ARTICLE 9 AS AMENDED
RELATING TO
GOVERNMENTAL ORGANIZATION
SECTION
1. Section 12-1.2-4 of the General Laws in Chapter 12-1.2 entitled "State
Crime Laboratory" is
hereby amended to read as follows:
12-1.2-4. Funding.
-- The state crime laboratory shall be funded through the budget of
the department of
SECTION
2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
154
DIVISION
OF ELDERLY AFFAIRS
42-154-1.
Establishment of division -- Director. – There is hereby established
within
the executive branch of state government and the
department of human services a division of
elderly affairs, effective July 1, 2011. The head of
the division shall be the director of the division
of elderly affairs, who shall be a person qualified
through and by training and experience to
perform the duties of the division. The director shall
be in the unclassified service.
42-154-2. Transfer
of powers and duties from the department of elderly affairs. –
There is hereby transferred to the division of elderly
affairs within the department of human
services those powers and duties formerly administered
by the department of elderly affairs as
provided for in chapters 42-66 (“Elderly Affairs
Department”) through 42-66.10 (“Elder Health
Insurance Consumer Assistance Program”), inclusive,
and any other applicable provisions of the
general laws; provided, however, in order that there
is no interruption in the functions of elderly
affairs and/or human services the transfer may be
postponed until such time as determined by the
secretary of the office of health and human services
that the transfer may best be put into force
and effect; provided, further, the governor shall
submit to the 2012 Assembly any recommended
statutory changes necessary to facilitate the merger.
42-154-3.
Construction of references. – Effective July 1, 2011, all references
in the
general laws to the department of elderly affairs
established pursuant to chapter 42-66 (“Elderly
Affairs Department”) shall be deemed to mean and refer
to the division of elderly affairs within
the department of human services as set forth in this
chapter.
SECTION
3. Chapter 42-152 of the General Laws entitled "Department of Veterans'
Affairs" is hereby
repealed in its entirety.
CHAPTER
42-152
Department
of Veterans' Affairs
42-152-1. Department
of veterans' affairs. -- There is hereby established within the
office of health and human services a department of
veterans' affairs.
42-152-2.
Powers and duties. -- The powers and duties of the former
division of
veterans' affairs, as provided for in chapter 30-17 of
the general laws are hereby transferred to the
director of veterans' affairs. The director shall be
an honorably discharged war veteran of the
United
States armed forces and shall be appointed by the governor with the advise
and consent of
the senate.
42-152-3.
Appropriations. -- The general assembly shall annually act upon
a budget
prepared and submitted by the director of veterans'
affairs for the support of the veterans' home in
the town of
and the assistance of the widows, widowers, and
dependent children of deceased veterans, known
as the "veterans' assistance fund," for the
assistance of worthy dependent veterans, and the
dependent worthy families of those veterans who served
in the army, navy, marine corps, coast
guard, merchant marines, and air force of the
that service.
42-152-4.
Powers of department of veterans' affairs. -- The department of
veterans'
affairs, in addition to having the control and
management of veterans' affairs, shall have custody
of all records inquiring into the needs of worthy
veterans and the needs of dependent worthy
families of those veterans, residing within the state
of
cases as examination proves worthy of assistance, in
such sums of money and by such methods as
will, in the judgment of that division, best relieve
the needs of worthy applicants for assistance.
42-152-5.
Pension and compensation claims assistance. -- Upon request, the
director of
the department shall, in accordance with the
applicable rules and regulations of the department of
veterans' affairs of the
claims qualifying under the provisions of section
42-12-5. The department shall render this
assistance without charge to the claimant for the
assistance.
42-152-6. Admittance
of veteran to veterans' home as condition of assistance. -- The
director or his or her designee, may, in his or her
discretion, require any veteran who has no
dependent parents, wife, or children, and who desires
assistance as provided in this chapter, to
become a resident of the veterans' home in order to
enjoy the benefits of this chapter.
42-152-7.
Residence requirement for admittance to veterans' home. -- Any
person
who has served in the army, navy, marine corps, coast guard,
merchant marines, or air force of
the
any foreign war in which the
campaign for which the
honorably discharged there from, and who shall be
deemed to be in need of care provided at the
Rhode Island Veterans' Home, may be admitted to that
facility subject to the rules and regulations
as shall be adopted by the director of veterans'
affairs to govern the admission of applicants to the
facility. Any person who has served in the armed
forces of the
and otherwise qualified, who has served less than the
ninety (90) day period described herein, and
who was honorably discharged from service, and who, as
a result of the service, acquired a
service connected disability or disease, may be
admitted. No person shall be admitted to the
facility unless the person has been accredited to the
enlistment in the state or is a legal resident of
the state at that time of the application for
admission to the facility.
