ARTICLE 9 SUBSTITUTE A AS AMENDED

RELATING TO STATE GOVERNMENT REORGANIZATION

SECTION 1. Section 40.1-1-9 of the General Laws in Chapter 40.1-1 entitled “Department of Mental Health, Retardation, and Hospitals” is hereby amended to read as follows:

40.1-1-9. State council on developmental disabilities. – (a) The governor shall establish a state council within the executive department administratively attached to the university of Rhode Island (hereafter referred to as the "university") and make appropriate provisions for the rotation of membership, and appoint such representatives as are required as a condition of eligibility for benefits under the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 6000 et seq., as enacted by Title V of P.L. 95-602 on November 6, 1978, by the congress of the United States, of 2000, public law 106-402, codified at 42 U.S.C. section 150001 et seq., to consult with the directors of the state departments of mental health, retardation, and hospitals, human services, children, youth, and families, health, and elementary and secondary education in carrying out the purposes of this chapter.

   (b) The council shall review and, where appropriate, make findings and recommendations on programs related to the care provided to persons with developmental disabilities including, but not limited to, other services available to them. The council should continue to strive to see that the developmentally disabled individuals with developmental disabilities receive the substantial care and assistance which can be provided to them and shall continue to monitor, plan, and evaluate, as may be appropriate, those services and supports affording protections to persons with developmental disabilities.

(c) The council shall submit to the U.S. Department of Health and Human Services amendments to its state plan, in compliance with the public notice and other requirements of 42 U.S.C. section 15024 and 45 C.F.R. section 1386.30 and 1386.31, that provide for the council's incorporation as a nonprofit corporation and for the designation of the university of Rhode Island as the state agency that shall, on behalf of the state, provide support to the council. After approval of such amendments, the council shall incorporate as a nonprofit corporation and enter into a memorandum of understanding with the university delineating the roles and responsibilities of the university. Thereafter, the governor shall designate the university as the state agency responsible for providing support services to the council pursuant to 42 U.S.C. section 15025(d) and 45 C.F.R. section 1386.34.

(d) The university shall have the fiscal and other responsibilities of a designated state agency pursuant to 42 U.S.C. section 15025(d) and 45 C.F.R. section 1386.34. As required by 42 U.S.C. section 15024 (c) (5) (L), the university and any other agency, office or entity of the state, shall not interfere with the advocacy, capacity building, systemic change activities, budget, personnel, state plan development, or plan implementation of the council.

SECTION 2. Upon the transfer from the executive department to the university of Rhode Island any proceeding or other business or matter undertaken or commenced, prior to the effective date of this article, by the state council on developmental disabilities that are pending on the effective date of this act, may be conducted and completed by the state council on developmental disabilities.

SECTION 3. In order that there be no interruption in the functions of the state council on developmental disabilities, the actual transfer of the state council on developmental disabilities from the executive department to the university of Rhode Island may be postponed after the effective date of this act until such time, as determined by the United States secretary of health and human services and the president of the university of Rhode Island, that the transfer herein provided can best be put into force and effect.

SECTION 4. Sections 12-2.2-1, 12-2.2-4, and 12-2.2-5 of the General Laws in Chapter 12-2.2 entitled “Capitol Police for Public Buildings” are hereby amended to read as follows:

12-2.2-1. Appointment of capitol police. – The director of administration public safety may appoint qualified persons to act as "capitol police officers," who shall be members of the state classified service. Upon appointment of an officer, the director shall issue to the person a license to act as a capitol police officer and the license shall, in the courts of this state, be evidence of the validity of the appointment of the person named and of his or her authority to act as a capitol police officer at any of the buildings or grounds within the jurisdiction of the division of public buildings as assigned by the chief of public buildings.

12-2.2-4.  Continuing powers of state and local police. – Appointment of capitol police officers pursuant to this chapter shall in no way limit the powers, authority, and responsibility of state police and police of the various cities and towns to enforce state law and municipal ordinances on property owned or leased by the state of Rhode Island. The division of state police and city and town police shall assist capitol police officers in matters relating to the detention and arraignment of prisoners for court. Capitol police officers shall submit reports concerning an arrest to the department of public safety and the division processing the arrest, whether the division of state police or the police in the city or town the state owned property is located.

