Chapter 016

2006 -- H 6751 AS AMENDED

Enacted 03/31/06

 

A N A C T

RELATING TO SEPARATION OF POWERS

          

     Introduced By: Representatives E Coderre, Crowley, Kilmartin, Davey, and Gallison

     Date Introduced: January 10, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 5-71-4 and 5-71-5 of the General Laws in Chapter 5-71 entitled

"Interpreters for the Deaf" are hereby amended to read as follows:

 

     5-71-4. Board of examiners -- Creation -- Compensation -- Appointment, terms and

qualifications of members. -- (a) There shall exists exist within the state department of health a

board of examiners of interpreters for the deaf. The board shall consist of nine (9) persons who

shall be residents of the state of Rhode Island for at least two (2) years prior to their

appointments: two (2) nationally certified interpreters, one screened interpreter, one interpreter

eligible under section 5-71-12, three (3) consumers, one special license holder and one consumer

of specialized communication modalities as defined in section 5-71-3. The certified members

shall hold certification from the National Registry of Interpreters for the Deaf, and hold an active

and valid license in this state, except for the first appointed members who shall be persons

engaged in rendering interpreting services for a period of at least five (5) years, and are qualified

for license under the provisions of this chapter. The screened member shall hold valid screening

from a recognized state-screening, and shall hold an active and valid license in this state, except

for the first appointed member who shall be a person who has been engaged in rendering

interpreting services for a period of at least five (5) years, and is qualified for license under the

provisions of this chapter. The special licensed member shall have expertise in one of the

communication modalities defined in section 5-71-3(7), or another specialized communication

modality.

      (b) The first board and all future members shall be appointed in the following manner:

      (1) The speaker of the house shall appoint one nationally certified interpreter member

and one consumer member upon the advice of deaf consumer organizations such as the Rhode

Island Association of the Deaf;

      (2) The president of the senate shall appoint one nationally certified interpreter member,

one consumer member upon the advice of deaf consumer organizations, and one parent of a deaf

or hard of hearing child;

      (3) The house minority leader shall appoint the grandparent interpreter eligible under

section 5-71-12; and

      (4) The governor shall appoint the screened interpreter member, one special license

holder, and one consumer of specialized communication modalities upon the advice of

organizations of persons who utilize interpreters for the deaf to facilitate communication.

      (c) Initially:

      (1) The two (2) nationally certified interpreters and the consumer of specialized

communication modalities members of the board shall serve for a term of one year;

      (2) The screened interpreter member, and the consumer members appointed by the

speaker and the president of the senate shall serve for a term of two (2) years; and

      (3) The grandparent interpreter member, the parent member, and the special license

holder member shall serve for a term of three (3) years.

      (d)(b) All appointments made after this shall be for the term under this section after the

effective date of this act shall be made by the governor with the advice and consent of the senate.

All members shall serve terms of three (3) years. Members shall serve until the expiration of the

term for which they have been appointed or until their successor is appointed. No person shall be

appointed to serve more than two (2) consecutive terms. When a vacancy upon the board occurs,

a replacement shall be appointed for the remainder of that term as prescribed in this section.

      (e)(c) The board shall reorganize annually during the month of December and shall elect

a chairperson and vice chairperson for the subsequent calendar year. The board may elect from

among its members such other officer as it deems necessary.

      (f)(d) Five (5) members of the board shall constitute a quorum to do business. A majority

vote of those present shall be required for action.

      (g) The director of the department of health, with the approval of the governor, may

remove any member of the board for dishonorable conduct, incompetence, or neglect of duty.

     (e) Members of the board shall be removable by the governor pursuant to the provisions

of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

     5-71-5. Board of examiners -- Duties and powers -- Meetings -- Compensation of

members. -- (a) The board shall administer, coordinate and enforce the provisions of this chapter,

evaluate the qualifications of applicants, and may issue subpoenas, examine witnesses, and

administer oaths, and investigate persons engaging in practices which violate the provisions of

this chapter.

