Chapter
319
2005 -- S 1179 SUBSTITUTE A AS AMENDED
Enacted 07/15/05
A N A C T
Relating to SEPARATION OF POWERS
Introduced By: Senator J. Michael Lenihan
Date
Introduced: June 16, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Section 42-113-4 of the General Laws in Chapter 42-113 entitled "Rhode
Island
Housing and Conservation Trust Fund Act" is hereby amended to read as
follows:
42-113-4.
Creation of the Rhode Island housing and conservation board. -- (a)
There
is hereby
authorized, created and established a body politic and corporate to be
known as the
"Rhode
Island housing and conservation board" to carry out the provisions of this
chapter. The
board is
constituted a public instrumentality exercising public and essential
governmental
functions,
and the exercise by the board of the powers conferred by this chapter are
deemed and
held to
be the performance of an essential governmental function of the state.
(b)
The board shall consist of eleven (11) nine (9) members.
(1)
The four (4) non-voting ex-officio members shall include the director of
the
department
of environmental management, or a designee who is determined upon the advice
of
the
natural heritage commission, the
director of the office of intergovernmental affairs/housing, or
designee,
the executive director of the Rhode Island housing and mortgage finance
corporation,
or
designee, and the director of the office of statewide planning, or designee.
(2)
The public members shall consist of one member of the house of
representatives
appointed
by the speaker, one member of the senate appointed by the president of the
senate, the
chairperson
of the Rhode Island community reinvestment association, or designee, the
president
of
the environmental council of Rhode Island, or designee, the president of the
Rhode Island
association
of land trusts, or designee, a representative of a tenant advocacy group
appointed by
the
speaker of the house, and a family farmer who operates a farm pursuant to the
provisions of
chapter
23 of title 2 appointed by the president of the senate. The governor, with the advice and
consent
of the senate, shall appoint five (5) members of the general public. In making
these
appointments,
the governor shall give due consideration to recommendations made by the Rhode
Island
Community Reinvestment Association, Environment Council of Rhode Island, Rhode
Island
Association of Land Trusts, and representatives of tenancy advocacy and family farm
associations.
(3)
Any designee of the four (4) governmental members serving ex-officio as
stipulated
in
subsection 42-113-4(b)(1) or of the three (3) members who is a chair or
president of a non-
governmental
organization as stipulated in subsection 42-113-4(b)(2) shall be a subordinate
of the
designator
within his or her respective department, office, or nongovernmental
organization.
These
designees shall represent him or her at all meetings of the board.
(4)
No one shall be eligible for public appointment unless he or she is a resident
of this
state.
(5)
Newly appointed and qualified public members and designees of ex-officio
members
shall,
within six (6) months of their qualification or designation, attend a training
course that is
developed
with board approval and conducted by the chair or his or her designee and shall
include
instruction in the subject area of chapter 42-113 and chapters 42-46, 36-14,
and 38-2 of
Rhode
Island general laws; and the board’s rules and regulations.
(c)
Those members of the board as of the effective date of this act who were
appointed to
the
board by members of the general assembly shall cease to be members of the
commission on
the
effective date of this act. Public members
of the board appointed by the speaker or the
president
of the senate governor will be
appointed for three (3) year terms and cannot serve more
than two
(2) consecutive terms. Initial appointments of the seven (7) public
members to the board
shall
consist of two (2) appointments of one year terms, two (2) appointments of two
(2) year
terms,
and three (3) appointments of three (3) year terms.
(d) Annually, the board shall elect from among its public members a chairperson
and
vice-chairperson.
The board may elect from among its members any other officers it determines
deems necessary. Meetings shall be held at the call of the
chairperson or at the request of three (3)
members.
A majority of the sitting members shall constitute a quorum and action taken by
the
board
under the provisions of this chapter may be authorized by a majority of the
members
present
and voting at any regular or special meeting.
(e)
Three (3) or more voting members of the board shall constitute a quorum for the
transaction
of business. A majority vote of those present shall be required for action. No
vacancy
in
the membership of the board shall impair the right of a quorum to exercise all
of the rights and
perform
all of the duties of the board.
(f)
Any vacancy which may occur in the board shall be filled accordingly in the
same
manner
as prescribed above.
(e) (g) The board shall appoint and employ an executive director,
and it shall be his or
her duty
to:
(1) Supervise and administer allocations made through the trust fund in
accordance with
this
chapter and with the rules and regulations of the board;
(2) Act as the chief administrative officer having general charge of the office
and records
and to
employ temporarily, subject to the approval of the board, necessary personnel
to serve at
his or
her pleasure and who shall be in the unclassified service and whose salaries
shall be set by
the
board;
(3) Act as executive secretary of the board; and
(4) Perform other duties as determined by the board which are in accordance
with this
chapter
and with the rules and regulations of the board.
(f)
(h) The board shall use the office of the attorney general for legal
services.
(i)
Within ninety (90) days after the end of each fiscal year, the board shall
approve and
submit
an annual report to the governor, the speaker of the house of representatives,
the president
of
the senate, and the secretary of state of its activities during that fiscal
year. The report shall
provide:
an operating statement summarizing meetings or hearings held, meeting minutes
if
requested,
subjects addressed, decisions rendered, rules or regulations promulgated,
studies
conducted,
policies and plans developed, approved, or modified, and programs administered
or
initiated;
a consolidated financial statement of all funds received and expended including
the
source
of the funds, a listing of any staff supported by these funds, and a summary of
any clerical,
administrative
or technical support received; a summary of performance during the previous
fiscal
year including accomplishments, shortcomings and remedies; a synopsis of
hearings,
complaints,
suspensions, or other legal matters related to the authority of the board; a
summary of
any
training courses held pursuant to subdivision 42-113-4(b)(6); a briefing on anticipated
activities
in the upcoming fiscal year; and findings and recommendations for improvements.