12-2.2-5.  Classes in law enforcement. – All capitol police shall be required to attend and successfully complete any law enforcement courses that the director of administration of public safety shall require. These law enforcement courses will be conducted by either the state police or the municipal police training school for the benefit of the capitol police.

SECTION 5. Sections 23-28.2-1 and 23-28.2-23, of the General Laws in Chapter 23-28.2 entitled “Division of Fire Safety” are hereby amended to read as follows:

23-28.2-1.  Establishment of division and state fire marshal. – There shall be a division of state fire marshal within the state executive department of public safety, the head of which division shall be the state fire marshal. The state fire marshal shall be appointed by the governor with the advice and consent of the senate and shall serve for a period of five (5) years. During the term the state fire marshal may be removed from office by the governor for just cause. All authority, powers, duties and responsibilities previously vested in the division of fire safety are hereby transferred to the division of state fire marshal.

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. 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.

   (8) Rhode Island association of firefighters.

   (9) Regional firefighters leagues.

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

   (c) Members of the board as of the effective date of this act [March 29, 2006] 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 [March 29, 2006] 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 [March 29, 2006] 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 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 board beyond that which can will 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 § 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 state fire marshal shall, within ninety (90) days of the effective date of this act [March 29, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

   (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.

   (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 § 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 6. Section 36-4-2 of the General Laws in Chapter 36-2 entitled “Merit System” is hereby amended to read as follows:

36-4-2.  Positions in unclassified service. – The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:

   (1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

   (2) Employees of both houses of the general assembly.

   (3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.

   (4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

   (5) The following specific offices:

   (i) In the department of administration: director, chief information officer;

   (ii) In the department of business regulation: director;

   (iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;

   (iv) In the department of higher education: commissioner of higher education;

   (v) In the department of health: director;

   (vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;

   (vii) In the department of environmental management: director;

   (viii) In the department of transportation: director;

   (ix) In the department of human services: director;

   (x) In the state properties committee: secretary;

   (xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

   (xii) In the department of elderly affairs: director;

   (xiii) In the department of mental health, retardation, and hospitals: director;

   (xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

   (xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;

   (xvi) In the public utilities commission: public utilities administrator;

   (xvii) In the water resources board: general manager;

   (xviii) In the human resources investment council: executive director.

   (xix) In the office of health and human services: secretary of health and human services.

 (6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

   (7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

   (8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

   (9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

   (10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

   (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons appointed by any court.

   (12) Election officials and employees.

   (13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs, and other employees of the sheriff's division within the department of administration and security officers of the traffic tribunal.

   (14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

   (15) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

   (ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

   (16) Members of the division of state police within the department of public safety.

   (17) Executive secretary of the Blackstone Valley district commission.

   (18) Artist and curator of state owned art objects.

   (19) Mental health advocate.

   (20) Child advocate.

   (21) The position of aquaculture coordinator and dredge coordinator within the coastal resources management council.

   (22) Employees of the office of the health insurance commissioner.

   (23) In the department of revenue: the director, secretary, attorney.

(24) In the department of public safety: the director.

SECTION 7. Sections 37-8-10 and 37-8-16 of the General Laws in Chapter 37-8 entitled “Public Buildings” are hereby amended to read as follows:

37-8-10.  Hours State House open – Maintenance of good order. – The department of administration shall fix the hours for opening and closing the State House, but the hours so fixed shall not prevent access by the public to the offices therein during the time when it is provided by law that they shall be kept open. It shall be the duty of the department to maintain good order in the State House and upon the grounds surrounding the State House,. The capitol police, and the bureau of police and fire of the city of Providence, the sheriff of Providence county, and the superintendent of state police shall assign such number of officers for that purpose as the department may from time to time request.

37-8-16.  Walkie-talkies Portable communications for capitol police. – All members of the capitol police who are assigned to the state house shall be supplied and have on their person a walkie-talkie portable communications device while on their tour of duty.