      (b) The board shall conduct hearings and shall keep records and minutes that are

necessary for the orderly dispatch of business.

      (c) The board shall hold public hearings regarding rules and regulations.

      (d) The board, with the approval of the director of the department of health, in

accordance with the rule-making provisions of the Administrative Procedures Act, chapter 35 of

title 42, shall adopt responsible rules and regulations, and may amend or repeal those rules and

regulations. Following their adoption, the rules and regulations shall govern and control the

professional conduct of every person who holds a license to practice interpreting or transliterating

for the deaf in the state of Rhode Island. Rules and regulations shall be kept on file within the

department of health, division of licensure and regulation, and shall be available for public

inspection.

      (e) The examination instrument used for testing shall not be available for public

inspection and may be changed as the board deems necessary.

      (f) Every licensed interpreter for the deaf, upon commencing to practice, shall

immediately notify the board of his or her address or addresses. Every licensed interpreter for the

deaf practicing as previously stated, before July first, shall annually pay to the department of

health a license fee which does not exceed thirty-seven dollars and fifty cents ($37.50)

commencing in January, 1998. Each licensed interpreter for the deaf shall promptly notify the

board of any change in his or her office address or addresses, and shall furnish any other

information to the board that it may require. The board may suspend the authority of any licensed

interpreter for the deaf to practice for failure to comply with any of the above requirements. The

board shall make available for public inspection, a complete list of the names of all interpreters

for the deaf licensed and practicing in the state, arranged alphabetically by name.

      (g) Regular meetings of the board shall be held at the time and places that it prescribes

and special meetings may be held upon the call of the chairperson as necessary to deal with such

issues as violations of this chapter; provided, that at least one regular meeting is held each

calendar year.

      (h) The board shall have its first meeting on or before December 31, 1996, and shall

have its rules and regulations, and written examination adopted no later than December 31, 1997.

Licensure and examinations shall commence after January 1, 1998.

      (i) The conferral or enumeration of specific powers in this chapter shall not be construed

as a limitation of the general powers conferred by the section. No member of the board shall be

liable to civil action for any act performed in good faith in the performance of his or her duties as

prescribed by this chapter.

      (j) Board members shall serve on an honorable basis without compensation.

      (k) The board may request legal advice and assistance from the appropriate legal officer.

     (l) The board shall conduct a training course for newly appointed and qualified members

within six (6) months of their appointment. The course shall be developed and conducted by the

chair of the commission, approved by the commission, and shall include instruction in the subject

areas of this chapter, and chapters 42-46, 36-14, and 38-2, and the commission'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.

     (m) 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, including meeting

minutes, subjects addressed, decisions rendered, licenses considered and their dispositions, 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 the provisions of

subdivision 5-71-5(1); 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.

 

     SECTION 2. Sections 29-3.1-2.2, 29-3.1-3.1 and 29-3.1-4.1 of the General Laws in

Chapter 29-3.1 entitled "Office of State Library and Information Services" are hereby amended to

read as follows:

 

     29-3.1-2.2. Library board of Rhode Island established. -- (a) There is hereby created

the library board of Rhode Island, sometimes hereinafter referred to as the "library board". The

library board shall be protected from sudden changes in membership and reversal of policy by

having staggered terms for its public members, and is hereby made successor to all powers,

rights, duties, and privileges pertaining to public library services and interlibrary cooperation and

resource sharing.

      (b) (1) The library board consists of seventeen (17) members. The governor shall appoint

fifteen (15) members, shall consist of fifteen (15) members appointed by the governor, with the

advice and consent of the senate, five (5) of whom shall be representative of general library users.

The remainder of the governor's appointments shall be representative of the following:

      (i) Users of the talking books plus, economically disadvantaged, and corporate or special

librarians; school library media specialists;

      (ii) Librarians serving people who are institutionalized;

      (iii) Public library trustees and statewide library advocacy group; and

      (iv) Librarians from small public libraries, librarians from large or medium public

libraries, and academic librarians.