42-152-8.
Annual report to general assembly. -- The director shall appear
and make an
annual report in January of each year to the House and
Senate Finance Committees, setting forth
in detail the condition of the veterans' home, any
veterans' cemetery, authorized and established
by the general assembly, and in general the character
of the work of veterans' affairs; and shall
render in the report a faithful account of all moneys
received and expended by the director and by
the division of veterans' services in the execution of
the provisions of this chapter and chapter 24
of this title, excepting the names of persons to whom
they have furnished assistance which shall
be omitted.
SECTION
4. Title 30 of the General Laws entitled "MILITARY AFFAIRS AND
DEFENSE" is hereby
amended by adding thereto the following chapter:
CHAPTER
17.1
VETERANS'
AFFAIRS
30-17.1-1.
Appropriations. – The general assembly shall annually appropriate
such
sums as it may deem necessary for the support of the
veterans' home in the town of
veterans' cemetery authorized and established by the
general assembly, and the assistance of the
widows, widowers, and dependent children of deceased
veterans, known as the "veterans'
assistance fund", for the assistance of worthy
dependent veterans, and the dependent worthy
families of those veterans who served in the army,
navy, marine corps, coast guard, and air force
of the
assistance as may be required in connection with the
administration of that program; and the state
controller is hereby authorized and directed to draw
an order upon the general treasurer for the
payment of such sums as may be from time to time
required, upon receipt by the state controller
of proper vouchers approved by the director of human
services.
30-17.1-2. Powers
of division of veterans’ affairs. – The division of veterans'
affairs, in
the department of human services, in addition to
having the control and management of veterans'
affairs, shall have custody of all records inquiring
into the needs of worthy veterans and the needs
of dependent worthy families of those veterans,
residing within the State of
shall also assist such cases as examination proves
worthy of assistance, in such sums of money
and by such methods as will, in the judgment of that
division, best relieve the needs of worthy
applicants for assistance.
30-17.1-3. Oath of
officials -- Bonds. – All officials appointed under the provisions
of
this chapter or chapter 24 of this title shall be duly
sworn to the faithful performance of their
duties. The director of human services may, in the
director's discretion, require of all officials
subordinate to the director, bonds for the faithful
performance of their duties.
30-17.1-4. Veterans’
claims assistance. – Upon request, the director of the department
of human services, or his or her designee, shall, in
accordance with the applicable rules and
regulations of the department of veterans' affairs of
the
veterans' pension and compensation claims qualifying
under the provisions of section 42-12-5.
The department of human services shall render this
assistance without charge to the claimant for
the assistance.
30-17.1-5.
Requiring veteran to enter home. – The director of human services,
or his or
her designee, may, in his or her discretion, require
any veteran who has no dependent parents,
wife, or children, and who desires assistance as
provided in this chapter, to become a resident of
the veterans' home in order to enjoy the benefits of
this chapter.
30-17.1-6.
Establishment of division director. – There is hereby established
within the
executive branch of government and the department of
human services a director of the division
of veterans’ affairs. The director of the division of
veterans’ affairs shall be a person qualified
through experience and training and shall be an
honorably discharged war veteran of the United
States armed forces. The director of the division of
veterans’ affairs shall report directly to the
director of the department of human services and be in
the unclassified service.
30-17.1-7. Annual
report to general assembly. – The director of human services shall
report annually no later than January 31 of each year
to the governor, speaker of the house of
representatives, the senate president, house and
senate finance committees, setting forth in detail
the condition of the veterans’ home, any veterans’
cemetery, authorized and established by the
general assembly, and in general the character of the
work of veterans’ affairs; and shall render in
the report a faithful account of all moneys received
and expended by the director of human
services and by the division of veterans’ services in
the execution of the provisions of this chapter
and chapter 24 of this title, excepting the names of
persons to whom they have furnished
assistance which shall be omitted.
SECTION
5. Sections 30-24-1, 30-24-2, 30-24-3, 30-24-4, 30-24-5, 30-24-6, 30-24-9,
30-24-10 and 30-24-10.1 of
the General Laws in Chapter 30-24 entitled "Rhode Island Veterans'
Home" are hereby
amended to read as follows:
30-24-1.
Management and control. -- The management and control of the
veterans' home, established in this state for those
who served in the army, navy, marine corps,
coast guard, merchant marines, or air force of the
honorably discharged therefrom,
who shall be in need of such care as is provided at the home,
shall be in the responsibility of the
director of veterans' affairs human services or his or her
designee.