The
report
shall be posted electronically on the general assembly and the secretary of
state’s websites
as
prescribed in section 42-20-8.2 of the Rhode Island general laws.
SECTION
2. Section 45-9-3 of the General Laws in Chapter 45-9 entitled "Budget
Commissions"
is hereby amended to read as follows:
45-9-3.
Budget and Review Commission. -- (a)(1) Notwithstanding the
provisions of
sections
45-9-1 and 45-9-2 or any other general or special laws of the state or charter
provisions,
the
general assembly vests in the director of the state department of
administration (hereinafter
“director”) the power to appoint authorize, create, and
establish a budget and review commission
in any
town or city where the director of the state department of administration
finds that the
town or
city's bond rating has been assigned by one or more recognized rating agencies
to a rating
which is
below investment grade and there is an imminent threat of default on any or all
of its
debt
obligations. The
(2)
Whereupon the director shall authorize said budget and review commission,
to
convene
specifically to deal with the aforementioned town or city, that shall consist of the chief
executive
officer of the town or city,; the president of the town or city
council,; three (3) public
members
from the affected municipality, at least one of whom shall be qualified by
training or
experience
in the fields of finance or accounting, to be appointed by the governor from a list of
eight
(8) recommendations submitted by the general assembly (four (4) to be submitted
by the
president
of the senate and four (4) to be submitted by the speaker of the house of
representatives;
at
least one public member shall be selected from each list submitted), with the advice and
consent
of the senate,; two (2) ex-officio state officials who shall be the director, of the state
department
of administration, or his or her
designee from the department of administration the
state
auditor general,; and one member
of the public finance management board to be appointed
by
the governor who, in making his or her appointment, shall give due
consideration to the
recommendation
of the chair of the public finance management board, with the advice and
consent
of the senate. the chair of the
house committee on finance, or his or her designee and the
chair
of the senate committee on finance, or his or her designee.
(3)
No one shall be eligible for appointment unless he or she is a resident of this
state.
(4)
Where there is no chief executive officer of the town or city, the vice
president of the
town
council or city council shall serve on the commission. The director of the
state department
of
administration shall serve as chair of the commission.
(5)
The commission may elect from among its members such other officers as they
deem
necessary.
(6)
Four (4) or more members of the commission shall constitute a quorum and the
vote
of a
majority of said quorum at any meeting shall be required for action. No vacancy
in the
membership
of the commission shall impair the right of a quorum to exercise all of the
rights and
perform
all of the duties of the commission.
(7)
Newly appointed and qualified commission members of the municipality shall,
within
six
(6) weeks of their qualification or designation, attend a training course that
is developed with
commission
approval and conducted by the chair or his or her designee and shall include
instruction
in the subject area of chapter 45-9 and chapters 42-46, 36-14, and 38-2 of
Rhode
Island
general laws; and the commission’s rules and regulations.
(8)
Public members of the commission shall be removable by the governor pursuant to
section
36-1-7 of the Rhode Island general laws for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
(9)
The powers of the budget and review commission shall be to impose taxes and to
make
appropriations for the expenditure of moneys, for the purpose of adopting a
budget and, for
the
purpose of maintaining a balanced budget, the budget and review commission
shall make
reductions
or suspensions in the appropriations to any or all departments, offices or
other
agencies
of town or city government as will prevent a deficit for the fiscal year. The
budget and
review
commission shall be subject to the open meetings and open records law. The
budget and
review
commission shall remain in office until the earlier of (i) that time as
the chief executive
officer
of the town or city and the town or city council petitions the director of the
state
department
of administration to disband the budget and review commission and the
director
approves
the petition, or (ii) the end of the fiscal year.
(b)(1) The budget and review commission shall commence its work by
examining the
financial
and operating condition of the city or town and shall also advise the chief
executive
officer,
city or town council and the fiscal officials of the city or town on the
formulation of
adequate
budget and budgetary controls.
(2)
Reporting Requirements. – Within ninety (90) days of its being disbanded
as provided
for
in subsection 45-9-3(a)(10), the The
budget and review commission shall approve and issue a
report detailing
its findings and recommendations. This report shall be submitted to the
governor,
the
speaker of the house of representatives, the president of the senate, and the
secretary of state
of
its activities during that fiscal year. The report shall provide: an operating
statement
summarizing
meetings or hearings held, subjects addressed, decisions rendered, rules or
regulations
promulgated, studies conducted, policies and plans developed, approved, or
modified,
and
programs administered or initiated; a consolidated financial statement of all
funds received
and
expended including the source of the funds, a listing of any staff supported by
these funds,
and a
summary of any clerical, administrative or technical support received; a
summary of
performance
during the course of its existence, including accomplishments, shortcomings and
remedies;
a synopsis of hearings, complaints, suspensions, or other legal matters related
to the
authority
of the board; a summary of any training courses held pursuant to subsection
45-9-
3(a)(7);
a briefing on anticipated activities in the upcoming fiscal year; and findings
and
recommendations
for improvements. The report shall be posted electronically on the general
assembly
and the secretary of state’s websites as prescribed in section 42-20-8.2 of the
Rhode
Island
general laws.
(3)
The examination and report shall be completed and published no sooner than
three (3)
weeks
after the formation of the budget and review commission. The commission shall
exercise
any of
the powers set forth in this section only after the examination and publication
of the
commission's
report.
