ARTICLE 3 SUBSTITUTE A AS AMENDED

 

RELATING TO GOVERNMENT REORGANIZATION

 

SECTION 1. Sections 42-7.2-2, 42-7.2-4, 42-7.2-5 and 42-7.2-6 of the General Laws in Chapter 42-7.2 entitled "Office of Health and Human Services" are hereby amended to read as follows:

 

42-7.2-2. Executive office of health and human services. -- There is hereby established within the executive branch of state government an executive office of health and human services. to serve as the principal agency of the executive branch of state government for managing the departments of children, youth and families, elderly affairs, health, human services, and mental health, retardation and hospitals.  In this capacity, This the office shall: lead

a) Lead the state's five health and human services departments in order to:

 (a) (1) Improve the economy, efficiency, coordination, and quality of health and human services policy and planning, budgeting and financing.

 (b) (2) Design strategies and implement best practices that foster service access, consumer safety and positive outcomes.

 (c) (3) Maximize and leverage funds from all available public and private sources, including federal financial participation, grants and awards.

 (d) (4) Increase public confidence by conducting independent reviews of health and human services issues in order to promote accountability and coordination across departments.

 (e) (5) Ensure that state health and human services policies and programs are responsive to changing consumer needs and to the network of community providers that deliver assistive services and supports on their behalf.

(b) Supervise the administrations of federal and state medical assistance programs by acting as the single state agency authorized under title XIX of the U.S. Social Security act, 42 U.S.C. Section 1396a et seq., notwithstanding any general or public law or regulation to the contrary, and exercising such single state agency authority for such other federal and state programs as may be designated by the governor.  Nothing in this chapter shall be construed as transferring to the secretary: (1) The powers, duties or functions conferred upon the departments by Rhode Island general laws for the administration of the foregoing federal and state programs; or (2) The administrative responsibility for the preparation and submission of any state plans, state plan amendments, or federal waiver applications, as may be approved from time to time by the secretary with respect to the foregoing federal and state programs.

 

42-7.2-4. Responsibilities of the secretary. -- (a) The secretary shall be responsible to the governor for supervising the executive office of health and human services and for managing and providing strategic leadership and direction to the five departments.

 (b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the directors of the departments within the executive office of health and human services. Directors appointed to those departments shall continue to be subject to the advice and consent of the senate and shall continue to hold office as set forth in sections 42-6-1 et seq. and 42-72-1(c).

 

42-7.2-5. Duties of the secretary. -- The secretary shall be subject to the direction and supervision of the governor for the oversight, coordination and cohesive direction of state administered health and human services and in ensuring the laws are faithfully executed, not withstanding any law to the contrary. In this capacity, the Secretary of Health and Human Services  shall be authorized to:

 (a) Coordinate the administration and financing of health care benefits, human services and programs including those authorized by the Medicaid State Plan under Title XIX of the US Social Security Act. However, nothing in this section shall be construed as transferring to the secretary the powers, duties or functions conferred upon the departments by Rhode Island public and general laws for the administration of federal/state programs financed in whole or in part with Medicaid funds or the administrative responsibility for the preparation and submission of any state plans, state plan amendments, or authorized federal waiver applications.

 (b) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid reform issues as well as the principal point of contact in the state on any such related matters.

 (c) Review and ensure the coordination of any new departmental waiver requests and renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan with the potential to affect the scope, amount or duration of publicly-funded health care services, provider payments or reimbursements, or access to or the availability of benefits and services as provided by Rhode Island general and public laws. The secretary shall consider whether any such waivers or amendments are legally and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall also assess whether a proposed waiver or amendment is capable of obtaining the necessary approvals from federal officials and achieving the expected positive consumer outcomes. Department directors shall, within the timelines specified, provide any information and resources the secretary deems necessary in order to perform the reviews authorized in this section;

 (d) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house and senate finance committees, the caseload estimating conference, and to the joint legislative committee for health care oversight, by no later than December February 1 of each year, a comprehensive overview of all Medicaid expenditures included in the annual budgets developed by the departments.. outcomes, and utilization rates.  The overview shall include, but not be limited to, the following information:

 (1)Expenditures under titles xix and xxi of the social security act, as amended;

(2) Expenditures, outcomes and utilization rates by population and sub-population served (e.g. families with children, children with disabilities, children in foster care, children receiving adoption assistance, adults with disabilities, and the elderly);

(3) Expenditures, outcomes and utilization rates by each state department or other municipal or public entity receiving federal reimbursement under titles xix and xxi of the social security act, as amended; and

(4) Expenditures, outcomes and utilization rates by type of service and/or service provider.

The directors of the departments, as well as local governments and school departments, shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever resources, information and support shall be necessary.

 (e) Resolve administrative, jurisdictional, operational, program, or policy conflicts among departments and their executive staffs and make necessary recommendations to the governor.