SECTION 8. Sections 39-21-2, 39-21-3, 39-21-6, 39-21-7, and 39-21-10 of the General Laws in Chapter 39-21 entitled “E-911 Uniform Emergency Telephone System Division” are hereby amended to read as follows:

39-21-2.  Establishment of the E-911 uniform emergency telephone system division. – There is hereby established within the executive department of public safety the E-911 uniform emergency telephone system division with all powers and authority necessary for acquiring, planning, designing, constructing, extending, improving, operating, and maintaining the uniform emergency telephone system in this state.

39-21-3.  Personnel. – (a) The governor shall appoint an executive associate director of the E-911 uniform emergency telephone system division who shall direct the affairs of the division. The division may employ technical experts and other officers, agents, and attorneys and fix their qualifications, duties, and compensation. The executive associate director and the technical experts, officers, agents, and attorneys so employed shall be in the unclassified service of the state. The division may employ other employees, permanent and temporary, and the employees shall be in the unclassified service of the state. The division may delegate to one or more of its agents or employees such administrative duties as it may deem proper.

   (b) The department of administration shall furnish the division with suitable offices and telephone service in the state house, state office building, or some other convenient location, for the transaction of business.

39-21-6.  Cooperation with federal government. – (a) The division shall have full and complete authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.

   (b) The division or any officers or executives designated by it, may act as agent of the federal government in accordance with the requirements of any federal legislation related to federal assistance.

   (c) The division is hereby authorized to accept the provisions of any federal legislation, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the executive associate director or such other person or persons as the governor or director of public safety may designate.

   (d) The division may enter into all necessary contracts and agreements with the federal or state governments, or any agency thereof, necessary or incident to the project, and all contracts and agreements shall be signed in the name of the division by the executive associate director or some other person or persons designated by the governor or director of public safety.

39-21-7.  Applications for federal and state aid. – Whenever it shall be necessary to obtain assistance from the federal or state government in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for the execution of the project, the division may make all necessary applications for such purposes. All applications shall be made in writing in the name of the division and shall be duly signed by the executive associate director or such other person or persons as the governor or director of public safety may designate.

39-21-10.  Appropriation of revenues. – With the exception of money received by the division from the sale or licensing of communications and educational materials regarding the use of 911 as a uniform emergency telephone number and system, all money received by the division for the use of the facilities of the project shall be paid over to the general treasurer and by him or her deposited in the fund. All money in the fund is hereby appropriated by the provisions of the chapter to be expended by the division for administration and all expenses relating to the planning, construction, equipping, operational, and maintenance of the project; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may be necessary from time to time. All money received by the division for the sale or licensing of communications and educational materials as described in this chapter shall be deposited into a separate account or fund by the general treasurer for the sole restricted purpose of financially supporting the creation, distribution, and use of public educational materials regarding the use of 911 as a uniform emergency telephone number and system. For these purposes, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may be necessary from time to time as determined by the executive associate director or his or her designee.

SECTION 9. Sections 42-6-1, 42-6-2, and 42-6-3 of the General Laws in Chapter 42-6 entitled “Departments of State Government” are hereby amended to read as follows:

42-6-1.  Enumeration of departments. – All the administrative powers and duties heretofore vested by law in the several state departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the following departments and other agencies which are specified in this title:

   (a) Executive department (chapter 7 of this title);

   (b) Department of state (chapter 8 of this title);

   (c) Department of the attorney general (chapter 9 of this title);

   (d) Treasury department (chapter 10 of this title);

   (e) Department of administration (chapter 11 of this title);

   (f) Department of business regulation (chapter 14 of this title);

   (g) Department of children, youth, and families (chapter 72 of this title);

   (h) Department of corrections (chapter 56 of this title);

   (i) Department of elderly affairs (chapter 66 of this title);

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

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

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

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

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

   (o) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);

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

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

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

   (s) Department of revenue (chapter 143 of title 44). ;

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

42-6-2.  Heads of departments. – The governor, secretary of state, attorney general, and general treasurer, hereinafter called general officers, shall each be in charge of a department. There shall also be a director of administration, a director of revenue, a director of public safety, a director of human services, a director of mental health, retardation, and hospitals, a director of transportation, a director of business regulation, a director of labor and training, a director of environmental management, a director for children, youth, and families, a director of elderly affairs, and a director of corrections. Each director shall hold office at the pleasure of the governor and he or she shall serve until his or her successor is duly appointed and qualified unless the director is removed from office by special order of the governor.

