2017 -- S 0712

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

     RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

     Introduced By: Senators Ciccone, Lombardi, Felag, Archambault, and Lombardo

     Date Introduced: April 04, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-6-2 of the General Laws in Chapter 42-6 entitled "Departments

of State Government" is hereby amended to read as follows:

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

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

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

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

affairs, and a director of corrections, and the superintendent of the state police. 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 they are removed from office by special order

of the governor.

     SECTION 2. Sections 42-7.3-1, 42-7.3-3 and 42-7.3-5 of the General Laws in Chapter

42-7.3 entitled "Department of Public Safety" are hereby amended to read as follows:

     42-7.3-1. Declaration of purpose.

     The purpose of this chapter is to establish a public safety department. This department is

responsible to consolidate the law enforcement services presently provided by six five (5)

divisions and agencies within the executive branch of state government. The consolidation of

these divisions and agencies into a department of public safety will assure the provision of

professional services; will enable the most efficient and effective use of the state's public safety

resources; will allow for the consolidation of such functions as communications, training, and

operating procedures; and will protect the lives and promote the safety of the citizens of this state.

     42-7.3-3. Powers and duties of the department.

     The department of public safety shall be responsible for the management and

administration of the following divisions and agencies:

     (a) Office of the capitol police (chapter 2.2 of title 12).

     (b) State fire marshal (chapter 28.2 of title 23).

     (c) E-911 emergency telephone system division (chapter 28.2 of title 39).

     (d) Rhode Island state police (chapter 28 of title 39).

     (e) Municipal police training academy (chapter 28.2 of title 42).

     (f) Division of sheriffs (chapter 7.3 of title 42).

     42-7.3-5. Director of public safety -- Appointment.

     The department of public safety shall be administered by a director, who shall also serve

as superintendent of the Rhode Island state police. The director shall be appointed by the

governor and shall hold office at the pleasure of the governor and until a successor is appointed

and qualified.

     SECTION 3. Sections 42-28-2, 42-28-3 and 42-28-5 of the General Laws in Chapter 42-

28 entitled "State Police" are hereby amended to read as follows:

     42-28-2. Establishment -- Superintendent -- General duties.

     Within the department of public safety there shall be the Rhode Island state police. The

head of the state police shall be the superintendent of state police who shall be a qualified police

administrator and shall be appointed by the governor, shall serve at his or her pleasure and shall

have the rank of full colonel. The state police shall perform the duties required by this chapter;

and chapter 47 of title 11; and by all other provisions of the general laws and public laws, insofar

as those powers and duties relate to the Rhode Island state police and the superintendent of state

police. The superintendent shall appoint and supervise such officers as may be required by law.

     42-28-3. Scope of responsibilities.

     (a) The Rhode Island state police and the superintendent shall be charged with the

responsibility of:

     (1) Providing a uniformed force for law enforcement;

     (2) Preparing rules and regulations for law enforcement;

     (3) Maintaining facilities for crime detection and suppression; and

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     (4) Controlling traffic and maintaining safety on the highways.

     (b) The superintendent shall be ex-officio state fire marshal.

     (c) The superintendent shall also serve as the director of the department of public safety.

     42-28-5. Superintendent -- Appointment, tenure, duties, and retirement.

     (a) The governor shall appoint the superintendent of state police, who shall serve at the

pleasure of the governor, shall report directly to the governor, serve as a state department head

and shall perform the duties prescribed by this chapter.

     (b) Any superintendent who has served for at least ten (10) years and has reached the age

of sixty (60) years, may resign his or her office, and thereafter shall receive annually during his or

her life a sum equal to fifty percent (50%) of the salary he or she was receiving at the time of his

or her resignation, or for any superintendant hired on or after July 1, 2012 a sum equal to fifty

percent (50%) of the average compensation as defined in 36-8-1(5)(a) he or she was receiving at

the time of his or her resignation.

     (c) In no event shall the retirement allowance granted to a superintendent in accordance

with subsection (b) plus any other retirement allowance received by the superintendent from any

state or municipal retirement system exceed seventy-five percent (75%) of the average

compensation as defined in 36-8-1(5)(a) he or she was receiving at the time of his or her

resignation. This subsection (c) shall only apply to superintendents hired on or after July 1, 2012.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

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     This act would remove the state police from the department of public safety and would

have the superintendent report directly to the governor.

     This act would take effect upon passage.

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