 (f) Assure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered health and human services. In this capacity, the secretary shall:

 (1) Oversee Direct implementation of reforms in the human resources practices of the departments that streamline and upgrade services, achieve greater economies of scale and establish the coordinated system of the staff education, cross- training, and career development services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human services workforce;

 (2) Encourage the departments to utilize consumer-centered approaches to service design and delivery that expand their capacity to respond efficiently and responsibly to the diverse and changing needs of the people and communities they serve;

 (3) Develop all opportunities to maximize resources by leveraging the state's purchasing power, centralizing fiscal service functions related to budget, finance, and procurement, centralizing communication, policy analysis and planning, and information systems and data management and standardizing contractual services, pursuing alternative funding sources through grants, awards and partnerships and securing all available federal financial participation for programs and services provided through the departments; and

(4) Improve the coordination and efficiency of health and human services legal functions by centralizing adjudicative and legal services and overseeing their timely and judicious administration.

 (g) Ensure preparation of a coordinated Prepare and integrate comprehensive budgets for the health and human services departments; and any other functions and duties assigned to the office.  The budgets shall be submitted to the state budget office by the secretary, for consideration by the governor, on behalf of the state’s health and human services in accordance with the provisions set forth in section 35-3-4 of the Rhode Island general laws.

 (h) Improve the ability of departments to utilize Utilize objective data to evaluate health and human services policy goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.

 (i) Foster the establishment Establishment of an integrated approach to interdepartmental information and data management that will facilitate the transition to consumer-centered system of state administered health and human services.

 (j) At the direction of the governor or the general assembly, conduct independent reviews of state-administered health and human services programs, policies and related agency actions and activities and assist the department directors in identifying strategies to address any issues or areas of concern that may emerge thereof. The department directors shall provide any information and assistance deemed necessary by the secretary when undertaking such independent reviews.

 (k) Provide regular and timely reports to the governor and make recommendations with respect to the state's health and human services agenda.

 (l) Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the secretary.

 (m) Implement the provisions of any general or public law or regulation related to the disclosure, confidentiality and privacy of any information or records, in the possession or under the control of the executive office or the departments assigned to the executive office, that may be developed or acquired for purposes directly connected with the secretary's duties set forth herein.

(n) Hold the director of each health and human services department accountable for their administrative, fiscal and program actions in the conduct of the respective powers and duties of their agencies.

 

42-7.2-6. Departments assigned to the executive office -- Powers and duties. -- (a) The departments assigned to the secretary shall:

 (1) Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;

 (2) Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and

 (3) Provide such records and information as may be requested or required by the governor and/or the secretary to the extent allowed under the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.

(4) Forward to the secretary copies of all reports to the governor.

 (b) Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the department of children, youth and families, the department of elderly affairs, the department of health, the department of human services, and the department of mental health, retardation and hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.

 

SECTION 2. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human Services" is hereby amended by adding thereto the following section:

 

42-7.2-6.1. Transfer of powers and functions.. – (a) There are hereby transferred to the executive office of health and human services the powers and functions of the departments with respect to the following:

(1) By July 1, 2007, fiscal services including budget preparation and review, financial management, purchasing and accounting and any related functions and duties deemed necessary by the secretary;

(2) By  July 1, 2007, legal services including applying and interpreting the law, oversight to the rule-making process, and administrative adjudication duties and any related functions and duties deemed necessary by the secretary;

(3) By September 1, 2007, communications including those functions and services related to government relations, public education and outreach and media relations and any related functions and duties deemed necessary by the secretary;

(4) By March 1, 2008, policy analysis and planning including those functions and services related to the policy development, planning and evaluation and any related functions and duties deemed necessary by the secretary; and

(5) By June 30, 2008, information systems and data management including the financing, development and maintenance of all data-bases and information systems and platforms as well as any related operations deemed necessary by the secretary;

(b) The secretary shall determine in collaboration with the department directors whether the officers, employees, agencies, advisory councils, committees, commissions, and task forces of the departments who were performing such functions shall be transferred to the office.  Duties that are incidental to the performance of the functions transferred to the office in subpart (a) shall remain with the departments providing that the employees responsible thereof are performing functions that have not been transferred.

(c) In the transference of such functions, the secretary shall be responsible for ensuring:

(1) Minimal disruption of services to consumers;

(2) Elimination of duplication of functions and operations;

(3) Services are coordinated and functions are consolidated where appropriate;

(4) Clear lines of authority are delineated and followed;

(5) Cost-savings are achieved whenever feasible;

(6) Program application and eligibility determination processes are coordinated and, where feasible, integrated; and

(7) State and federal funds available to the office and the entities therein are alllocated and utilized for service delivery to the fullest extent possible.

Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the departments of children, youth and families, human services, elderly affairs, health, and mental health, retardation, and hospitals from fulfilling any statutory requirement or complying with any regulation deemed otherwise valid.