42-6-3.  Appointment of directors. – (a) At the January session following his or her election to office, the governor shall appoint a director of administration, a director of revenue, a director of public safety, a director of human services, a director of mental health, retardation, and hospitals, a director of transportation, a director of business regulation, a director of labor and training, a director of environmental management, a director for children, youth, and families, a director of elderly affairs, and a director of corrections. The governor shall, in all cases of appointment of a director while the senate is in session, notify the senate of his or her appointment and the senate shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment. If the senate shall, within sixty (60) legislative days, vote to disapprove the appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of the appointment of a different person as director and so on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If the senate shall fail, for sixty (60) legislative days next after notice, to act upon any appointment of which it has been notified by the governor, the person so appointed shall be the director. The governor may withdraw any appointment of which he or she has given notice to the senate, at any time within sixty (60) legislative days thereafter and before action has been taken thereon by the senate.

   (b) Except as expressly provided in § 42-6-9, no director of any department shall be appointed or employed pursuant to any contract of employment for a period of time greater than the remainder of the governor's current term of office. Any contract entered into in violation of this section after [July 1, 1994] is hereby declared null and void.

SECTION 10. Section 42-7-7 of the General Laws in Chapter 42-7 entitled “Executive Department” is hereby amended to read as follows:

42-7-7.  Transfer of functions from the E-911 uniform emergency telephone system authority to the executive department of public safety. – (a) There is hereby transferred to the executive department of public safety all of the powers, authority and duties necessary to operate the E-911 uniform emergency telephone system contained in chapter 21 of title 39.

   (b) The corporate existence of the E-911 uniform emergency telephone system authority is hereby terminated and all its rights and properties are hereby vested in the E-911 uniform emergency telephone system division in the executive department of public safety of the state of Rhode Island.

   (c) In addition to any of its other powers and responsibilities, the division department of public safety is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the division, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interest of the state. The proceeds of grants so received shall be paid to the general treasurer of the state and by him or her deposited in a separate fund and shall be utilized for the purposes of the grants.

(4)(d) E-911 uniform emergency telephone system benefits are extremely valuable and this service would be an enhancement to the quality of life throughout our state.

SECTION 11. TITLE 42 of the General Laws entitled “State Affairs and Government” is hereby amended by adding thereto the following chapter:

CHAPTER 42-7.3

DEPARTMENT OF PUBLIC SAFETY

42-7.3-1. Declaration of purpose. – The purpose of this chapter is to establish a public safety department. This department is responsible to consolidate the law enforcement services presently provided by six divisions and agencies within the executive branch of state government. The consolidation of these divisions and agencies into a department of public safety will assure the provision of professional services; will enable the most efficient and effective use of the state’s public safety resources; will allow for the consolidation of such functions as communications, training, and operating procedures; and will protect the lives and promote the safety of the citizens of this state.

42-7.3-2. Department of public safety. – There is hereby established within the executive branch of state government a department of public safety.

42-7.3-3. Powers and duties of the department. – The department of public safety shall be responsible for the management and administration of the following divisions and agencies:

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

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

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

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

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

42-7.3-4.  Responsibilities of the Department. The department of public safety is responsible to:

(a) Improve the economy, efficiency, coordination, and quality of public safety services policy and planning, budgeting and financing, communications and training.

(b) Increase public confidence by conducting independent reviews of public safety issues in order to promote accountability and coordination across divisions and agencies; .

(c) Ensure that state public safety policies and programs are responsive to changing needs to the network of public safety organizations that deliver similar services and efforts.

42-7.3-5. Director of Public Safety – Appointment. – The department of public safety shall be administered by a director, who shall also serve as superintendent of the Rhode Island state police. The director shall be appointed by the governor and shall hold office at the pleasure of the governor and until a successor is appointed and qualified.

