director of labor and the department of labor.

(b) Whenever in the general or public laws the words "director of labor" or "department of labor" shall appear, the same shall be deemed to mean the director of labor and training or the department of labor and training, as the case may be. ADD}

{ADD 42-16.1-4. Transfer of functions from the department of employment and training. -- (a) There are hereby transferred to the department of labor and training all functions formerly administered by the department of employment and training set forth in chapters 39--44, inclusive, of title 28 and chapter 102 of title 42; and of all other general laws and public laws heretofore carried out by the existing director of employment and training and the department of employment and training. The department of labor and training shall:

(1) be the principal executive department charged with administering employment and training programs in the state. The department shall establish a coordinated structure for delivery

(2) administer all employment and training programs formerly administered by the department of employment and training, including, without limitation, all state and local programs sponsored under the federal Job Training Partnership Act, 29 U.S.C. 1501 et seq.; and

(3) continue to work with the existing local regional employment and training boards and along with such other regional employment and training boards as maybe established from time to time by the Rhode Island Human Resource Investment Council, or its successor, and the department. Such boards shall operate according to the policies and guidelines established by the Rhode Island Human Resource Investment Council, or its successor; shall be responsible for establishing local planning and coordination guidelines; shall review and comment on all local plans, proposals, and programs that would be funded directly by state and/or federal agencies; shall assist in the development of public-private partnerships; and shall be responsible for the development of a local coordination plan covering programs and services within all service delivery areas located within the state.

(b) To the extent that there is any conflict between federal law and this section, federal law shall prevail.

(c) Whenever in the general laws or in any public law the words "director of employment and training" or "director of employment security" or "department of employment and training" or "department of employment security" shall appear, the same shall be deemed to mean the director of labor and training or the department of labor and training, as the case may be. ADD}

{ADD42-16.1-5. There shall be within the department of labor and training on education unit. -- The unit shall provide, in convenient locations throughout the state, education services to employees and employers concerning the prevention of occupational diseases and injuries, training for nonmanagement employees and employers in workers' compensation procedures, and substantive rights and information to employers and employees concerning known and suspected workplace hazards. The unit shall be funded through the workers' compensation administrative fund provided for in section 28-37-1. The director of labor and training may adopt regulations to implement the provisions of this section. ADD}

{ADD 42-16.1-6. Board of review -- Composition. -- There shall be a board of review consisting of three (3) members. One member shall be a representative of labor, one member shall be a representative of industry, and one member shall be a representative of the public generally. Not more than two (2) members of the board shall be of the same political party. ADD}

{ADD42-16.1-7. Appointment of board members. -- In January of each odd-numbered year, the governor shall submit to the senate the name of a person to act as a member of the board of review to succeed the member of the board whose term will next expire, and to hold office for a term of six (6) years and until his or her successor is appointed and qualified. Whenever the governor shall submit any name to the senate, the senate may within twelve (12) legislative days confirm or reject that appointment. If the senate shall fail for twelve (12) legislative days after the submission to confirm the appointment, the governor shall submit another appointment and so on in like manner until the senate shall confirm the person named by the governor, however, terms of current members of the board of review shall not be altered by this act. ADD}

{ADD42-16.1-8. Filling of vacancies on board. -- In case there is a vacancy in the board of review while the senate is in session, the governor shall appoint in the manner aforesaid. In case there is a vacancy in the board of review when the senate is not in session, the governor shall appoint some person to hold office until the next session thereof. Vacancies shall be filled in such manner that the representation of labor, industry, and the public shall at all times be retained on the board of review. ADD}

{ADD 42-16.1-9. Organization of board -- Restrictions on members -- Removal. -- The representative of the public shall be chairperson of the board of review. No hearing shall proceed in the absence of the chairperson of the board of review and the chairperson shall act alone in the absence of any other member. In the absence of the chairperson for more than thirty (30) days on in cases where the chairperson may not sit by law the chief referee may serve as acting chairperson of the board of review, provided, however, that the acting chairperson shall act only in the presence of the other two (2) members. No member of the board of review shall, during his or her term of office, serve as any officer or committee member of any political party organization, or as a member of the general assembly. The governor may at any time, after public hearing, remove any member of the board of review for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. ADD}

{ADD42-16.1-10. Compensation of board of review. -- The compensation of members of the board shall be determined by the unclassified pay board. The compensation shall be pro rated and made chargeable to the employment security administration fund and such other funds as shall be available for the payment of temporary disability insurance expenses or from such other sums as shall be allotted to the director by the general assembly. ADD}

{ADD42-16.1-11. Legal counsel to board of review. -- (a) The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with such instructions as he or she may receive from the board concerning appeals from its decisions and other related duties. Whenever the board of review may or shall become a party to a court action, the attorney shall represent its interests before the courts.