SECTION
3. Section 44-34-11 of the General Laws in Chapter 44-34 entitled "Excise
on
Motor Vehicles
and Trailers [Repealed effective July 1, 2005.]" is hereby amended to read
as
follows:
44-34-11.
Rhode Island vehicle value commission. [Repealed effective July 1, 2005.] -
- (a) There is hereby authorized, created,
and established the "Rhode Island vehicle value
commission"
whose function it is to establish presumptive values of vehicles and
trailers subject
to the
excise tax.
(b)
The commission shall consist of the following nine (9) seven (7)
members as follows:
one
(1)
the director of the department of transportation or his/her designee of
the director of
from
the department of transportation,
who shall serve as chair;
(2)
five (5) local tax officials named by the governor, at least one of whom shall
be from
a city
or town under ten thousand (10,000) population and at least one of whom is from
a city or
town
over fifty thousand (50,000) population in making these appointments the
governor shall
give
due consideration to the recommendations
from a list of nominees submitted by the
pPresident of
the Rhode Island lLeague of cCities and tTowns
and each appointment shall be
subject
to the advice and consent of the senate;
and two (2) designees who are private citizen car
owners,
one of whom shall be named by the speaker of the house and one of whom shall be
named
by the president of the senate;
(3)
and one motor vehicle dealer appointed by the governor upon giving due
consideration
to the recommendation of designated
by the director of administration and subject
to
the advice and consent of the senate.;
(4)
all All departmental designees shall serve at the pleasure of
the designating agency,
but,
for a term of no less than one year, and all other designees members shall serve for a term of
three
(3) years.
(5)
Current legislative appointees shall cease to be members of the commission upon
the
effective
date of this act. Non-legislative appointees to the commission may serve out
their terms
whereupon
their successors shall be appointed in accordance with this act. No one shall
be
eligible
for appointment to the commission unless he or she is a resident of this state.
(6)
Public members of the commission shall be removable by the governor pursuant to
section
36-1-7 of the Rhode Island general laws for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
(c) The commission shall annually determine the presumptive values of vehicles
and
trailers
subject to the excise tax in the following manner:
(1)
Not earlier than September 30 and not later than December 31 of each year, the
commission
shall by rule adopt a methodology for determining the presumptive value of vehicles
and
trailers subject to the excise tax which shall give consideration to the
following factors:
(i)
The average retail price of similar vehicles of the same make, model, type, and
year
of
manufacture as reported by motor vehicle dealers or by official used car
guides, such as that of
the
National Automobile Dealers Association for New England. Where regional guides
are not
available,
the commission shall use other publications deemed appropriate; and
(ii)
Other information concerning the average retail prices for make, model, type,
and
year of
manufacture of motor vehicles as the director and the Rhode Island vehicle
value
commission
may deem appropriate to determine fair values.
(2)
On or before February 1 of each year, it shall adopt a list of values for
vehicles and
trailers
of the same make, model, type, and year of manufacture as of the preceding
December 31
in
accordance with the methodology adopted between September 30 and December 31;
the list
shall be
subject to a public hearing at least five (5) business days prior to the date
of its adoption.
(3)
Nothing in this section shall be deemed to require the commission to determine
the
presumptive
value of vehicles and trailers which are unique, to which special equipment has
been
added or
to which special modifications have been made, or for which adequate
information is
not
available from the sources referenced in subdivision (1) of this subsection;
provided, that the
commission
may consider those factors in its lists or regulations.
(4)
The commission shall annually provide the list of presumptive values of
vehicles
and
trailers to each tax assessor on or before February 15 of each year.
(d)
The commission shall adopt rules governing its organization and the conduct of
its
business;
prior to the adoption of the rules, the chair designee of the
department of administration
shall
serve as chairperson of the commission and shall have the power to call meetings, and a
simple
majority of the members of the commission, as provided for in subsection (b) of
this
section,
is necessary for a quorum, which quorum by majority vote shall have the power
to
conduct
business in the name of the commission. The commission may adopt rules and
elect from
among
its members such other officers as it deems necessary.
(e)
The commission shall have the power to contract for professional services that
it
deems
necessary for the development of the methodology for determining presumptive
values, for
calculating
presumptive values according to the methodology, and for preparing the list of
presumptive
values in a form and format that is generally usable by cities and towns in
their
preparation
of tax bills. The commission shall also have the power to incur reasonable
expenses
in the
conduct of its business as required by this chapter and to authorize payments
for the
expenses.
(f)
Compensation for members for attendance at meetings shall initially be at a
rate of
fifty
dollars ($50.00) per meeting unless otherwise determined by the unclassified
pay board.
Commission
members shall receive no compensation for the performance of their duties but
may
be
reimbursed for their reasonable expenses incurred in carrying out such duties.
(g)
The commission shall respond to petitions of appeal by local boards of review
in
accordance
with the provisions of section 44-34-9.
(h)
The commission shall establish, by rule, procedures for adopting an annual
budget
and for
administering its finances.
After July 1, 1986 one-half (1/2) of the cost of the commission's
operations shall
be borne
by the state and one-half (1/2) shall be borne by cities and towns within the
state, with
the city
and town share distributed among cities and towns on a per capita basis.