42-7.3-6. Duties and  responsibilities of the director. –(a) The director shall be responsible to the governor for managing the department of public safety and for providing strategic leadership and direction to the divisions and agencies within the department. The director of public safety is authorized to:

(b) Coordinate the administration and financing of public safety services and programs.

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

(d) Resolve administrative, jurisdictional, operational, program, or policy conflicts among divisions and agencies and to take necessary action;

(e) Assure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered public safety services;

(f) Prepare and integrate comprehensive budgets for the divisions and agencies within the department.

(g) Utilize objective data to evaluate public safety goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.

(h) Conduct independent reviews of state public safety programs.

(i) Provide regular and timely reports to the governor and make recommendations with respect to the state's public safety needs

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

42-7.3-7.  Assignment and reassignment of advisory bodies. – The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the divisions or agencies of the department of public safety.

42-7.3-8.  Appointment of employees. – The director, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the department of public safety.

42-7.3-9.  Rules and regulations. – The department of public safety is authorized to make and promulgate such rules and regulations as he or she deems necessary for the proper administration of this chapter and to carry out the purposes thereof.

42-7.3-10. Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 12. Sections 42-26-3, 42-26-4, 42-26-6, and 42-26-9 of the General Laws in Chapter 42-26 entitled “Rhode Island Justice Commission” are hereby amended to read as follows:

42-26-3  Commission Public Safety Grant Administration Office created – Composition. – (a) There is hereby created within the executive branch department of public safety the Rhode Island justice commission a public safety grant administration office hereinafter called the "commission," which shall be under the jurisdiction of the governor.

   (b) The commission public safety grant administration office shall consist of: (1) a criminal justice policy board, (2) a full-time administrator and staff, and (3) (2) such permanent and ad hoc committees and task forces as the board deems necessary.

42-26-4  Power and duties. – The commission public safety grant administration office shall have the following powers and duties:

   (1) Serve as the state planning agency for administration of federal criminal justice related grant programs including, but not limited to the Juvenile Justice and Delinquency Prevention Act of 1974, as amended;

   (2) Advise and assist the governor and the director of public safety in developing policies, plans, programs, and budgets for improving the coordination, administration and effectiveness of the criminal justice system in the state;

   (3) Prepare a state comprehensive criminal justice plan on behalf of the governor and the director of public safety. The plan, and any substantial modifications thereto, shall be submitted to the legislature for its advisory review of the goals, priorities and policies contained therein. The plan, to be periodically updated, shall be based on an analysis of the state's criminal justice needs and problems and shall be in conformance with state and other appropriate regulations;

   (4) Establish goals, priorities, and standards for the reduction of crime and the improvement of the administration of justice in the state;

   (5) Recommend legislation to the governor and legislature in the criminal justice field;

   (6) Encourage local comprehensive criminal justice planning efforts;

   (7) Monitor and evaluate programs and projects, funded in whole or in part by the state government, aimed at reducing crime and delinquency and improving the administration of justice;

(8) Cooperate with and render technical assistance to state agencies and units of general local government, and public or private agencies relating to the criminal justice system;

   (9) Apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state, its political subdivisions, the federal government, or any other source public or private, in accordance with the appropriations process;

   (10) Have the authority to collect from the department of corrections and any state or local government departments and agencies, such public information, data, reports, statistics, or other material which is necessary to carry out the commission's functions of the public safety grant administration office; and to collect from non-profit organizations which receive state or federal funds all information necessary to carry out the commission's functions;

   (11) Disseminate to state agencies, units of local government, public or private agencies, and others, information such as criminal justice program advancements, research results, training events, and availability of funds;

   (12) Review, no less often than annually, the administration, operation programs and activities of correctional services in the state including input from the general public and other interested persons; conduct such other reviews and studies in conjunction with the department of corrections as may be appropriate; and report findings and recommendations to the governor;

   (13) Perform other duties which may be necessary to carry out the purposes of this chapter.