(b) The duly appointed attorney shall serve in this capacity from the date of his or her appointment by the board of review, and until his or her successor is appointed. ADD}

SECTION 3. Chapter 42-16 of the general laws entitled "Department of Labor" is hereby repealed in its entirety.

42-16-1. Department established -- Responsibilities. -- (a) There shall be a department of labor. The head of the department shall be the director of labor who shall carry out, except as otherwise provided by this title, the provisions of chapter 4 of title 5; chapter 1 of title 25; chapters 1, 2, 4, 10 -- 15, inclusive, 18, 20, 25 and 29 -- 38 inclusive of title 28; chapter 13 of title 37; chapter 19 of title 45; chapters 1 -- 4, inclusive, and 6 -- 8, inclusive, of title 47; and of all other general laws and public laws heretofore carried out by the existing director of labor and the department of labor. In enforcing the provisions of section 28-25-14, the director of labor shall name an arbitrator as required by law.

(b) On July 1, 1991 all the provisions of chapters 29 -- 38 inclusive, of title 28, heretofore carried out by the director of the department of workers' compensation, shall be carried out by the director of labor.

42-16-2. Functions of director. -- The director of labor shall:

(d) Have all the powers an duties formerly vested in the director of the department of workers' compensation and administer those responsibilities set forth in chapters 29 -- 38, inclusive, of title 28.

42-16-3. Transfer of powers and functions from department of labor. -- There are hereby transferred to the department of administration:

(C) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of labor as are incidental to and necessary for the performance of the functions transferred by divisions (A) and (B).

42-16-4. Education unit. -- There shall be within the department of labor an education unit. The unit shall provide, in convenient locations throughout the state, education services to employees and employers concerning the prevention of occupational diseases and injuries, training for nonmanagement employees and employers in workers' compensation procedures, and substantive rights and information to employers and employees concerning known and suspected workplace hazards. The unit shall be administered by a full-time salaried administrator who shall be appointed by the director of labor. The administrator shall be provided with sufficient staff to assist him in the performance of his or her duties. The unit shall be funded through the Workers' Compensation Administrative Fund provided for in section 28-37-1. The director of labor may adopt regulations to implement the provisions of this section.

42-16-5. Transfer of duties and functions from the department of workers' compensation. -- (a) There are hereby transferred to the department of labor all the functions, powers, rights, and duties and necessary resources of the department of workers' compensation heretofore carried out pursuant to the provisions of chapters 29 -- 38, inclusive, of title 28.

(f) The transfer of functions and duties from the department of workers' compensation to the department of labor shall not affect acts done, or any right accruing or accrued, or acquired or established, or any remedy for any injury thereto or any suit or proceeding had or commenced in any civil or criminal case before the transfer, but the proceedings in every case shall be made to conform, whenever the text of this chapter requires, to the provisions of this chapter.

SECTION 4. Chapter 42-19 of the General Laws entitled "Department of Employment and Training" is hereby repealed in its entirety.

42-19-1. Department established -- Director. -- There is hereby created a department of the state of Rhode Island which shall be known as the department of employment and training. The functions heretofore exercised by the unemployment compensation board shall be exercised by the department of employment and training. This department shall be administered by a director who shall be appointed by the governor with the advice and consent of the senate. The director shall be responsible to the governor and shall serve for a term of two (2) years.

42-19-1.1. Additional powers and duties and scope of activities of department -- Employment and training systems in the state. -- (a) Change of Name. Whenever in any general or public law, the words "Department of Employment Security" shall appear, the same shall be deemed to refer to and mean the "Department of Employment and Training".

(e) To the extent that there is any conflict between federal law and this section, federal law shall prevail.

42-19-3. Board of review -- Composition. -- There shall be created a board of review consisting of three (3) members. One member shall be a representative of labor, one member shall be a representative of industry, and one member shall be a representative of the public generally. Not more than two (2) members of the board shall be of the same political party.

42-19-4. Appointment of board members. -- In January of each odd-numbered year, the governor shall submit to the senate the name of a person to act as a member of the board of review to succeed the member of the board whose term will next expire, and to hold office for the term of six (6) years and until his or her successor is appointed and qualified. Whenever the governor shall submit any name to the senate, the senate may within twelve (12) legislative days confirm or reject that appointment. If the senate shall fail for twelve (12) legislative days after the submission to confirm the appointment, the governor shall submit another appointment and so on in like manner until the senate shall confirm the person named by the governor.