(i)
Within ninety (90) days after the end of each fiscal year, the commission shall
approve
and
submit an annual report to the governor, the speaker of the house of representatives,
the
president
of the senate, and the secretary of state of its activities during that fiscal
year. The report
shall
provide: an operating statement summarizing meetings or hearings held, meeting
minutes if
requested,
subjects addressed, decisions rendered, rules or regulations promulgated,
studies
conducted,
policies and plans developed, approved, or modified, and programs administered
or
initiated;
a consolidated financial statement of all funds received and expended including
the
source
of the funds, a listing of any staff supported by these funds, and a summary of
any clerical,
administrative
or technical support received; a summary of performance during the previous
fiscal
year including accomplishments, shortcomings and remedies; a synopsis of
hearings,
complaints,
suspensions, or other legal matters related to the authority of the commission;
a
summary
of any training courses held pursuant to subsection 44-34-11(i), a briefing on
anticipated
activities in the upcoming fiscal year; and findings and recommendations for
improvements.
The report shall be posted electronically on the general assembly and the
secretary
of
state’s websites as prescribed in section 42-20-8.2 of the Rhode Island general
laws. The
director
of the department of administration shall be responsible for the enforcement of
this
provision.
SECTION
4. Sections 29-8-3, 29-8-4, 29-8-6, 29-8-8, 29-8-9, 29-8-10 and 29-8-12 of the
General
Laws in Chapter 29-8 entitled "The Rhode Island Information Resources
Management
Board"
are hereby amended to read as follows:
29-8-3.
Board established. -- There is hereby authorized, created,
and established in the
executive
department the Rhode Island
information resources management board, hereafter called
the
board. It shall be the responsibility of the board to coordinate and guide the
application of
information
technologies and resources in the executive branch of state government.
29-8-4.
Appointment of members of the board. – (a) The board consists
of:
(1) Three (3) department directors from the executive branch appointed by the
governor;
(2) The state budget director or his or her designee from within the budget
office;
(3) The secretary of state or his or her designee from within the secretary
of state’s
office;
(4) The chief information officer or his or her designee from within the
office of the
chief
information officer;
(5) One representative from the public universities to be appointed by the
governor who
shall
give due consideration to the recommendation of from a list of three (3) persons submitted
by the commissioner of higher education;
(6) Two (2) citizen members from the private sector with information resources
management
knowledge and experience to be appointed by the governor;
(7) One citizen who is a consumer of government information to be appointed by
the
governor;
(8) One representative of local government appointed by the governor;
(9) The Governor shall give due consideration to a recommendation from the
president
of the
Rhode Island league of cities and towns or his or her designee;
(10) The Governor shall give due consideration to a recommendation from the
chair of
the
library board of Rhode Island or his or her designee;
(11) The Governor shall give due consideration to a recommendation from the
commissioner
of higher education or his or her designee;
(12) The Governor shall give due consideration to a recommendation from the
commissioner
for elementary and secondary education or his or her designee; and
(13) [Deleted by P.L. 2000, ch. 270, section 1];
(14) The executive director of the Rhode Island public telecommunications authority
or
his or
her designee; and.
(15) The chair or the senate finance committee or his or her designee and
the chair of the
house
finance committee or his or her designee shall also serve on the board Those members of
the board
as of the effective date of this act who are members or designees of the
general
assembly
shall cease to be members of the board on the effective date of this act.
(b)
Designees of members serving ex-officio shall represent him or her at all meetings
of
the
board. No one shall be eligible for appointment unless he or she is a resident
of this state.
(c)
All gubernatorial appointments made under this section after the effective date
of this
act,
with the exception of those appointments made pursuant to subdivisions
29-8-4(a)(1), (2), (3),
and
(4), shall be subject to the advice and consent of the senate.
29-8-6.
Term of office. -- (a) The term of office of the members specified in
section 29-
8-4(a)(b)(2),
(c)(3), (d)(4), (e)(5), (j)(10),
(k)(11), (l)(12), (m), and (o)(14)
shall be the same as
the term
of office by virtue of which they serve upon the board.
(b) The terms of the department directors appointed pursuant to section 29-8-4(a)(1)
shall be
established in the board's operating policies or bylaws to be not less than two
(2) three (3)
years.
(c) All other members of the board appointed pursuant to section 29-8-4 shall
serve for a
term of
four (4) years. Vacancies in the membership of the board shall be filled in the
same
manner
as the original appointments. If a nominating organization changes its name,
the
subsequent
organization having the same responsibilities and purposes shall be the
nominating
organization.
The members of the board shall be eligible to succeed themselves.
(d)
Removal for cause. -- Public members of the board shall be removable by the
governor
pursuant to the provisions of section 36-1-7 of the Rhode Island general laws,
for cause
only,
and removal solely for partisan or personal reasons unrelated to capacity or
fitness for the
office
shall be unlawful.
29-8-8.
Quorum. -- A majority of the members shall constitute a quorum for the
transaction
of business. Members' designees shall have voting privileges at board meetings.
A
majority
vote of those present shall be required for action. No vacancy in the
membership of the
board
shall impair the right of a quorum to exercise all of the rights and perform
all of the duties
of
the board.
29-8-9.
Meetings -- Reports Meetings. – (a) The board shall meet
at least four (4) times
each
year. and report its findings no less than semiannually to the
governor and the general
assembly.
All reports of the board shall be made available to the general public.
(b)
In addition, the board, upon the call of the officers, may hold meetings at any
time it
deems
necessary. The board may establish committees or work groups composed of board
and
non-board
members as necessary to advise the board in carrying out its responsibilities,
duties
and
powers. Persons connected with the automated information and communications
resources
industries
may participate on boards or work groups, but shall not have a vote. The board
may
adopt
bylaws and operating policies necessary for its efficient and effective
operation.
29-8-10.
The board's roles and duties. -- (a) Providing overall leadership,
policy
direction,
strategic planning and coordination of information resources management for the
executive
branch of state government and public universities, including public access to
appropriate
state government information resources.