42-26-6.  Criminal justice policy board – Appointment of members. – The criminal justice policy board shall consist of:

   (1) The attorney general;

   (2) The superintendent of the state police and director of the department of public safety;

   (3) The public defender;

   (4) The director of the department of corrections;

   (5) The director of the department of human services;

   (6) The director of the department of mental health, retardation, and hospitals;

   (7) The chairperson of the state board of regents;

   (8) The director of the department for children and their families;

   (9) The chief justice of the family court;

   (10) The president of the Rhode Island police chiefs association;

   (11) One police chief selected by the Rhode Island police chiefs association;

   (12) The chief justice of the supreme court;

   (13) The presiding justice of the superior court;

   (14) The chief judge of the district court;

   (15) Seven (7) members of the general assembly; four (4) from the house of representatives at least one of whom shall be a member of the minority to be appointed by the speaker, and three (3) from the senate at least one of whom shall be a member of the minority to be appointed by the president of the senate;

   (16) The executive director of the Rhode Island league of cities and towns;

   (17) The director of health;

   (18) The director of the division of fire safety;

   (19) One university or college faculty member with a research background in criminal justice appointed by the governor;

   (20) Four (4) citizens appointed by the governor;

   (21) Three (3) representatives appointed by the governor from community service organizations.

42-26-9.  Executive director. Administration -- Public safety grant administration office. (a) The governor director of public safety shall appoint the executive director from a list of three (3) candidates submitted by the criminal justice policy board. The executive director shall be qualified for the position by appropriate training and experience in the fields of administration, planning, or criminal law and justice. The unclassified pay plan board shall set the salary of the executive director and staff, consistent with any compensation and pay plan established by the state personnel office.

(b) The executive director shall: a qualified individual from the department of public safety who shall be responsible for the following:

   (1) Supervise and be responsible for the administration of the policies established by the policy board;

   (2) Establish, consolidate, or abolish any administrative subdivision within the commission public safety grant administration office and appoint and remove for cause the heads thereof, and delegate appropriate powers and duties to them;

   (3) Establish and administer projects and programs for the operation of the commission public safety grant administration office;

   (4) Appoint and remove employees of the commission public safety grant administration office and delegate appropriate powers and duties to them;

   (5) Make rules and regulations for the management and the administration of policies of the commission public safety grant administration office and the conduct of employees under his or her jurisdiction;

   (6) Collect, develop, and maintain statistical information, records, and reports as the commission public safety grant administration office may determine relevant to its functions;

   (7) Transmit bi-monthly to the policy board a report of the operations of the commission public safety grant administration office for the preceding two calendar months;

   (8) Execute and carry out the provisions of all contracts, leases, and agreements authorized by the commission public safety grant administration office with agencies of federal, state, or local government, corporations or persons;

   (9) Perform such additional duties as may be assigned to him or her by the governor, the policy board, or by law; and

   (10) Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.

SECTION 13. Chapter 42-26 of the General Laws entitled “Rhode Island Justice Commission” is hereby amended by adding thereto the following section:

42-26-1.1. Name change. -- Wherever in the general or public laws, there appears the words, “Rhode Island Justice Commission”, it should now read, “public safety grant administration office”.

SECTION 14. Sections 42-28-2, 42-28-3, 42-28-4, 42-28-7, and 42-28-10 of the General Laws in Chapter 42-28 entitled “State Police” are hereby amended to read as follows:

42-28-2.  Establishment – Superintendent – General duties. – Within the executive department of public safety there shall be the Rhode Island state police. The head of the state police shall be the superintendent of state police who shall be a qualified police administrator and shall be appointed by the governor, shall serve at his or her pleasure and shall have the rank of full colonel. The state police shall perform the duties required by this chapter; and chapter 47 of title 11; and by all other provisions of the general laws and public laws, insofar as those powers and duties relate to the Rhode Island state police and the superintendent of state police. The superintendent shall appoint and supervise such officers as may be required by law.