      (2) (c) The chair of the senate finance committee or a designee and the chair of the house

finance committee or a designee shall also serve on the library board. The commissioner for

elementary and secondary education or a designee and the commissioner for higher education or a

designee shall serve as nonvoting ex officio members. The governor shall appoint from the

library board's public members a chairperson. The board may elect from among its members such

other officers as it deems necessary.

      (3) (d) Board members shall receive no compensation for their services but shall be

allowed travel expenses related to attendance at board meetings.

     (e) No person shall be eligible for appointment to the board unless he or she is a resident

of this state.

     (f) Members of the board shall be removable by the governor pursuant to the provisions

of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

     29-3.1-3.1. Appointment of members of the library board. -- (a) The governor shall,

with the advice and consent of the senate, appoint the members of the library board. The governor

shall establish the library board by appointing four (4) members for terms of three (3) years, four

(4) members for terms of two (2) years, and three (3) members for terms of one year. The initial

appointments to the library board shall become effective without senate confirmation until the

senate next convenes. In 1990, terms shall commence with the date of appointment and expire on

the 31st day of December thereafter corresponding with the number of years of the term to which

appointed. With respect to the new appointments, the term of the corporate or special librarian

shall expire December 31, 1995; and the three (3) new general library user appointments shall

expire December 31, 1994, December 31, 1995, and December 31, 1996, respectively. Thereafter,

appointments Appointments shall be made for terms of three (3) years commencing on January

1st in the year of appointment and ending on December 31st in the third year thereafter.

      (b) A member shall serve until a successor is appointed and qualified. Any vacancy

among the public members of the board shall be filled by appointment of the governor for the

remainder of the unexpired term. Public members shall not be appointed for more than two (2)

successive three-year terms. Legislative members of the board shall serve during their legislative

terms.

 

     29-3.1-4.1. Powers and duties of library board. -- (a) The library board shall

communicate with and seek the advice of the chief information officer and all those concerned

with and affected by its determinations as a regular procedure in arriving at its conclusions and in

setting policy. The library board, however, shall not engage in the operation or administration of

any library.

      (b) The library board shall have the following powers and duties:

      (1) To approve a systematic program of information gathering, processing, and an

analysis addressed to every aspect of public library development and interlibrary cooperation and

resource sharing in this state, especially as that information relates to current and future library

and information service needs, so that current needs may be met with reasonable promptness and

plans formulated to meet future needs as they arise in the most efficient and economical manner

possible;

      (2) To approve a master plan defining broad goals and objectives for public library

development and interlibrary cooperation and resource sharing in the state. These goals and

objectives shall be expressed in terms of the library and information services to which individuals

will have access. The library board shall continually evaluate the efforts and results of the library

and information services in the light of these objectives;

      (3) To approve board policy to implement the goals and objectives established and

adopted by the library board from time to time; and to adopt and require enforcement of standards

and regulations for public library services and interlibrary cooperation and resource sharing;

      (4) To determine priorities of expenditures of state revenues and other public resources

made available for the support of public library development and interlibrary cooperation and

resource sharing purposes; provided that nothing contained in this subsection shall authorize the

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

      (5) To approve annually the program for the use of federal funds submitted to the United

States department of education;

      (6) To establish such committees as necessary or desirable for the conduct of any or all

aspects of public library development and interlibrary cooperation and resource sharing, and to

determine all powers and functions as well as composition of committees established and to

dissolve the committees when their purpose shall have been fulfilled; provided that nothing

contained in this paragraph shall be construed to grant the library board the power to establish

subcommittees performing the duties and functions of local boards of trustees;

      (7) To exercise the following functions, powers, and duties:

      (i) To be responsible for the distribution of state aid funds for public library development

and interlibrary cooperation and resource sharing;