(b) Formulation of a five (5) year statewide information resources management
plan, to
be
updated every two (2) years, from long-range information resources management
plans
submitted
by agencies of the executive branch, including the public universities, as the
board may
require;
(c) Defining, maintaining, and publishing a timely information resources
management
architecture
relating to the management of information resources by executive branch state
agencies,
and implementing processes and procedures to ensure compliance with the
information
resources
management architecture;
(d) Coordinating, through policy and interagency agreements and monitoring, an
appropriate
program of training and education for executive branch state and local agencies
regarding
strategic information systems planning, and the selection and use of
information
technologies
to facilitate effective information resources management, appropriate employee
skill
building,
and career development;
(e) Promoting executive level awareness, support, and involvement with
information
resources
management throughout the executive branch of government;
(f) Reviewing executive branch agency five (5) year strategic information
resources
plans,
and forwarding those plans with findings and recommendations to the agency
head, the
governor's
policy office, the budget office and the general assembly for use during the
preparation
and
enactment of the annual budget;
(g) Identifying and assessing opportunities for multi-agency development and
use of
information
resources, or the development of executive branch agency projects which would
improve
the quality and availability of information;
(h) Establishing and maintaining relationships with other planning
organizations as
necessary
to ensure coordination and implementation of comprehensive statewide strategies
involved
with, or affected by, information technology;
(i) Establishing and maintaining information dissemination service or
clearinghouse for:
(1) Current practices of state agencies regarding information resources
management;
(2) Emerging and advancing information resources technologies;
(3) Information resources vendor performance in the public sector;
(4) Technical resources in the state; and
(5) Elements of the information resources management architecture;
(j) Establishing and maintaining research and development capacity for
beneficial
applications
of information resources technology for the state's public sector, which
includes:
(1) Conducting research on current and emerging information resources
technologies and
their
potential to enhance governmental services;
(2) Sponsoring and evaluating pilot projects to assist with the successful
adoption by
other
state agencies;
(k) Fostering and encouraging the interest and cooperation of the state
information
resources
technology community for improvement and enhancement of public services
delivery;
(l) Serving as catalyst for information technology advancements in the public
sector;
(m) Recommending procedures and legislation to improve the accessibility of
machine
readable
public records by state agencies, citizens, and businesses; and
(n) Recommending procedures and legislation to ensure the privacy of
individuals, with
particular
emphasis on the potential for invasion of individual privacy.;
(o)
Newly appointed and qualified public members and designees of ex-officio
members
shall,
within six (6) months of their qualification or designation, attend a training
course that shall
be
developed with board approval and conducted by the chair of the board and shall
include
instruction
in the subject area of this chapter and chapters 42-46, 36-14, and 38-2; and
the board’s
rules
and regulations. The director of the department of administration shall within
ninety (90)
days
of the effective date of this act, prepare and disseminate training materials
relating to the
provisions
of chapters 42-46, 36-14 and 38-2.
29-8-12.
Information resources management plan Information resources
management
plan and reports. -- The five (5)
year statewide information resources
management
plan shall:
(1) Take into account projected information resource requirements of the
executive
branch
of state government, including its departments, officers, agencies, and
subdivisions; public
universities;
and local government. Particular emphasis shall be placed on coordination of
strategic
planning for computerized information resources systems and state and local
government
information transfers.
(2) Establish long range policy guidelines and strategies at the state level to
be used by
executive
branch agencies in the development and implementation of their own information
technology
and resources management plans;
(3) Identify major issues related to improved information resources management,
including
the identification of procurement policy initiatives to encourage sharing of
resources
and fair
competitive resources acquisition;
(4) Identify priorities for the implementation of information technologies
based on
identification
of feasible and measurable performance criteria; and
(5) Emphasize connectively and provide for the electronic transfer of data,
voice, radio,
and
video among executive branch agencies.; and
(6)
Furthermore, within ninety (90) days after the end of each fiscal year, the
board shall
approve
and submit an annual report to the governor, the speaker of the house of
representatives,
the president
of the senate, and the secretary of state of its activities during that fiscal
year. The
report
shall provide: an operating statement summarizing meetings or hearings held,
meeting
minutes
if requested, subjects addressed, decisions rendered, rules or regulations
promulgated,
studies
conducted, policies and plans developed, approved, or modified, and programs
administered
or initiated; a consolidated financial statement of all funds received and
expended
including
the source of the funds, a listing of any staff supported by these funds, and a
summary
of
any clerical, administrative or technical support received; a summary of
performance during
the
previous fiscal year including accomplishments, shortcomings and remedies; a
synopsis of
hearings,
complaints, suspensions, or other legal matters related to the authority of the
commission;
a summary of any training courses held pursuant to subsection 29-8-10(o) a
briefing
on
anticipated activities in the upcoming fiscal year; and findings and recommendations
for
improvements.
The report shall be posted electronically on the general assembly and the
secretary
of
state’s websites as prescribed in section 42-20-8.2 of the Rhode Island general
laws. The
director
of the department of administration shall be responsible for the enforcement of
this
provision.
SECTION
5. Sections 42-133-6 and 42-133-16 of the General Laws in Chapter 42-133
entitled
"Tobacco Settlement Financing Corporation Act" are hereby amended to
read as follows:
42-133-6.