30-24-2. By-laws
and regulations -- Supervision by director. -- (a) The director of
veterans' affairs human services or his or her designee shall have the general
supervision over and
shall prescribe rules for the government and
management of the
or she shall make all needful by-laws and regulations
governing the admission, maintenance, and
discharge of the residents of the home, which shall
not be inconsistent with the spirit and intent of
this chapter, and generally may do all things
necessary to successfully carry into effect the
purposes of this chapter.
(b) The director shall
appoint and employ all subordinate officials and persons needed
for the proper management of the home.
30-24-3. Department
of veterans' affairs -- Advisory council Administrator --
Advisory council. -- (a) The director of veterans' affairs human
services shall serve as
commandant and shall appoint an administrator for the
an honorably discharged war veteran of the United
States Armed Forces. There shall be an
advisory council for the department of veterans'
affairs, consisting of not more than twenty-seven
(27) qualified electors of this state, ten (10) of
whom shall be honorably discharged war veterans
of the armed forces of the
governor, consisting of a member designated by each of
the various state departments of
chartered veteran organizations, one of whom shall be
a member of the purple heart organization,
and the remaining member or members at large;
provided, however, that each of those
departments of veteran organizations shall have and
continue to have at least one member on the
advisory council for veterans' affairs; and provided
further that one member shall be a female
veteran, one member shall be a minority veteran, one
member shall be a representative of the
Persian Gulf War Veterans' Association, and one member
shall be a representative of the Korean
War Veterans' Association; seven (7) members shall
consist of five (5) members of the house of
representatives, not more than four (4) members from
the same political party, to be appointed by
the speaker of the house of representatives, and two
(2) members from the senate, not more than
one from the same political party, to be appointed by
the president of the senate. The seven (7)
members of the general assembly who shall serve on the
advisory council of veteran affairs shall
serve so long as they are members of the general
assembly.
(b) The remaining
members shall be one former representative having served at least five
(5) years on the advisory council, to be appointed by
the speaker of the house of representatives,
and one former senator having served at least five (5)
years on the advisory council, to be
appointed by the president of the senate. If either of
the last two (2) mentioned are not available,
the selections may be members at-large selected from
the general public; provided, further, the
immediate past chief of veterans' affairs shall serve
as ex-officio of the veterans' council with
voting privileges for a period of five (5) years and
may be reappointed for an additional term by
the governor. The final remaining member shall be an
active National Guard person to be
appointed by the State Adjutant General.
30-24-4.
Appointments to advisory council -- Organization and meetings. --
Annually, on or before July 1, the governor shall
appoint a successor of each member of the
advisory council whose term expires, these
appointments to be for a term of three (3) years.
Provided, however, that a former state representative
or senator having served at least five (5)
years on the advisory council shall be appointed for a
term of at least five (5) years. In case of any
vacancy or additional members on the council, the
governor shall appoint a new member for the
unexpired portion of the term of that membership as
hereinbefore provided. Members of the
council shall serve without pay. The advisory council
shall elect one of its members to serve as
chairperson for a period of one year and until a
successor is elected and qualified. Meetings shall
be held at the call of the chairperson; provided,
however, that a majority of the members may call
a meeting of the advisory council at any time, all
members being notified in any case by mail and
reasonably in advance of any such meetings. A majority
of members shall constitute a quorum for
the transaction of business. The governor may remove a
member of the council for neglect of
duty. Secretarial service for the council shall be provided
by the director of the department of
veterans' affairs human services. Provided, further, the immediate past chief of
veterans' affairs
shall serve as ex-officio of the veterans' council
with voting privileges for a period of five (5)
years and may be reappointed for an additional term by
the governor.
30-24-5. Functions
of advisory council. -- The advisory council for the department of
veterans' affairs shall exercise and perform all the
duties and functions formerly exercised and
performed by the advisory council for the
the
shall make suggestions to and shall advise the
director of veterans' affairs human services and the
administrator of the veterans' home concerning the
policies, rules, and the regulations of the
administrative power.
30-24-6. Acceptance
of gifts -- Veterans' home restricted account. -- (a) The director
of veterans' affairs human services is
hereby authorized and empowered to take and receive in the
name of the state any grant, devise, gift, or bequest
of real or personal property that may be made
for the use and benefit of the Rhode Island veterans'
home or the residents or purposes thereof.