      (ii) To approve standards and regulations for public library development and interlibrary

cooperation and resource sharing;

      (iii) To enforce the provisions of all laws relating to public library services and

interlibrary cooperation and resource sharing; and

      (iv) To decide and determine appeals from decisions relating to libraries of the chief

information officer;

      (8) To exercise all other powers with relation to the field of public library development

and interlibrary cooperation and resource sharing within this state not specifically granted to any

other department, board, or agency, and not incompatible with law, which the library board may

deem advisable;

      (9) To otherwise promote maximum efficiency and economy in the delivery of public

library services and interlibrary cooperation and resource sharing in the state; and

      (10) To submit to the governor and general assembly an annual progress report on the

condition of public library services and interlibrary cooperation and resource sharing. within

ninety (90) days after the end of each fiscal year, 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, and meeting minutes 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 authority of the

council; a summary of any training courses held pursuant to the provisions of chapter 29-3.1; 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 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 the provisions of this subsection.

     (11) To conduct a training course for newly appointed and qualified 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 following areas: the provisions of 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.

 

     SECTION 3. Section 23-28.2-23 of the General Laws in Chapter 23-28.2 entitled

"Division of Fire Safety" is hereby amended to read as follows:

 

     23-28.2-23. Fire education and training coordinating board. -- (a) There is hereby

created within the division of fire safety a fire education and training coordinating board.

comprised of thirteen (13) members appointed by the governor with the advice and consent of the

senate. The governor shall appoint one representative from each of the following groups to serve

on the board: In making said appointments, the governor shall give due consideration to

including in the board's membership representatives of the following groups:

      (1) Chiefs of fire departments with predominately fully paid personnel, defined as

departments in which the vast majority of members are full-time, salaried personnel.

      (2) Chiefs of fire departments with part paid/combination personnel, defined as

departments in which members consist of both full-time salaried personnel and a large percentage

of volunteer or call personnel.

      (3) Chiefs of fire departments with predominately volunteer personnel, defined as

departments in which the vast majority of members respond voluntarily and receive little or no

compensation.

      (4) Rhode Island firefighters' instructor's association.

      (5) Rhode Island department of environmental management.

      (6) Rhode Island fire safety association.

      (7) Rhode Island state firefighter's league.

      (b) The governor shall also appoint three (3) members from the Rhode Island association

of fire fighters and two (2) members from regional firefighter's leagues.

     (8) Rhode Island association of firefighters.

     (9) Regional firefighters leagues.

      (c) The president of the senate and the speaker of the house shall each appoint one

member.

      (d)(b) The state fire marshal and the chief of training and education shall serve as ex-

officio members.

      (e)(c) Members shall be appointed for terms of three (3) years, except that the terms of

the first appointments shall be one year for approximately one-third ( 1/3) of the members, two

(2) years for approximately one-third ( 1/3) of the members, and three (3) years for approximately

one-third ( 1/3) of the members. The governor shall determine which members will fall into the

one, two (2), and three (3) categories when making initial appointments. Members of the board as

of the effective date of this act shall continue to serve for the balance of their current terms.

Thereafter, members shall be appointed to three (3) year terms. No person shall serve more than

two (2) consecutive terms, except that service on the board for a term of less than two (2) years

resulting from an initial appointment or an appointment for the remainder of an unexpired term

shall not constitute a full term.

     (d) Members shall hold office until a successor is appointed, and no member shall serve

beyond the time he or she ceases to hold office or employment by reason of which he or she was

eligible for appointment.

     (e) All gubernatorial appointments made after the effective date of this act shall be

subject to the advice and consent of the senate. No person shall be eligible for appointment to the

board after the effective date of this act unless he or she is a resident of this state.

     (f) Members shall serve without compensation, but shall receive travel expenses in the

same amount per mile approved for state employees.