Board and officers. -- (a)(1) The powers of the corporation
shall be vested in
a board
consisting of five (5) members, which shall constitute the governing body of
the
corporation,
and which shall be comprised as follows: two (2) members of the state
investment
commission
to be appointed by the governor who shall give due consideration to the
recommendation
of the chair of the investment commission, and three (3) members of the general
public appointed by the governor with the advice and
consent of the senate, one member
appointed
by the speaker of the house of representatives, and one member appointed by the
majority
leader of the senate (effective until January 7, 2003) and one member appointed
by the
president
of the senate (effective January 7, 2003). Each member shall serve for a term of two (2)
years,
except that any member appointed to fill a vacancy shall serve only until the
expiration of
the
unexpired term of such member's predecessor in office. Each member shall
continue to hold
office
until a successor has been appointed. Members shall be eligible for
reappointment. No
person
shall be eligible for appointment unless such person is a resident of the
state. Each
member,
before entering upon the duties of the office of member shall swear or solemnly
affirm
to
administer the duties of office faithfully and impartially, and such oath or
affirmation shall be
filed in
the office of the secretary of state.
(2)
Those members of the board as of the effective date of this act who were
appointed to
the
board by members of the general assembly shall cease to be members of the board
on the
effective
date of this act, and the governor shall thereupon seek recommendations from
the chair
of
the state investment commission for him or her duly to consider for the
appointment of two (2)
members
thereof. Those members of the board as of the effective date of this act who
were
appointed
to the board by the governor shall continue to serve the balance of their
current terms.
(3)
Newly appointed and qualified public members shall, within six (6) months of
their
qualification
or designation, attend a training course that shall be developed with board
approval
and
conducted by the chair of the board and shall include instruction in the subject
area of
chapters
42-46, 42-133, 36-14, and 38-2; and the board’s rules and regulations. The
director of
the
department of administration shall, within ninety (90) days of the effective
date of this act,
prepare
and disseminate training materials relating to the provisions of chapters
42-46, 36-14 and
38-2.
(b)
Members shall receive no compensation for the performance of their duties.
(c) The board shall elect one of its members to serve as chairperson. Three (3)
members
shall
constitute a quorum and any action to be taken by the corporation under the
provisions of
this
chapter may be authorized by resolution approved by a majority of the members
present and
voting
at any regular or special meeting at which a quorum is present.
(d) In addition to electing a chairperson, the board shall appoint a secretary
and such
additional
officers as they shall deem appropriate.
(e) Any action taken by the corporation under the provisions of this chapter
may be
authorized
by vote at any regular or special meeting, and the vote shall take effect
immediately.
(f) Any action required by this chapter to be taken at a meeting of the Board
shall
comply
with chapter 46 of title 42, entitled "Open Meetings."
(g) To the extent that administrative assistance is needed for the functions
and operations
of the
board, the corporation may by contract or agreement obtain this assistance from
the
director
of administration, the attorney general, and any successor officer at such cost
to the
corporation
as shall be established by such contract or agreement. The board, however,
shall
remain
responsible for, and provide oversight of, proper implementation of this
chapter.
(h) Members of the board and persons acting on the corporation's behalf, while
acting
within
the scope of their employment or agency, are not subject to personal liability
resulting
from
carrying out the powers and duties conferred on them under this chapter.
(i) The state shall indemnify and hold harmless every past, present, or future
board
member,
officer or employee of the corporation who is made a party to or is required to
testify in
any
action, investigation, or other proceeding in connection with or arising out of
the performance
or
alleged lack of performance of that person's duties on behalf of the
corporation. These persons
shall be
indemnified and held harmless, whether they are sued individually or in their
capacities
as board
members, officers or employees of the corporation, for all expenses, legal fees
and/or
costs
incurred by them during or resulting from the proceedings, and for any award or
judgment
arising
out of their service to the corporation that is not paid by the corporation and
is sought to
be
enforced against a person individually, as expenses, legal fees, costs, awards
or judgments
occur;
provided, that neither the state nor the corporation shall indemnify any
member, officer, or
employee:
(1)
For acts or omissions not in good faith or which involve intentional misconduct
or a
knowing
violation of law;
(2)
For any transaction from which the member derived an improper personal benefit;
or
(3)
For any malicious act.
(j)
Public members of the board shall be removable by the governor, pursuant to the
provisions
of section 36-1-7 of the Rhode Island general laws, for cause only, and removal
solely
for
partisan or personal reasons unrelated to capacity or fitness for the office
shall be unlawful.
42-133-16.
Annual report and audit. -- The corporation shall submit to the
speaker of
the
house, the majority leader of the senate until January 7, 2003 and the
president of the senate
thereafter,
the director of administration and the attorney general within four (4) months
after the
close
of its fiscal year, a report of its activities for the preceding fiscal year.
The report shall set
forth
a complete operating and financial statement covering the corporation's
operations during
the
preceding fiscal year. Within four
(4) months after the end of each fiscal year, the board shall
approve
and submit an annual report to the governor, the speaker of the house of
representatives,
the
president of the senate, and the secretary of state of its activities during
that fiscal year. The
report
shall provide: an operating statement summarizing meetings or hearings held,
subjects
addressed,
decisions rendered, rules or regulations promulgated, studies conducted,
policies and
plans
developed, approved, or modified, and programs administered or initiated; a
consolidated
financial
statement of all funds received and expended including the source of the funds,
a listing
of
any staff supported by these funds, and a summary of any clerical,
administrative or technical
support
received; a summary of performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or
other
legal matters related to the authority of the commission; a summary of any
training courses
held
pursuant to subdivision
42-133-6(a)(3); a briefing on anticipated activities in the upcoming
fiscal
year; and findings and recommendations for improvements. The report shall be
posted
electronically
on the general assembly and the secretary of state’s websites as prescribed in
section
42-20-8.2 of the Rhode Island general laws. The director of the department of
administration
shall be responsible for the enforcement of this provision. The corporation shall
cause an
independent audit of its books and accounts to be made at least once each
fiscal year.