42-19-5. Filling of vacancies on board. -- In case there is a vacancy in the board of review while the senate is in session, the governor shall appoint in the manner aforesaid. In case there is a vacancy in the board of review when the senate is not in session, the governor shall appoint some person to hold office until the next session thereof. Vacancies shall be filled in such a manner that the representation of labor, industry, and the public shall at all times be retained on the board of review.

42-19-6. Organization of board -- Restrictions on members

42-19-6. Organization of board -- Restrictions on members -- Removal. -- The representative of the public shall be chairman of the board of review. No hearing shall proceed in the absence of the chairman of the board of review and the chairman shall act alone in the absence of any other member. In the absence of the chairperson for more than thirty (30) days or in cases where the chairman may not sit by law the chief referee may serve as acting chairman of the board of review, provided, however, that the acting chairman shall act only in the presence of the other two members. No member of the board of review shall, during his or her term of office, serve as any officer or committee member of any political party organization, or as a member of the general assembly. The governor may at any time, after public hearing, remove any member of the board of review for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

42-19-7. Compensation of board of review. -- The compensation of members of the board shall be determined by the unclassified pay board. The compensation shall be pro rated and made chargeable to the employment security administration fund and such other funds as shall be available for the payment of temporary disability insurance expenses or from such other sums as shall be ›allotted! to the director by the general assembly.

42-19-8. Legal counsel to board of review. -- (a) The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with such instructions as he or she may receive from the board concerning appeals from its decisions and other related duties. Whenever the board of review may or shall become a party to court action, the attorney shall represent its interests before the courts.

(b) The duly appointed attorney shall serve in this capacity from the date of his or her appointment by the board of review, and until his successor is appointed.

SECTION 5. Sections 42-6-1 and 42-6-2 of the General Laws in Chapter 42-6 entitled "Departments of State Government" are hereby amended to read as follows:

42-6-1. Enumeration of departments. -- All the administrative powers and duties heretofore vested by law in the several state departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the following departments and other agencies which are specified in this title:

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

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

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

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

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

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

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

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

(i) Department of elderly affairs (chapter 66 of this title);

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

(k) Department of employment and training (chapter 19 of this title);

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

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

(n) Office of higher education (chapter 59 of title 16);

(o) Department of labor {ADD and training ADD} (chapter 16 {ADD 16.1 ADD} of this title);

(p) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);

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

(r) Department of state library services (chapter 3.1 of title 29;

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

(t) Public utilities commission (chapter 14.3 of this title).

42-6-2. Heads of departments. -- The governor, secretary of state, attorney general and general treasurer, hereinafter called general officers, shall each be in charge of a department. There shall also be a director of administration, a director of human services, a director of mental health, retardation and hospitals, a director of transportation, a director of business regulation, a director of labor {ADD and training ADD} , director of environmental management, a director of employment and training, a director of state library services, a director for children youth, and families, a director of elderly affairs, and director of corrections. Each director shall hold office at the pleasure of the governor and he or she shall serve until his or her successor is duly appointed and qualified unless the director is removed from office by special order of the governor.

SECTION 6. Any proceeding or other business or matter undertaken or commenced, prior to the effective date of this act, by a department, division, or other administrative agency, the functions, powers, and duties whereof are assigned and transferred to the department of labor and training and pending the effective date of this act, may be conducted and completed by the director of the department of labor and training, or by a subordinate under his or her direction, in the same manner and under the same terms and conditions and with the same effect as though it were undertaken or commenced or completed by the department, division, or other administrative agency prior to said transfer.

SECTION 7. The omission in this act of a citation of any general law or public law now in force which makes it mandatory upon or permissive for any department, division, or other agency of the state to perform certain functions which by this act are assigned or transferred to the department of labor and training shall not (unless otherwise clearly intended) suspend or annul the right of the department of labor and training to carry out such functions.

SECTION 8. In order that there be no interruption in the administrative business of the state, the actual transfer of functions between any existing departments and agencies to the department of labor and training may be postponed after the effective date of this act until such time as, by executive order of the governor, the transfer herein provided can best be put into force and effect. Except as otherwise provided in this act, all officers and heads of existing departments, their subordinates and employees, whose functions and duties are preserved by this act shall continue to perform the same from the time this act takes effect in like manner as though they had been appointed or employed after the passage of this act.

SECTION 9. Upon the transfer of any function of any department of agency to the department of labor and training, the governor is hereby authorized to transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby.

SECTION 10. This act shall take effect upon passage.