 

SECTION 3. Section 42-12-27 of the General Laws in Chapter 42-12 entitled "Department of Human Services" is hereby amended to read as follows repealed in its entirety:

 

42-12-27. Annual report of statewide Medicaid expenditures -- Health and social outcomes. -- (a) The governor and the general assembly hereby find and declare that statewide Medicaid program expenditures were approximately $1.037 billion dollars during state fiscal year 1998, and accounted for nearly twenty-eight percent (28%) of state's total annual expenditures of $3.725 billion in fiscal year 1998, and are projected to continue to be a significant percentage of the total annual state budget; that those expenditures have a significant impact on the health, educational and social fabric of the state; that although the department of human services has been designated as the single state agency responsible to the federal government and the state for the effective and efficient administration and supervision of the state's Medicaid program, as well as to provide assurances of statewide accessibility to a comprehensive system of high-quality health care services, only two-thirds (2/3) of total Medicaid expenditures is appropriated to and directly administered by the department of human services, while the remaining one-third (1/3) is appropriated to other departments within state government. The governor and the general assembly further recognize that policy makers may not have the benefit of a comprehensive and consolidated depiction of the total impact of the Medicaid program on Rhode Island children and families, adults with disabilities and the elderly; and, that policy makers should require a higher level of assurance that the funds are used to enhance health service accessibility, delivery and outcomes, as well as to improve the fiscal integrity and accountability for Medicaid expenditures.

 (b) The governor and the general assembly further find and declare that a well-coordinated comprehensive financing and service delivery system that specifically addresses the interfaces between other health, social, and educational programs, including those administered at the municipal and community level, is essential.

 (c) Wherefore, the governor and general assembly direct the director of the department of human services, as the administrator of the single state agency for the Medicaid program in Rhode Island, to issue a report to the governor, to the general assembly and to the caseload estimating conference established under section 15-17-1, no later than March 31, 2000, and by March 31st of each year thereafter, of expenditures and outcomes over time for the Medicaid program as a whole, including but not limited to the following information:

 (1) expenditures under Titles XIX and XXI of the Social Security Act, as amended;

 (2) expenditures and outcomes by population and sub-population served (e.g. families with children, children with disabilities, children in foster care, children receiving adoption assistance, adults with disabilities, and the elderly);

 (3) expenditures and outcomes by each state department or other municipal or public entity receiving federal reimbursement under Titles XIX and XXI, and

 (4) expenditures and outcomes by type of service and/or service provider.

 

SECTION 4. It is the intent of the general assembly to reform and make uniform the process of the selection of magistrates and the terms and conditions under which they shall serve. The provisions in this act which establish a ten (10) year term, shall apply to any vacancy which occurs after the date of passage and shall also apply to any magistrate position which completes its statutory term after the date of passage of this act. Any magistrate in service as of the effective date of this act who was appointed to his or her position with life tenure or for a term of years shall continue to serve in accordance with the terms of that appointment. It is the intent of the general assembly that this act shall determine the rights and duties of court magistrates superseding any act or rule in conflict with the provisions of this act.

 

SECTION 5. Section 8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby amended to read as follows:

 

8-2-11.1. Administrator/magistrate. -- (a) Any person holding the position of administrative clerk in the superior court who is a member of the bar of Rhode Island may be appointed administrator/magistrate for a term of ten (10) years and until a successor is appointed and qualified, by the presiding justice, with the advice and consent of the senate, in his or her capacity as administrative judge. Nothing herein shall be construed to prohibit the assignment of an administrator/magistrate to more than one such term, subject to the advice and consent of the senate.

 (b) (1) The administrator/magistrate shall have the power to hear and determine such matters as may be assigned to the administrator/magistrate by the presiding justice all to the same effect as if done by a justice of the superior court.

 (2) Without limiting the generality of the foregoing powers and authority, the administrator/magistrate is authorized and empowered to hear and determine motions in civil and criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo contendere, all to the same effect as if done by a justice of the superior court.

 (c) The administrator/magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide payment or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

 (d) A party aggrieved by an order entered by the administrator/magistrate shall be entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the rules of procedure of the court, the review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by the administrator/magistrate, and for enforcement of contempt adjudications of the administrator/magistrate.

 (e) Final orders of the superior court entered in a proceeding to review an order of the administrator/magistrate may be appealed to the supreme court.

 (f) The administrator/magistrate shall be:

 (1) Governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

 (2) Subject to all provisions of the canons of judicial ethics;

 (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 

SECTION 6. Sections 8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in Chapter 8-2 entitled "Superior Court" are hereby amended to read as follows:

 

8-2-39. General magistrate -- Appointment, duties and powers. -- (a) There is hereby created within the superior court the position of general magistrate who shall be appointed by the chief presiding justice of the supreme superior court, with the advice and consent of the senate, for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the general magistrate to more than one such term, subject to the advice and consent of the senate. The person appointed to serve as general magistrate shall be a member of the bar of Rhode Island. The powers and duties of the general  magistrate shall be prescribed in the order appointing him or her.

 (b) (1) The general magistrate shall assist the court in:

 (i) The determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

 (ii) The determination and payment of claims under the violent crimes indemnity fund for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;

 (iii) The determination and payment of claims from the Criminal Royalties Distribution Act of 1983, chapter 25.1 of title 12; and

 (iv) Such other matters as the chief presiding justice of the supreme superior court in consultation with the presiding justice and, if applicable, the chief justice of the receiving court determines are necessary.

 (2) The chief justice of the supreme court, with the consent of the presiding justice and, if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a magistrate in any court of the unified system. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices or judges magistrate position to which he or she is specially assigned.