      (g) The commission board shall meet at the call of the chairperson or upon written

petition of a majority of the members, but not less than six (6) times per year.

      (h) Staff support to the commission board beyond that which can be provided by the

state fire marshal shall be provided by the governor's justice commission.

      (i) The board shall:

      (1) Establish bylaws to govern operational procedures not addressed by legislation.

      (2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to

be established by the board.

      (3) Develop and offer training programs for fire fighters and fire officers based on

applicable NFPA standards used to produce training and education courses.

      (4) Develop and offer state certification programs for instructors based on NFPA

standards.

      (5) Monitor and evaluate all programs to determine their effectiveness.

      (6) Establish a fee structure in an amount necessary to cover costs of implementing the

programs.

     (7) Within ninety (90) days after the end of each fiscal year, 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 hearing held, including meeting minutes,

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 council; a summary

of any training courses held pursuant to the provisions of this section; 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 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 the provisions of this subsection.

     (8) Conduct a training course for newly appointed and qualified 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 following areas: the provisions of chapters 42-46, 36-14,

and 38-2; and the commission'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.

      (j) In addition to any sums appropriated for the operation of the fire education and

training unit within the division of fire safety there is hereby appropriated an additional sum of

forty-two thousand five hundred dollars ($42,500).

      (k) (j) In an effort to prevent potential conflicts of interest, any fire education and

training coordinating board member shall not simultaneously serve as a paid instructor and/or

administrator within the fire education and training unit.

      (l) (k) A quorum for conducting all business before the board, shall be at least seven (7)

members.

     (l) Members of the board shall be removable by the governor pursuant to the provisions

of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

     SECTION 4. Section 42-73-2 of the General Laws in Chapter 42-73 entitled "Child

Advocate Office" is hereby amended to read as follows:

 

     42-73-2. Appointment and term. -- The governor, with the advice and consent of the

senate, shall appoint a member of the bar of this state who has been admitted to practice law for at

least three (3) years to fill the office of the child advocate, who shall be a person qualified by

training and experience to perform the duties of the office as set forth in section 42-73-7. The

appointment shall be made from a list of at least three (3) persons prepared and submitted by a

committee consisting of two (2) attorneys appointed by the Rhode Island bar association; two (2)

judges of the family court appointed by the chief judge; one medical doctor appointed by the

Rhode Island medical society; one psychologist appointed by the Rhode Island psychological

association; a house member appointed by the speaker; a senate member appointed by the

president of the senate; one social worker appointed by the Rhode Island alliance of social service

employees; one person appointed as a representative of private children's agencies by the

governor; one person representing the general public appointed by the governor; and one person

appointed by the director of the department of human services. Six (6) members of the committee

shall constitute a quorum. No one shall be eligible for appointment unless he or she is a resident

of this state. The board shall elect from among the members a chair and a vice-chair. The person

appointed child advocate shall hold office for a term of five (5) years and shall continue to hold

office until his or her successor is appointed and qualified.

 

     SECTION 5. Section 31-38-15 of the General Laws in Chapter 31-38 entitled "Inspection

of Motor Vehicles" is hereby amended to read as follows:

 

     31-38-15. Motor vehicle inspection commission. -- (a) Within the department of

administration there shall be a motor vehicle inspection commission, referred to in this chapter as

the "commission", which shall function as a unit in the department. The commission shall consist

of seven (7) members who shall be appointed by the governor, with the advice and consent of the

senate. In making said appointments, the governor shall give due consideration to including in

the commission's membership one or more garage keeper(s) and/or inspection station owner(s).

      (1) Four (4) of whom shall be appointed by the governor, one of whom shall be a

certified motor vehicle inspection station operator two (2) of whom shall be from the general

public and one of whom shall be from the department of health.

     (2) One of whom shall be a member of the senate appointed by the president of the

senate; and

      (3) Two (2) of whom shall be members of the house of representatives, one of whom

shall be from the majority and one of whom shall be from the minority, appointed by the speaker.