42-28-3.  Scope of responsibilities. – (a) The Rhode Island state police and the superintendent shall be charged with the responsibility of:

   (1) Providing a uniformed force for law enforcement;

   (2) Preparing rules and regulations for law enforcement;

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

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

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

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

42-28-4.  Composition of division. – There shall be a division of state police consisting of the following members: a superintendent who shall have the rank of full colonel; as many captains as the superintendent shall deem necessary, not to exceed three (3); one adjutant captain; one division staff inspector; two lieutenant colonels, three majors; as many lieutenants as the superintendent shall deem necessary; and such other personnel, the number and rank of whom shall be designated by the superintendent, and the general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salaries of the members of the division. The member of the Rhode Island state police who shall be assigned by the superintendent to execute the duties of executive officer deputy superintendent shall have the rank of major lieutenant colonel.

42-28-7.  Executive officer Deputy superintendent as acting superintendent. – The executive officer deputy superintendent shall, while there is a vacancy in the office of superintendent, be vested with all the powers and authority of superintendent.

42-28-10.  Appointment and removal of members. – The superintendent shall appoint the other members of the division authorized by this chapter for terms of three (3) years each, and may remove any member after a hearing, in accordance with the rules and regulations of the division, and no member so removed shall be eligible to reappointment. No person shall be eligible for appointment for the first time by the superintendent unless he or she shall be a citizen of the United States between the ages of eighteen (18) and forty-five (45) thirty-five (35) years and shall have passed a physical and mental examination in accordance with the rules of the division.

SECTION 15. Sections 42-28-34, 42-28-35, and 42-28-36 of the General Laws in Chapter 42-28 entitled “State Police” are hereby repealed:

42-28-34.  Auxiliary state police. – The superintendent of state police is authorized to recruit, train, and organize a volunteer state police auxiliary force of such size and qualifications as he or she shall determine; provided, however, that total membership in the auxiliary state police shall not exceed the number of regular state police authorized by the general assembly. The state police auxiliary force shall at all times be under the direction of the superintendent and subject to the rules and regulations of the department of state police. Members of the auxiliary force shall carry out such duties and functions as may be assigned to them from time to time by the superintendent of state police, including, but without in any way limiting the generality of the foregoing, clerical duties, traffic control, and general police duties during an emergency or threatened emergency.

42-28-35.  Duties – Limitations. – Members of the auxiliary force shall be equipped with uniforms prescribed by the superintendent and delegated specific police powers and specific police duties. They may bear and use firearms only when specifically authorized by the superintendent and only when in uniform and while assigned to active duty. While on duty they shall use only official state police vehicles and shall not be assigned unmarked cars.

42-28-36.  Auxiliary state police – Service and benefits. – (a) In the event of participation in emergency services, the members of the state police auxiliary force shall have the same immunities and privileges as apply to the organized militia and to the regular members of the state police department.

(b) All members of the volunteer state police auxiliary force shall be compensated for death, disability, or injury incurred while in training for or on auxiliary state police duty under the provisions of this chapter as follows:

(1) All medical expenses incurred as a result of such injuries shall be paid by the state; and

(2) Death and disability payments shall be paid in accordance with § 42-28-21 relating to compensation for injuries causing disability or causing death to full-time members of the state police in the course of performance of their duties.

(c) In the computation of the benefits set forth in subsection (b), any member of the volunteer state police auxiliary force suffering an injury causing disability or causing death, shall be construed to have been receiving the amount of salary paid to the lowest grade of full-time members of the state police at the time of the injury or death.

SECTION 16. Sections 42-28.2-2, 42-28.2-7, 42-28.2-8, and 42-28.2-10 of the General Laws in Chapter 42-28.2 entitled “Police Officers –Commission on Standards and Training” are hereby amended to read as follows:

42-28.2-2. Municipal Police Training Academy School established. – There is hereby created and established, under the authority of the director of the department of public safety, a municipal police training school, for the use of all municipal police departments with the exception of except the Providence police department. The municipal police training academy shall also be used by for the use of the division of enforcement of the department of environmental management, or any other recognized police authority approved by the police officer’s commission on standards and training and shall be maintained by the state and located at a facility maintained and approved by the director of public safety. for the use of the Rhode Island deputy marshals within the department of corrections and for the use of the board of governors for higher education, which shall be maintained by the state and located at the Rhode Island state police academy in Foster, Rhode Island. The school municipal police training academy may utilize other state property for special courses of instruction when deemed necessary by the commission on standards and training police officer’s commission on standards and training with the consent of the governor.