 (c) The general magistrate will be empowered to hear all motions, pretrial conferences, arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and to review all such matters including, but not limited to the above, and to modify the terms and conditions of probation and other court-ordered monetary payments including, but not limited to, the extension of time for probation and court-ordered monetary payments as provided by law. The general magistrate shall have the power to take testimony in connection with all matters set forth herein.

 (d) The general magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to comply with a pending order to provide payment or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

 (e) A party aggrieved by an order entered by the general magistrate shall be entitled to a review of the order by a justice of the relevant court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by a general magistrate, and for enforcement of contempt adjudications of a general magistrate.

 (f) Final orders of the superior or family court entered in a proceeding to review an order of a general magistrate may be appealed to the supreme court. Final orders of the district court entered in a proceeding to review an order of the general magistrate may be appealed to the superior court.

 (g) The general magistrate shall:

 (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law, including without limitation, section 8-3-16;

 (2) Receive a salary equivalent to that of a district court judge and be subject to the unclassified pay plan board;

 (3) Hold office for life during good behavior; (Repealed)

 (4) Be governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

 (5) Be subject to all provisions of the canons of judicial ethics or code of judicial conduct;

 (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (h) The provisions of this section shall be afforded liberal construction.

 (i) The chief presiding justice of the supreme superior court shall initially appoint such support staff as may be necessary, relating to preparation, investigation, and implementation of the  general magistrate's  functions. Effective November 15, 1993, the support staff shall be placed under the supervision and management of the superior court, and new appointments or personnel changes in the support staff shall be subject to the directions and approval of the superior court, consistent with any applicable collective bargaining agreements. The general magistrate shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within the state, to administer oaths and to require testimony under oath. The general magistrate, or his or her designee, may serve his or her process or notices in a manner provided for the service of process and notice in civil or criminal actions in accordance with the rules of court.

 

8-2-39.1. Special magistrate. -- There is hereby created within the superior court the position of special magistrate, who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate, for a period of ten (10) years, and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of a special magistrate for one or more additional ten (10) year terms, subject to the advice and consent of the senate. The person appointed to serve as special magistrate shall be a member of the bar of the state of Rhode Island. The special magistrate shall have the duties, responsibilities, powers and benefits as authorized in section8-2-39.

 

8-2-39.2. Drug court magistrate -- Appointment, duties and powers. -- (a) There is hereby created within the superior court the position of Drug Court Magistrate who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate. The person persons appointed to serve as Drug Court Magistrate Magistrates shall be a member members of the bar of Rhode Island. The powers and duties of the Drug Court Magistrate shall be prescribed in the order appointing him or her in addition to those described herein.

 The Drug Court Magistrate's term shall be ten (10) not exceed three (3) years and until a successor is appointed and qualified. His or her salary shall be paid not out of state funds, but rather from those funds made available from the federal government. If federal funds become available after the expiration of three (3) years, nothing Nothing in this article shall prohibit the a Drug Court Magistrate from being reappointed for additional three (3) ten (10) year terms by the presiding justice of the superior court with the advice and consent of the senate. He or she shall receive a salary equivalent to that received by the special magistrate assigned to the superior court.

 (b) The Drug Court Magistrate shall be empowered to hear and decide as a superior court justice all matters relating to those adult offenders who come before the jurisdiction of the superior court on any offense relating to the offender's participation in the Adult Drug Court. In addition, the Drug Court Magistrate shall have the power to impose a period of incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any person who has been found to be in violation of any conditions previously imposed by the superior court.

 (c) The Drug Court Magistrate shall be empowered to hear and decide as a superior court justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11 "Sexual Offender Registration and Community Notification."

 (d) The Drug Court Magistrate and/or the presiding justice of the superior court may fix the venue of any person who is before the superior court as a participant in the Adult Drug Court or who is alleged to be a sexual predator, and who has filed an objection to community notification.

 (e) The Drug Court Magistrate shall be governed by the commission on judicial tenure and discipline, chapter 16 of title 8 in the same manner as justices and judges; shall be subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

(f)  A party aggrieved by an order entered by the Drug Court Magistrate shall be entitled to a review of the order by a justice of the Superior Court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The Superior Court shall, by rules of procedure, establish procedures for reviews of orders entered by a Drug Court Magistrate, and for enforcement of contempt adjudications of a Drug Court Magistrate.

 

SECTION 7. Sections 8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled "District Court" are hereby amended to read as follows:

 

8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a district court administrator/clerk who shall be appointed by the chief judge in his or her capacity as administrative head of the court, and who shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform such duties and attend to such matters as may be assigned to the administrator/clerk by the administrative judge, other than those duties assigned to the chief clerk in section8-8-19. Said duties may be assigned by the chief judge. both as to the district court established by this chapter and as to the traffic tribunal established by chapter 8.2 of this title.