     Of the commission membership named to be appointed in this section, one shall be

the chairperson of the joint committee on highway safety who shall also serve as chairperson of

the motor vehicle inspection commission. The tenure of all members of the commission as of the

effective date of this act shall expire on the effective date of this act, and the governor shall

nominate seven (7) new members as follows:

     (A) The governor shall appoint seven (7) members of the commission; three (3) of whom

shall serve initial terms of three (3) years; two (2) of whom shall serve an initial term of two (2)

years; and two (2) of whom shall serve an initial term of one year.

     (B) Thereafter, all members of the commission shall be appointed to serve three (3) year

terms.

     (c) The governor shall designate one member of the commission to serve as chairperson.

The commission may elect from among its members such other officers as they deem necessary.

     (d) No person shall be eligible for appointment to the commission after the effective date

of this act unless he or she is a resident of this state.

     (e) Four (4) members of the commission shall constitute a quorum.

     (f) Members of the commission shall be removable by the governor pursuant to the

provisions of section 36-1-7 of the general laws and for cause only, and removal solely for

partisan or personal reasons unrelated to capacity of fitness for the office shall be unlawful.

     (g) 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, including

meeting minutes, subjects addressed, decisions rendered, licenses considered and their

disposition, 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 the

provisions of this section; 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 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 the provisions of

this subsection.

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

(6) months of their qualification or designation. The course shall be developed by the chair of the

commission, approved by the commission, and conducted by the chair of the commission. The

commission may approve the use of any commission 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 commission'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 material relating to the provisions of chapters 42-46, 36-

14, and 38-2.

 

     SECTION 6. Sections 30-31-2 and 30-31-4 of the General Laws in Chapter 30-31

entitled "Medal of Honor Recipients" are hereby amended to read as follows:

 

     30-31-2. Creation of committee -- Members -- Vacancies. -- (a) There is hereby

created a permanent committee on Rhode Island medal of honor recipients to consist of nine (9)

members, three (3) of whom shall be from the house of representatives to be appointed by the

speaker of the house of representatives, not more than two (2) of whom shall be from the same

political party; three (3) of whom shall be from the senate to be appointed by the president of the

senate, not more than two (2) of whom shall be from the same political party; and three (3) of

whom shall be members of the general public with knowledge of veterans' affairs to be appointed

by the governor. with the advice and consent of the senate; provided, however, that:

     (i) Those members of the committee as of the effective date of this act who were

appointed to the committee by members of the general assembly shall cease to be members of the

committee on the effective date of this act and the governor shall nominate six (6) new members,

each of whom shall serve for the balance of the current term of his or her predecessor.

     (ii) Those members of the committee as of the effective date of this act who were

appointed to the committee by the governor shall continue to serve for the duration of their

current terms.

      (b) No person shall be eligible for appointment to the committee unless he or she is a

resident of this state. Vacancies shall be filled in like manner as the original appointments. The

legislative members of the committee shall serve so long as they shall remain members of the

house from which they were appointed and until their successors are duly appointed and

qualified. Members shall serve until their successors are appointed and qualified. The members of

the committee shall be eligible to succeed themselves.

     (c) No person shall be eligible for appointment to the committee after the effective date

of this act unless he or she is a resident of this state.

      (d) Members of the committee shall be removable by the governor pursuant to the

provisions of section 36-1-7 of the general laws and for cause only, and removal solely for

partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

     30-31-4. Duties. – (a) It shall be the duty of the committee to coordinate the activities of

veterans' organizations and other parties interested in veterans' affairs in order to decide upon a

suitable monument or monuments to be placed on the site described in section 30-31-1(3). The

committee is hereby empowered to determine the type of monument or monuments to be placed

on that site and it shall be the exclusive responsibility of the committee to arrange for the placing

of a monument or monuments and to maintain the grounds surrounding the monument.