The
fiscal year of the corporation shall commence on each July 1.
SECTION
6. Sections 42-63.4-1 and 42-63.4-7 of the General Laws in Chapter 42-63.4
entitled
"New Shoreham Tourism Council, Inc." are hereby amended to read as
follows:
42-63.4-1.
New Shoreham tourism council bureau -- Creation. -- (a) There is
authorized,
created and established a public corporation of the state town of New
Shoreham
having a
distinct legal existence from the state and not constituting a department of
state
government,
which is a governmental agency and public instrumentality of the state town
of New
Shoreham, to be known as the "New Shoreham tourism
council, inc." with the powers set forth in
this
chapter.
(b) The exercise by the corporation of the powers conferred by this chapter
shall be
deemed
and held to be the performance of an essential governmental function of the state
town of
New
Shoreham for public purposes. It is
the intent of the general assembly by enactment of this
chapter
to vest in the corporation all powers, authority, rights, privileges, and
titles which may be
necessary
to enable it to accomplish the purposes herein set forth, and this chapter and
the powers
granted
hereby shall be liberally construed in conformity with those purposes.
(c) (1) The corporation and its corporate existence shall continue until
terminated by law
or until
the corporation shall cease entirely and continuously to conduct or be involved
in any
business
whatsoever in furtherance of its purposes.
(2) Upon termination of the existence of the corporation, all its rights and properties
shall
pass to
and be vested in the state. At no time shall the assets or other property of
the corporation
inure to
the benefit of any person or other corporation or entity.
42-63.4-7.
Audits. Audits and reporting requirements. – The books of the
New
Shoreham
tourism council, inc., as they pertain to the revenues derived from the hotel
tax, shall
be
audited by an independent certified public accountant annually who shall make a
report to the
speaker
of the house of representatives, the president of the senate, the governor, and
the New
Shoreham
town council.
SECTION
7. Section 42-63.4-2 of the General Laws in Chapter 42-63.4 entitled "New
Shoreham
Tourism Council, Inc." is hereby repealed.
42-63.4-2.
Board of directors. -- The board of directors of the New
Shoreham tourism
council,
inc. shall be comprised of seven (7) members who are residents of New Shoreham
as
follows:
one member of the town council of New Shoreham to be appointed by the governor;
one
member
of the house to be appointed by the speaker; one member of the senate to be
appointed
by
the president of the senate; two (2) members of the New Shoreham chamber of
commerce and
two
(2) members of the general public to be appointed by the majority of the
members appointed
by
the governor, the speaker and the president of the senate.
SECTION
8. Sections 16-62-7 and 16-62-18 of the General Laws in Chapter 16-62
entitled
"The Rhode Island Student Loan Authority" are hereby amended to read
as follows:
16-62-7.
Directors, officers, and employees. -- (a) The powers of the authority
shall be
vested
in a board of directors consisting of seven (7) members as follows: five (5)
six (6)
members appointed
by the governor to the Rhode Island higher education assistance authority as
provided
in section 16-57-7, all appointments subject to the advice and consent of
the senate; the
chairperson
of the finance committee of the house of representatives or his or her
designee; and
the
chairperson of the finance committee of the senate or his or her designee. and the general
treasurer,
ex-officio. The general treasurer may designate a subordinate within his or her
department
or agency to represent him or her at all meetings of the board.
(b) The directors shall receive no compensation for the performance of their
duties under
this
chapter, but each director shall be reimbursed for his or her reasonable
expenses incurred in
carrying
out those duties. A director may engage in private employment, or in a
profession or
business.
(c) The board of directors shall elect one of its members to serve as
chairperson. Four (4)
directors
shall constitute a quorum and any action to be taken by the authority under the
provisions
of this chapter may be authorized by resolution approved by a majority of the
directors
present
and voting at any regular or special meeting at which a quorum is present. A
vacancy in
the
membership of the board of directors shall not impair the right of a quorum to
exercise all the
rights
and perform all the duties of the authority.
(d) In addition to electing a chairperson, the board of directors shall appoint
a secretary
and any
additional officers and staff members as they shall deem appropriate and shall
determine
the
amount of compensation, if any, each shall receive. The board of directors may
appoint a
chief
executive officer and vest in that person or his or her subordinates the authority
to appoint
additional
staff members and to determine the amount of compensation each individual shall
receive.
(e) No fulltime employee shall during the period of his or her employment by
the
authority
engage in any other private employment, profession, or business, including, but
not
limited
to, consulting.
(f) Notwithstanding any other law to the contrary, it shall not be or
constitute a conflict
of
interest for a director, officer, or employee of any financial institution,
investment banking
firm,
brokerage firm, commercial bank, trust company, savings and loan association,
credit union,
insurance
company, educational institution, or any other firm, person, or corporation to
serve as a
director
of the authority nor shall any contract or transaction between the authority
and any
financial
institution, investment banking firm, brokerage firm, commercial bank, trust
company,
savings
and loan association, credit union, insurance company, educational institution,
or any
other
firm, person, or corporation be void or voidable by reason of any service as
director of the
authority.
If any director, officer, or employee of the authority shall be interested
either directly or
indirectly,
or shall be a director, officer, or employee of or have an ownership interest
(other than
as the
owner of less than one percent (1%) of the shares of a publicly held
corporation) in any
firm or
corporation interested directly or indirectly in any contract with the
authority, that interest
shall be
disclosed to the authority and set forth in the minutes of the authority, and
the director,
officer,
or employee having that interest in it shall not participate on behalf of the
authority in the
authorization
of this contract. Interested directors may be counted in determining the
presence of
a quorum
at a meeting of the board of directors of the authority which authorizes the
contract or
transaction.