 (b) Magistrate. - Any person holding the position of district court administrator/clerk who is a member of the bar of Rhode Island may be appointed district court magistrate by the chief judge in his or her capacity as administrative head of the court, subject to the advice and consent of the senate. The district court magistrate shall hold said office for a term of twelve (12) ten (10) years and until a successor is appointed and qualified; and the magistrate shall retain whatever right he or she may have to the position of district court administrator/clerk pursuant to this section. Nothing herein shall be construed to prohibit the appointment of the magistrate for more than one term, subject to the advice and consent of the senate. Any person holding office of district court magistrate on July 1, 1999 may continue in full authority in said position until such time as an appointment is made and the nominee qualified pursuant to this subsection.

 (c) The district court magistrate shall have the power to hear and determine such matters as may be assigned to the district court magistrate by the chief judge all to the same effect as if done by a judge of the district court, including but not limited to:

 (1) Matters relating to the determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

 (2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and ordinance cases and initial appearances and probable cause hearings in felony cases;

 (3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;

 (4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

 (5) Probation revocation hearings;

 (6) All matters relating to small claims and consumer claims pursuant to chapter 16 of title 10, including any pretrial motions including motions relating to the special service of process, the entry of defaults and default judgments, the trial of such cases and the entry of judgment after such trials, and all matters relating to the enforcement of such judgments, including but not limited to the ordering of installment payments and trustee process; and

 (7) Complaints for judicial review of the decision of an administrative agency pursuant to chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition of the complaints to a judge of the court. Any party may object to any portion of the magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That party shall file with the clerk of the sixth division of the district court and serve on all parties written objections which shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. A judge shall make a de novo determination of those portions to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon expiration of the ten (10) days following the service of the magistrate's proposed findings and recommendations, submit a proposed order for signature of the judge to whom the case has been assigned.

 (8) All matters heard pursuant to chapter 8.2 of this title, in the traffic tribunal.

 (d) The magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority;

 (7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to comply with a pending order to provide payment or to perform any other act;

 (8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;

 (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and

 (10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.

 (e) Except as otherwise indicated, a party aggrieved by an order entered by the district court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the magistrate.

 (f) The magistrate shall be:

 (1) Governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and judges;

 (2) Subject to all provisions of the canons of judicial ethics;

 (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (g) The provisions of this section shall be afforded liberal construction.

 

8-8-16.2. District court clerk/magistrate. -- (a) Any person who is a member of the bar of Rhode Island may be appointed district court clerk/magistrate by the chief judge in his or her capacity as administrative head of the court, subject to the advice and consent of the senate. The district court clerk/magistrate shall hold that office for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the district court clerk/magistrate to more than one such term, subject to the advice and consent of the senate. The district court clerk/magistrate shall have the power to hear and determine any matters that may be assigned to the district court clerk/magistrate by the chief judge all to the same effect as if done by a judge of the district court, including, but not limited to, matters relating to the determination of, monitoring, collection and payment of restitution and court ordered fines, fees and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees and costs, consistent with other provisions of the general laws. The clerk/magistrate may be assigned to hear and decide cases within the traffic tribunal.

 (b) The clerk/magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority; provided; however, that no such imprisonment shall occur prior to review by a judge of the court.

 (7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, for failure to comply with a pending order to provide payment or to perform any other act; provided, however, that no such imprisonment shall occur prior to review by a judge of the court.

 (8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;

 (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and

 (10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.

 (c) Except as otherwise indicated, a party aggrieved by an order entered by the district court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the district court clerk/magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the clerk/magistrate.

 (d) The district court clerk/magistrate shall:

 (1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter 16 of this title, in the same manner as justices and judges;

 (2) Be subject to all provisions of the canons of judicial ethics;

 (3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (4) Receive any salary that may be established by the unclassified pay board, that may be established by the state court administrator pursuant to section 8-15-4. The provisions of this section shall be afforded liberal construction.

 

SECTION 8. Sections 8-8.2-1, 8-8.2-2, 8-8.2-3, 8-8.2-4, 8-8.2-5, 8-8.2-6, 8-8.2-9, 8-8.2-10 and 8-8.2-17 of the General Laws in Chapter 8-8.2 entitled "Traffic tribunal" are hereby amended to read as follows:

 

8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a) There is hereby established a traffic tribunal which shall be charged with the administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the supervision of the chief judge of the district court magistrate of the traffic tribunal, who shall be the administrative head of the traffic tribunal and shall have the power to make rules for regulating practice, procedure and business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the approval of the supreme court. Such rules, when effective, shall supersede any statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief magistrate shall be equal to that of an associate judge of the district court.

 (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The chief judge of the district court shall serve as the chief judge of the traffic tribunal. The chief judge magistrate of the district court traffic tribunal may appoint a judge or magistrate who is authorized to hear and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic tribunal and the administrative or judge magistrate shall perform such administrative duties as may be delegated to him or her by the chief judge magistrate.

