2020 -- H 7084

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LC003597

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENTS OF STATE

GOVERNMENT

     Introduced By: Representatives O'Brien, Craven, McEntee, Caldwell, and McKiernan

     Date Introduced: January 10, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-6-1, 42-6-2, 42-6-3 and 42-6-4 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 that 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) [Deleted by P.L. 2019, ch. 88, art. 4, § 12];

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

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

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

     (m) Board of governors for higher education (chapter 59 of title 16);

     (n) Department of labor and training (chapter 16.1 of this title);

     (o) Department of behavioral healthcare, developmental disabilities and hospitals

(chapter 12.1 of this title);

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

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

     (r) Public utilities commission (chapter 14.3 of this title);

     (s) Department of revenue (chapter 142 of this title);

     (t) Department of public safety (chapter 7.3 of this title).;

     (u) Executive office of commerce (chapter 64.19 of this title); and

     (v) Executive office of health and human services (chapter 7.2 of this title).

     42-6-2. Heads of departments. Heads of departments, executive offices, and

commissioners of education.

     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, and a director of

corrections, a secretary of the executive office of health and human services, a secretary of

commerce of the commerce corporation, and the commissioners of elementary and secondary

education and postsecondary education. Each director, secretary, and commissioner 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, secretary, or commissioner is removed from office by

special order of the governor.

     42-6-3. Appointment of directors. Appointment of directors, secretaries of executive

offices, and commissioners of education.

     (a) At the January session following his or her election to office, the governor shall

appoint 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, and a director

of corrections, a secretary of the executive office of health and human services, a secretary of

commerce, and the commissioners of elementary and secondary education and postsecondary

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education. The governor shall, in all cases of appointment of a director, secretary, or

commissioner, while the senate is in session, notify the senate of his or her appointment and the

senate shall, within sixty (60) legislative days after receipt of the notice, act upon the

appointment. If the senate shall, within sixty (60) legislative days, vote to disapprove the

appointment, it shall so notify the governor, who shall forthwith appoint and notify the senate of

the appointment of a different person as director, secretary, or commissioner and so on in like

manner until the senate shall fail to so vote disapproval of the governor's appointment. If the

senate shall fail, for sixty (60) legislative days next after notice, to act upon any appointment of

which it has been notified by the governor, the person so appointed shall be the director,

secretary, or commissioner. The governor may withdraw any appointment of which he or she has

given notice to the senate, at any time within sixty (60) legislative days thereafter and before

action has been taken thereon by the senate.

     (b) Except as expressly provided in § 42-6-9, no director, secretary, or commissioner of

any department or office shall be appointed or employed pursuant to any contract of employment

for a period of time greater than the remainder of the governor's current term of office. Any

contract entered into in violation of this section after July 1, 1994, is hereby declared null and

void.

     42-6-4. Filling of vacancies.

     (a) In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in

session, the governor shall appoint a director, secretary, or commissioner to hold the office until

his or her successor is appointed and qualified in the same manner as provided in § 42-6-3;

provided, however, that no person so appointed to hold the office until his or her successor is

appointed and qualified shall serve in such position for more than ten (10) days unless that

person's name shall have been submitted to the senate for its approval.

     (b) In case of a vacancy while the senate is not in session, the governor shall appoint a

director, secretary, or commissioner to hold the office until the next session thereof; provided,

however, that no person should serve in such position for more than three (3) legislative days

after the senate convenes unless that person's name shall have been submitted to the senate for its

approval.

     (c) In no case shall the governor appoint or designate any person to serve as "interim" or

"acting" director, secretary, or commissioner of any department or office in circumvention of this

section.

     SECTION 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The

Rhode Island Board of Education Act" is hereby amended to read as follows:

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     16-97-1.2. Powers and duties of the board of education.

     The board of education shall have the following powers and duties:

     (a) To develop and adopt a strategic plan defining broad goals and objectives for

education in the state. These goals and objectives shall be expressed in terms of the future

educational attainment of the population, quality of life and economy of Rhode Island, including

but not limited to what children, men and women should know and be able to do as a result of

their educational experience and the contributions of education to meeting the workforce and

economic development needs of Rhode Island. The board shall approve the strategic plans for

elementary and secondary education and postsecondary education in terms of the alignment of

these strategic plans with the overall strategic plan of the board of education. The board shall

continuously evaluate the efforts of the council on elementary and secondary education and the

council on postsecondary education to implement the strategic plans and shall review the results

of education in the light of these objectives;

     (b) To prepare and maintain a five (5) year strategic funding plan for all levels of

education in Rhode Island. The board shall determine priorities of expenditures for public

education purposes of state revenues and other public resources made available for the support of

public education and direct the council on elementary and secondary education and the council on

postsecondary education to implement those priorities when developing the annual budget for

elementary and secondary education and higher education. The councils shall present their annual

budgets to the board for its review and approval. Nothing contained in this subdivision shall

authorize the board to alter the allocation of grants or aid otherwise provided by law;

     (c) To develop and submit to the general assembly for approval a performance funding

formula for public higher education that furthers the purposes of the board and ensures that all

students may achieve educational excellence;

     (d) To develop policies that maximize the potential of collaboration from elementary and

secondary education through higher education systems and that improve efficiencies at all levels

of the education system through improved coordination of activities;

     (e) To embrace the legislative findings regarding virtual education established by § 16-

22.1-2 of the general laws and adopt goals and policies that address these findings and to

encourage the council on elementary and secondary education and the council for postsecondary

education to develop and or improve virtual learning experiences for Rhode Island students;

     (f) To approve the appointment of a commissioner of elementary and secondary

education.

     (g) To approve the appointment of a commissioner of postsecondary education.

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     (h) To conduct a training course for newly appointed and qualified board members within

six (6) months of their qualification. The course shall be developed by the chairperson of the

board, approved by the board, and conducted by the chairperson of the board. The board may

approve the use of any board or staff members or other individuals to assist with training. The

training course shall include instruction in the following areas: the provisions of chapters 42-46,

36-14, and 38-2; and the board's own rules.

     SECTION 3. This act shall take effect upon passage.

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LC003597

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENTS OF STATE

GOVERNMENT

***

     This act would require that the secretary of the executive office of health and human

services (EOHHS), the secretary of commerce of the commerce corporation and the

commissioners of elementary and secondary education and postsecondary education be appointed

subject to the approval of the senate. Senate approval would also be required for most temporary

appointments to these positions.

     This act would take effect upon passage.

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LC003597

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