(g) Any action taken by the authority under the provisions of this chapter may
be
authorized
by vote at any regular or special meeting, and each vote shall take effect
immediately.
(h) The board of directors may designate from among its members an executive
committee
and one or more other committees each of which, to the extent authorized by the
board
of
directors, shall have and may exercise all the authority of the board of
directors, but no
committee
shall have the authority of the board of directors in reference to the
disposition of all
or
substantially all the property and assets of the authority, or amending the
bylaws of the
authority.
(i) Any action required by this chapter to be taken at a meeting of the board
of directors,
or any
action which may be taken at a meeting of the board of directors, or committee
of it, may
be taken
without a meeting if a consent in writing, setting forth the action to be
taken, shall be
signed
before or after that action by all of the directors, or all of the members of
the committee.
(j)
The board shall conduct a training course for newly appointed and qualified
members
and
new designees of ex-officio members within six (6) months of their
qualification or
designation.
The course shall be developed by the chair of the board, approved by the board,
and
conducted
by the chair 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 subject area of this chapter and chapters 42-46, 36-14, and 38-2; and the
board’s rules and
regulations.
The director of the department of administration shall, within ninety (90) days
of the
effective
date of this act, disseminate training materials relating to the provisions of
chapters 42-
46,
36-14 and 38-2.
16-62-18.
Annual report. -- The authority shall submit to the governor within
Within six
(6)
months after the close of its fiscal year the board shall approve and submit
an annual report to
the
governor, the speaker of the house of representatives, the president of the
senate, and the
secretary
of state of its activities during that fiscal year. The report shall provide:
an operating
statement
summarizing meetings or hearings held, meeting minutes if requested, subjects
addressed,
decisions rendered, rules or regulations promulgated, studies conducted,
policies and
plans
developed, approved, or modified, and programs administered or initiated; a
consolidated
financial
statement of all funds received and expended including the source of the funds,
a listing
of
any staff supported by these funds, and a summary of any clerical,
administrative or technical
support
received; a summary of performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or
other
legal matters related to the authority; a summary of any training courses held
pursuant to
this
chapter; a briefing on anticipated activities in the upcoming fiscal year; and
findings and
recommendations
for improvements. The report shall be posted electronically on the general
assembly
and the secretary of state’s websites as prescribed in section 42-20-8.2. The
director of
the
department of administration shall be responsible for the enforcement of this
provision. a
report
of its activities for the preceding fiscal year, and the report shall set forth
a complete
operating
and financial statement covering the authority's operations during the
preceding fiscal
year. The authority shall cause an audit of its books and
accounts to be made at least once each
fiscal
year by certified public accountants selected by it and the its cost shall be
paid by the
authority
from funds available to it pursuant to this chapter.
SECTION
9. Section 42-24-1 of the General Laws in Chapter 42-24 entitled
"Commission
on Uniform State Laws" is hereby amended to read as follows:
42-24-1. Composition of commission -- Expenses. – (a) There shall be a commission on
uniform state laws
consisting of seven (7) qualified electors, including three (3) members
appointed by the
speaker of the house of representatives, not more than two (2) from the same
political party; three (3) members appointed
by the president of the senate, not more than two (2)
from the same political party; and three
(3) of whom shall be appointed by the governor.
The remaining members
shall be permanent and shall be the director of legislative council or his
or
her designee,. Members of the commission
must be attorneys who are members of a state bar,
qualified to practice
law. the law revision director of the joint committee on legislative
affairs or
his or her designee,
one senator to be appointed by the president of the senate and one
representative to be appointed by the speaker
of the house of representatives. The general
assembly members of the commission shall be ex officio members with full voting powers. The
commission shall also consist of any qualified electors who, because of long service in the case of
uniformity of state legislation, shall have been elected life members of the national conference of
commissioners on uniform state laws.
Beginning on July 1, 1980 the governor January 1, 2006
the speaker and the president shall each appoint one member to serve a term of one year, one
member to serve a term of two (2) years, one member to serve a term of three (3) years. Terms
shall commence with the date of appointment and expire on the 30th day of June thereafter
corresponding with the number of years of the term to which appointed. Thereafter appointments
shall be made for terms of three (3) years commencing on July 1st in the year of appointment and
end on June 30th of the
third year thereafter. Any vacancy in the board shall be filled by in
the
same manner as the original appointment of the governor for
the remainder of the unexpired term.
Appointed members of the commission shall continue to assume the duties now performed by this
commission in accordance with this chapter and such other duties as may be set forth by the
governor or by act of the general assembly. The commission shall serve without compensation, but
shall be reimbursed for allowed
their travel and necessary expenses in accordance with the rates
from time to time established by the legislative department in its rules and regulations and may expend
such sums of money as
may be appropriated from time to time by the general assembly. Elected
life members of the
commission may be reimbursed for travel and necessary expenses subject to
funding availability and the approval of the joint committee on legislative services.
(b)
Terms of current members of the commission appointed by the governor shall
expire
December
31, 2005.
SECTION
10. Severability. If any provision of this act or the application thereof to
any
person
or circumstances is held invalid, such invalidity shall not affect other
provisions or
applications
of the act, which can be given effect without the invalid provision or application,
and
to this
end the provisions of this act are declared to be severable.
SECTION 11. This act
shall take effect upon passage.
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LC03540/SUB A
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