 (c)(i) Those judges of the administrative adjudication court in active service on July 1, 1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates in the traffic tribunal shall be less than seven (7), the chief judge magistrate of the district court traffic tribunal, with the advice and consent of the senate, may, as needed, assign a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall submit his or her name to the senate for confirmation; provided,  however, that in the event of a vacancy in the position of chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of eight (8) ten (10) years and until a successor is appointed and qualified, and shall be in the unclassified service of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. Compensation for any such magistrate shall be determined by the unclassified pay plan board determined by the chief magistrate of the traffic tribunal subject to appropriation by the general assembly but in no event shall the compensation be equal to or more than that of an associate judge of the district court. Magistrates of the traffic tribunal shall participate in the state retirement system in the same manner as all members of the unclassified service.

(ii) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through death, disability or any other reason, the position shall be filled by a magistrate consistent with the provisions of this section.

 (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her judicial duties, except as may be otherwise provided by law. He or she shall not practice law while holding office, nor shall he or she be a partner or associate of any person in the practice of law.

 (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance with chapter 16 of this title; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 15 of this title, except that section 8-15-3 and 8-15-3.1 shall not apply to judges and/or magistrates of the traffic tribunal.

 (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words and devices as it shall adopt.

 (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths and affirmations.

 (h) Administrative/supervisory officials. - (1) There shall be an assistant to the administrative judge or magistrate of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge magistrate and who shall perform such clerical and administrative duties as may be assigned to him or her by the chief judge of the district court magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate shall have the power to administer oaths and affirmations within the state.

 (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge of the district court magistrate of the traffic tribunal; provided, however, that, effective July 1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall hold office for the balance of a term of twelve (12) years which began on September 1, 1992, without the necessity of appointment by the governor or advice and consent of the senate. The clerk of the traffic tribunal shall exercise his or her functions under the direction and control of the chief judge magistrate of the district court traffic tribunal and the administrative judge or magistrate or of the traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within the state.

 (i) Clerical Personnel/Court Recorders. - (1) The chief judge of the district court magistrate of the traffic tribunal shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths and affirmations within the state.

 (2) The chief judge of the district court magistrate of the traffic tribunal shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties as may be prescribed from time to time by the chief judge of the district court  magistrate of the traffic tribunal.

 (3) The chief judge of the district court magistrate of the traffic tribunal shall employ such clerical assistants in addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

 

8-8.2-2. Jurisdiction. -- (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in section 31-10-26, all violations of the department of transportation, department of environmental management or board of governors for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief judge of the district court magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.

 (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief judge of the district court magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46.

 

8-8.2-3. Collection authority -- Contempt. -- (a) A judge or magistrate shall have the authority to enforce the judgments of the tribunal as authorized by law. The procedure for the collection of costs and fines shall generally follow the course of the collection of civil judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body attachment for any judgment entered prior to the effective date of this section. All peace officers authorized by the law shall exercise the powers of a constable for purposes of making service of any writ or notice issued by the traffic tribunal pursuant to this collection procedure, including the execution of a body attachment. In the event that a body attachment is executed, the detainee must be brought before a judge or magistrate, or if the traffic tribunal is not in session before a justice of the peace authorized pursuant to section 12-10-2 immediately upon detention or as soon thereafter as is reasonably practicable. The amount of fees and fines due to the traffic tribunal shall be noted on a body attachment issued pursuant to this procedure, and a justice of the peace shall accept said monies and order the release of the detainee if the amount due is tendered. If the detainee claims an inability to pay the full amount due, the justice of the peace shall order the release of the detainee pursuant to reasonable bail. The chief judge of the district court magistrate of the traffic tribunal shall issue rules and regulations for the collection process consistent with this section.

 (b) A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt and order him or her fined up to a maximum of five hundred dollars ($500) for each separate offense. Provided further that, if the judge or magistrate determines that the person is unable to pay the fine or judgment, he or she may order partial payments or establish a payment schedule for the payment of the fine or judgment.

 

8-8.2-4. Subpoena. -- (a) The traffic tribunal through its judges, magistrates and clerks is hereby authorized and empowered to summon defendants and issue subpoenas to the same extent as they may be issued by the district court in civil cases in such forms as may be prescribed by rules promulgated by the chief judge of the district magistrate of the traffic tribunal pursuant to section 8-6-2.

 (b) Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court.

 

8-8.2-5. Security officers -- Powers. -- (a) All full time security officers employed by the traffic tribunal shall have the same immunities and may exercise all powers of sheriffs, city and town police officers, and constables when the security officers are enforcing the laws of this state, and all rules and regulations of the traffic tribunal upon the lands and buildings owned or occupied by the traffic tribunal upon streets and highways immediately adjacent to those lands or when in attendance with a judge or magistrate.

 (b) All security officers shall be required to attend the Rhode Island municipal police academy for a period of forty (40) hours for the purpose of training in law enforcement.

 (c) When any person is suspected of having committed a felony the superintendent of state police shall be notified following the suspected felon's arrest.

 (d) When acting as a constable with the authorization of the Chief Judge Magistrate, he or she may exercise all powers under Rhode Island sections 8-8-12(10) and 8-8-23.

 

8-8.2-6. Retirement of judges on reduced pay. -- (a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of the annual salary that the judge was receiving at the time of retirement; provided, however, any person who has served for twenty (20) years and has reached the age of sixty five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retired from active service and, thereafter, the judge shall receive annually during his or her life a sum equal to the annual salary he or she was receiving at the time of his or her retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of section 36-9-5.