     (b) Within ninety (90) days after the end of each fiscal year, the committee 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, including meeting

minutes, 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 summary of any training

courses held pursuant to the provisions of this section; 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 secretary of state's website as prescribed in

section 42-20-8.2. The director of the department of administration shall be responsible for the

enforcement of the provisions of this subsection.

     (c) The committee shall conduct a training course for newly appointed and qualified

members within six (6) months of their qualification or designation. The course shall be

developed by the chair of the committee, approved by the committee, and conducted by the chair

of the committee. The committee may approve the use of any committee 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 committee'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.

 

     SECTION 7. Sections 16-61-3, 16-61-4, 16-61-6 and 16-61-12 of the General Laws in

Chapter 16-61 entitled "Rhode Island Public Telecommunications Authority" are hereby amended

to read as follows:

 

     16-61-3. Membership of authority. – (a) The authority shall consist of nine (9)

members as follows: five (5) seven (7) public members appointed pursuant to the terms of section

16-61-4, the chairperson of the board of regents for elementary and secondary education or his or

her designee who shall serve as a non-voting ex-officio member, and the chairperson of the board

of governors for higher education or his or her designee who shall serve as a non-voting ex-

officio member., the chairperson of the senate finance committee or his or her designee, and the

chairperson of the house finance committee or his or her designee. The governor shall designate

one of the public members as chairperson of the authority.

     (b) Four (4) voting members of the committee shall constitute a quorum. A majority vote

of those present and voting shall be required for action.

     (c) No one shall be eligible for appointment unless he or she is a resident of this state.

 

     16-61-4. Appointment of public members -- Compensation. -- Appointment of public

members -- Renewal. -- (a) The governor shall with the advice and consent of the senate

establish the authority by appointing five (5) seven (7) members to serve staggered terms. The

appointments shall be made for terms of three (3) years commencing on February lst in the year

of appointment and ending on January 31st in the third (3rd) year after this. Any vacancy among

the public members of the authority shall be filled by appointment of the governor, subject to the

advice and consent of the senate, for the remainder of the unexpired term. In the selection and

appointment of members of the authority, the governor shall seek persons who best serve the

entire needs of the state. Public members shall not be appointed for more than two (2) successive

three (3) year terms each; provided, that this limitation shall not apply to that person designated

as chairperson by the governor who may be a member so long as he or she shall serve as

chairperson. The authority may elect from among its members such other officers as they deem

necessary.

     (b) The public members of the authority shall not be compensated for service in attending

meetings or duly organized subcommittee meetings of the authority at which business is transacted.

     (c) The senate and house finance chairpersons shall receive no compensation for their

services but shall be allowed their travel and necessary expenses.

     (b) Members of the board shall be removable by the governor pursuant to the provisions

of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

     16-61-6. Powers and duties of authority. -- (a) The authority shall be empowered to:

      (1) Adopt and amend and repeal suitable bylaws for the management of its affairs;

      (2) Adopt and use the official seal and alter it at its pleasure;

      (3) Maintain an office at any place or places within the state that it may designate;

      (4) Establish, own, and operate noncommercial educational television or radio

broadcasting stations, one or more public broadcasting and public broadcasting

telecommunications networks or systems, and interconnection and program production facilities;

      (5) Apply for, receive, and hold any authorizations and licenses and assignments and

reassignments of channels from the federal communications commission (FCC) as may be

necessary to conduct its operations; and prepare and file and prosecute before the FCC all

applications, reports, or other documents or requests for authorization of any type necessary or

appropriate to achieve the authorized purposes of the authority;

      (6) Provide coordination and information on matters relating to public broadcasting

telecommunications among the agencies of the state government, all facets of Rhode Island

public education and individual associations, and institutions working in these fields both within

and without the state;

      (7) Establish state wide equipment compatibility policies and determine the method of

interconnection to be employed within the state's public broadcasting system;

      (8) Assume responsibility for establishing broad programming philosophy which will

encourage diversity, quality, and excellence of programming which is released via its facilities.