42-28.2-7. Reports. – The commission on standards and training shall make an annual report to the governor director of public safety which will include pertinent data regarding the standards established and the degree of participation of municipalities in the training programs.

42-28.2-8. Establishment of standards. -- (a) The commission on standards and

training shall prepare and publish mandatory training standards, not applicable to the city of Providence, and to be promulgated with due consideration to varying factors and special requirements of local police agencies, the division of enforcement of the department of environmental management and the board of regents relative to:

     (1) Minimum standards of physical, educational, mental and moral fitness which shall govern the recruitment, selection, and apportionment of police officers; provided, however, that the minimum height and weight standards for local police officers shall be determined by each municipality.

(2) The commission with the approval of the governor director of public safety will establish the courses of training, and set rules and regulations relative to the education, physical standards, and personal character of candidates and trainees.

     (3) Minimum course of study, attendance requirements, equipment, and facilities required at the municipal police training school, or other approved training schools certified pursuant to § 42-28.2-6.

     (4) Minimum qualification for instructors at the municipal police training school, or other approved training schools certified pursuant to § 42-28.2-6.

     (5) Minimum basic training requirements which police officers appointed to probationary terms shall complete before being eligible for continued or permanent employment, and the term within which that basic training must be completed following such appointment to a probationary term.

(6) Minimum basic training requirements which police officers not appointed for probationary terms but appointed on other than a permanent basis shall complete before being eligible for continued employment.

     (7) Categories or classifications of advanced in-service training programs and Minimum courses of study and attendance requirements for those categories or classifications.

     (8) The establishment of subordinate regional training centers in strategic geographic locations in order to serve the greatest number of local police agencies that are unable to support their own training programs.

     (b) The commission shall establish a schedule of sessions of the school, of which there shall be a minimum of one session per year.

     (c) The commission shall authorize the establishment of police training schools by any municipality which demonstrates that it can satisfactorily meet the minimum standards established for police training schools.

42-28.2-10.  Discretionary powers of commission. – The commission on standards and training may:

   (a) Visit and inspect the police training school, or examine the curriculum or training procedures, for which application for approval has been made.

   (b) Authorize the issuance of certificates of graduation or diplomas by the approved police training school to police officers who have satisfactorily completed minimum courses of study.

   (c) Cooperate with state, federal, and local police agencies in establishing and conducting local or area schools or regional training centers for instruction and training of police officers of this state, its cities or towns.

   (d) Adopt such regulations as are necessary to carry out the purpose of this chapter.

   (e) Make recommendations to the governor director of public safety on matters pertaining to qualification and training of police officers.

 (f) Approve the use of training schools certified pursuant to § 42-28.2-6 by the departments of any municipality pursuant to an agreement between that municipality and the municipality operating the facility.

SECTION 17. Any proceeding or other business or matter undertaken or commenced, prior to the effective date of this article, by a department, division, or other administrative agency, the functions, powers, and duties whereof are assigned and transferred to the department of public safety and are pending on the effective date of this act, may be conducted and completed by the director of the department of public safety, or by a subordinate under his direction, in the same manner and under the same terms and conditions and with the same effect as though it were undertaken or commenced or completed by the department, division, or other administrative agency prior to said transfer.

SECTION 18. The omission in this act of a citation of any general law or public law now in force which makes it mandatory upon or permissive for any department, division, or other agency of the state to perform certain functions, which by this article are assigned or transferred to the department of public safety, shall not, unless otherwise clearly intended, suspend or annul the right of the department to carry out such functions.

SECTION 19. In order that there is no interruption in the public safety functions of the department of public safety, the actual transfer of functions to the department, from any existing departments, divisions, or agencies, may be postponed until after the effective date of this article and until such time, as determined by director of public safety, that the transfer provided herein can best be put into force and effect.

SECTION 20. Public Law 2007, chapter 73, article 3, section 13 is hereby amended to read as follows:

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 21. This section and sections 1 through 4 of this article shall take effect upon passage. Sections 5 through 20 shall take effect on July 1, 2008.