 (b) Any judge who shall retire in accordance with the provisions of this section may at his or her request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a judge or magistrate in the traffic tribunal as the chief judge of the district court magistrate of the traffic tribunal or the chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a judge or magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the traffic tribunal nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

 

8-8.2-9. Retirement of judges on reduced pay. -- (a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of his or her average highest three (3) consecutive years of compensation; provided, however any such person who has served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years and has reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provision of section 36-9-5.

 (b) Any judge who shall retire in accordance with the provisions of this section may at his or her own request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a magistrate in the traffic tribunal as the chief judge magistrate or chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the division of traffic adjudication nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

 

8-8.2-10. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge. – No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge or chief magistrate. --  No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge magistrate shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 8-8.2-6 or section 8-8.2-9.

 

8-8.2-17. Continued service. -- Any person appointed as magistrate of the traffic tribunal pursuant to the provisions of P.L. 1998. ch. 91, article 2, shall continue to serve in such capacity in the traffic tribunal for a term of eight (8) years from the date of his or her appointment and shall be governed by the provisions of section 8-8.2-1, as enumerated in article 4 of this act and as amended.

 

SECTION 9. Sections 8-10-3, 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10 entitled "Family Court" are hereby amended to read as follows:

 

8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. – Establishment of court – Jurisdiction – Seal – Oaths. -- (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any disability requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

 (b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

 (c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

 (d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) (d) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

 (f) (e) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.

 (g) (f) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15.

 [See section 12-1-15 of the General Laws.]

 

8-10-3.1. Magistrates -- Appointment, duties, and powers. -- (a) The chief judge of the family court may appoint magistrates, with the advice and consent of the senate, to assist the court in the conduct of its business. A person appointed to serve as a magistrate shall be a member of the bar of Rhode Island. The powers and duties of magistrates shall be prescribed in the order appointing them.

 (b) In addition, the chief judge of the family court may appoint magistrates to assist the court in the enforcement and implementation of chapter 23.1 of title 15, and to assist the family court in matters pertaining to hearings in accordance with section8-10-4, chapter 1 of title 14, chapter 8 of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. The magistrate will be empowered to hear all motions, pretrial conferences, arraignments of juvenile offenders, probable cause hearings, and review of all such matters, including but not limited to, the temporary placement, custody, disposition and adoption of children, and the taking of testimony in conducting all hearings relative thereto.

 (c) The magistrates shall serve at the pleasure of the chief judge a term of ten (10) years and until a successor is appointed and qualified and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. The special magistrates may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the family court.

 (d) A party aggrieved by an order entered by a magistrate shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall by rules of procedure establish procedures for review of orders entered by a magistrate, and for enforcement of contempt adjudications of a magistrate.

 (e) Final orders of the family court entered in a proceeding to review an order of a magistrate may be appealed to the supreme court.

 (f) The magistrates shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

 (g) The magistrates shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to non-compliance with a court order of support, in accordance with chapter 11.1 of title 15.

 (h) The magistrates may be authorized by the chief judge to hear those matters on the domestic abuse prevention calendar and the nominal calendar.

 [See section12-1-15 of the General Laws.]

 

8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within the family court the position of general magistrate of the family court who shall be appointed by the governor chief judge of the family court with the advice and consent of the senate for a life term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the general magistrate to more than one such term, subject to the advice and consent of the senate.

 (b) The general magistrate shall be an attorney at law and a member in good standing of the Rhode Island bar. with a minimum of ten (10) years experience as a general magistrate in the Rhode Island family court.

 (c) The primary function of the general magistrate shall be the enforcement of child support decrees, orders, and law relative to child support. The general magistrate shall have all the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates by any general or public law or by any rule of procedure or practice of any court within the state.

 (d) The chief justice of the supreme court with the agreement of the chief judge of the family court may specially assign the general magistrate to perform judicial duties within any court of the unified judicial system in the same manner as a judge may be assigned pursuant to chapter 15 of this title; provided, however, that the general magistrate may be assigned to the superior court subject to the prior approval of the presiding justice of the superior court. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices magistrates of the court to which he or she is specially assigned.

 (e) The general magistrate shall:

 (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law;

 (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and workers' compensation judges;

 (3) Be entitled to a special license plate under section 31-3-47;

 (4) Receive a salary equivalent to that of a district court judge and shall be subject to the unclassified pay plan board;

 (5) Be subject to all the provisions of the canons of judicial ethics; and

 (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (f) The provisions of this section shall be afforded liberal construction.

 

SECTION 10. Section 8-15-3.1 of the General Laws in Chapter 8-15 entitled "Court Administration" is hereby amended to read as follows:

 

8-15-3.1. Chief justice -- Power to assign judges. – Chief justice – Power to assign magistrates. -- The Chief justice of the supreme court has the power to assign any magistrate of the superior court, family court, and/or district court to any court of the unified judicial system with the consent of the presiding justice and/or chief judge of the relevant courts. in the same manner as a judge may be assigned pursuant to chapter 15 of this title. When a magistrate is so assigned, he or she shall be vested, authorized, and empowered with all the powers belonging to the justices and/or magistrates of the court to which he or she is specially assigned.