The general manager shall be responsible for implementing programming policy in accordance

with the rules and regulations of the federal communications commission;

      (9) Provide appropriate advisory assistance to other agencies of the state and local and

regional groups regarding public broadcasting techniques, planning, budgeting, and related

issues;

      (10) Make to the governor and the legislature any recommendations that the authority

deems necessary with regard to appropriations relating to public broadcasting and public

broadcasting telecommunications equipment and facilities;

      (11) Subject to the approval of the governor, receive and administer gifts, contributions,

and funds from public and private sources to be expended for public broadcasting and public

broadcasting telecommunications operations, facilities, and programming consistent with

furthering the purposes of the authority;

      (12) Cooperate with federal agencies for the purpose of obtaining matching and other

federal funds and providing public broadcasting and public broadcasting telecommunications

facilities throughout the state and to make any reports that may be required of the state. The

authority shall provide appropriate advisory assistance to local school districts and others on these

matters;

      (13) Contract with program production organizations, individuals, and noncommercial

educational television and radio stations within and without the state to produce or to procure

educational television or radio programs for use by noncommercial stations within the state;

      (14) Establish and maintain a library and archives of educational television and radio

programs and related materials, disseminate information about those programs and make suitable

arrangements for the use of the programs and materials by colleges, universities, schools, and

noncommercial television and radio stations;

      (15) Conduct explorations, research, demonstrations, or training in matters related to

public broadcasting and public broadcasting telecommunications in the state, directly or through

contracts with appropriate agencies, organizations, or individuals, or by grants to nonprofit,

noncommercial organizations such as colleges, universities, schools, and noncommercial

television and radio stations;

      (16) Acquire, subject to the provisions of the general laws, through lease, purchase, or

other means, real and other property and to hold and use this property for public broadcasting and

public broadcasting telecommunications purposes;

      (17) Contract, subject to the provisions of the general laws, for the construction, repair,

maintenance, and operations of public broadcasting and public broadcasting telecommunications

facilities including program production center, stations, and interconnection facilities;

      (18) Make arrangements, where appropriate, with companies or other agencies and

institutions operating suitable interconnection facilities (e.g., landlines or satellites);

      (19) Be empowered to set and collect reasonable fees for services provided through

contracts with agencies, companies, organizations, and individuals;

      (20) Make reasonable rules and regulations to carry out the provisions of this chapter.

     (21) To conduct a training course for newly appointed and qualified members within six

(6) months of their qualification or designation. The course shall be developed by the chair of the

authority, approved by the authority, and conducted by the chair of the authority. The authority

may approve the use of any authority 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 committee'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) In carrying out its powers and duties under this section, the authority shall be

empowered to enter into contracts or agreements with any nonprofit entity for the operations in

whole or in part of the public telecommunications functions assigned to it by this chapter.

 

     16-61-12. Annual report. -- The authority shall submit to the general assembly in

February of each year 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 and the

operations of any entities created at the direction and/or under the auspices of the authority during

the preceding fiscal year. Within ninety (90) days after the end of each fiscal year, the authority

shall approve and submit an annual report to the governor, the speaker of the house of

representatives, the president of the senate, and secretary of state of its activities during that fiscal

year. The report shall provide: an operating statement summarizing meetings or hearings held,

including meeting minutes, 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 the provisions of this chapter; a briefing on

anticipated activities in the upcoming fiscal year; and findings and recommendations for

improvements. The authority shall cause an audit of its books and accounts, including the records

pertaining to any entity created at the direction and/or under the auspices of the authority, to be

made at least once each fiscal year by the auditor general. The report shall be posted

electronically on the general assembly's and 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.

 

     SECTION 8. Severability. If any provision of this act or the application thereof to any

person to 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 9. This act shall take effect upon passage.

    

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LC00331

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