 

SECTION 11. The general assembly hereby requires the governor to submit, as part of his FY 2009 budget, necessary legislation to create a department of advocacy, with an effective date of no sooner than July 1, 2008, and no later than January 1, 2009.

The governor shall consult with the child advocate, mental health advocate, commission on deaf and hard of hearing, development disabilities council, and the commission on disabilities in developing the department.

The department shall include the child advocate, mental health advocate, commission on deaf and hard of hearing, developmental disabilities council, and the commission on disabilities.

The governor with advice and consent of the senate shall appoint the child advocate and the mental health advocate, as detailed in existing statutes. All agencies combined into this new department shall maintain existing duties as set forth in current law.

The department shall consolidate communications, and overhead expenditures.

 

SECTION 12.  Public Law 1997, Chapter 30, Article 25, Section 1 is hereby deleted in its entirety.

SECTION 1. There is hereby created a Program to be known as the Boards for Design Professionals, hereafter referred to as the "Program".

(a) The Program shall consist of the board of registration for professional engineers, board of registration for professional land surveyors, board of examination and registration of architects, and board of examiners of landscape architects.

(b) The purpose of the Program is to combine the resources of the four (4) boards within the Program in a cooperative venture to provide for more efficient operations.

(c) The boards shall retain their respective statutory authority pursuant to sections 5-1-5, 5-51-2, 5-8-8, and 5-8.1-4 of the general laws and any other applicable legal authority, notwithstanding their inclusion in the Program created by this article.

 

SECTION 13. (a) There shall be created within the department of business regulation, no later than January 1, 2008, a division to be known as the division of design professionals.

(1) The division shall consist of the membership of the board of registration for professional engineers, board of professional land surveyors, board of examination and registration of architects, and the board of examiners of landscape architects.

(2) The purpose of the division is to combine the four (4) boards into a single division to provide for more efficient operation.

(3) The boards shall retain their respective statutory authority pursuant to sections 5-1-5, 5-8-8, 5-8.1-4 and 5-51-2 of the general laws and any other applicable legal authority notwithstanding their inclusion in the division created by this article.

(4) The department of business regulation shall provide suitable and adequate space for the division.

(5) The division shall consist of members of each board as presently constituted; provided, however, that each board shall be entitled to cast two (2) votes regardless of the number of members of each board. The governor shall appoint a chairman of the division from a member of one of the boards for a period of five (5) years. The governor's choice of chairman for each five (5) year successive period shall rotate among the members of the remaining boards so that a member of each board shall serve as chairman once every fourth successive period. There shall be no compensation for the members and the chairman of the division.

(6) There shall be no new appointments to any of the boards until such time as it is necessary to maintain the membership of each board at two (2) members.

 

SECTION 14. The general assembly hereby requires the governor to submit as part of his FY 2009 budget necessary recommended legislation to create a department of public safety, with an effective date no sooner than July 1, 2008 and no later than January 1, 2009. The director of the department shall be the superintendent of the state police who shall be appointed by the governor with the advice and consent of the senate.

The department shall include the state police, E-911 emergency telephone system division, the state fire marshal who shall be appointed by the governor with the advice and consent of the senate, fire safety code board of appeal and review, justice commission, municipal police training academy, sheriffs and capital police.

The department shall consolidate communications, training facilities and training among the divisions.

 

SECTION 15.  Sections 11-47-17 and 11-47-17.1 of the General Laws in Chapter 11-47 entitled “Weapons” are hereby amended to read as follows:

 

11-47-17. Qualifications required of law enforcement officers appointed after June 17, 1959. – Except as provided in § 11-47-15.3, all law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place after June 17, 1959, will be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be the same as that required in § 11-47-15. Constables, special officers, and all law enforcement officers who by law are authorized to carry side-arms and whose appointments are made on a recurring basis will be required to qualify not later than one year following the date of enactment of this section, and their commissions or warrants will be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and will be signed and dated by the certifying authority attesting to that fact. The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. All law enforcement officers of this state and its political subdivisions will repeat this qualification at periods of not more than one year, except for correctional officers who must repeat this qualification every two (2) years.

 

11-47-17.1. Mandatory or discretionary nature of § 11-47-15.1 requirements – Qualification reports to be filed. – (a) All law enforcement officers of this state and its political subdivisions, whose permanent appointment shall take place later than June 6, 1970, shall be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be as required in §§ 11-47-15.1 and 11-47-15.3. All permanent appointed law enforcement officers of this state and its political subdivisions who are required to qualify under § 11-47-17 may, at the discretion of the officer, qualify under either § 11-47-15, 11-47-15.1 or 11-47-15.3. The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. Qualification under this section will be required at periods of not more than one year, except for correctional officers who must repeat this qualification every two (2) years.

(b) Copies of all of the qualification reports shall be filed with the office of the attorney general.

 

SECTION 16. Section 8 of this article shall take effect August 1, 2007. The remainder of this article shall take effect upon passage.