All money so received, and all money received under
the provisions of sections 30-24-9 and 30-
24-10, shall be paid over to the general treasurer and
shall be kept by him or her as a restricted
account to be known as the "veterans' home
restricted account". Use of the "veterans' home
restricted account" funds may only be made upon
prior approval of the house of representatives'
finance committee and senate finance committee. The
director may sell and dispose of any real or
personal property received under this section, and any
property received under section 30-24-9,
and the proceeds of the sale shall be paid over to the
general treasurer to be made a part of the
restricted account. The restricted account shall be
used for the improvement of social,
recreational, and educational programs, including the
purchase of educational and recreational
supplies and equipment for the welfare of members and
for operational expenses and capital
improvements at the veterans' home and veterans'
cemetery, as deemed necessary by the director
of veterans' affairs human services.
(b) [Deleted by P.L.
1999, ch. 11, section 5.]
30-24-9. Property
of deceased residents. -- All goods, chattels, property, money, and
effects of a deceased resident of the
of by him or her by a completed inter vivos conveyance or gift, or by a valid will, after payment
therefrom of the funeral expenses, which shall not exceed five
thousand dollars ($5,000), and
after payment therefrom of
the reasonable debts and expenses of the deceased resident to be
determined by rules and regulations as shall be adopted
by the director, shall upon his or her
decease become the property of the state, and shall be
applied by the director of veterans' affairs
human services
or his designee to the uses and purposes of the veterans' restricted account;
provided, however, that the director may in his or her
discretion deliver to any surviving relative
of the deceased resident any of the property or
effects as may serve as a memento of the deceased
resident. For purposes of this section, the provisions
of chapter 24 of title 33 shall be applicable.
30-24-10.
Admissible to home -- Fees. -- (a) Any person who has served in the
army,
navy, marine corps, coast guard, or air force of the
or more and that period began or ended during any
foreign war in which the
have been engaged or in any expedition or campaign for
which the
issues a campaign medal, and who was honorably
discharged from it, and who shall be deemed to
be in need of care provided at the
subject to such rules and regulations as shall be
adopted by the director of veterans' affairs human
services to
govern the admission of applicants to the facility. Any person who has served
in the
armed forces of the
than the ninety-day period described in this section,
and who was honorably discharged from
service, and who, as a result of the service, acquired
a service-connected disability or disease,
may be admitted. No person shall be admitted to the
facility unless the person has been accredited
to the enlistment or induction quota of the state or
has resided in the state for at least two (2)
consecutive years next prior to the date of the
application for admission to the facility.
(b) (1) The director
shall, at the end of each fiscal year, determine the net per diem
expenses of maintenance of residents in the facility and
shall assess against each resident who has
"net income", as defined in this section, a
fee equal to eighty percent (80%) of the resident's net
income, provided that fee shall not exceed the actual
cost of care and maintenance for the
resident; and provided that an amount equal to twenty
percent (20%) of the maintenance fee
assessed shall be allocated to and deposited in the
veterans' restricted account. For the purposes of
this section, "net income" is defined as
gross income minus applicable federal and state taxes and
minus:
(i)
An amount equal to one hundred fifty dollars ($150) per month of residency and
fifty
percent (50%) of any sum received due to wounds
incurred under battle conditions for which the
resident received the purple heart; and
(ii) The amount paid by
a resident for the support and maintenance of his or her spouse,
parent(s), minor child(ren),
or child(ren) who is/are blind or permanently and
totally disabled as
defined in title XVI of the Federal Social Security Act,
42 U.S.C. sections 1381 -- 1383d, subject
to a maximum amount to be determined by rules and
regulations as shall be adopted by the
director.
(2) The fees shall be
paid monthly to the home and any failure to make payment when
due shall be cause for dismissal from the facility.
Prior to dismissal, the resident shall be afforded
administrative due process.
(c) Admissions to the
veterans' home shall be made without discrimination as to race,
color, national origin, religion, sex, disability,
marital status, age, sexual orientation, gender
identity or expression, assets, or income.
(d) Laundry services
shall be provided to the residents of the
home at no charge to the residents, with such funds to
cover the cost of providing laundry
services for residents of the Rhode Island Veterans'
Home derived from monies appropriated to
the department of veterans' affairs human
services.
30-24-10.1.
Domiciliary care program for homeless veterans. -- The director of the
department of veterans' affairs human
services is hereby authorized and empowered to establish
and maintain a domiciliary care program for homeless
veterans (Veterans Transitional Supportive
Program, V.T.S.P.) at the
Island Veterans' Home pursuant to this section shall
be exempt from the maintenance fee
assessment established pursuant to section 30-24-10,
provided, however, that the director shall
assess against each veteran admitted under this
program a monthly maintenance fee equal to ten
percent (10%) of the veteran's monthly gross income,
from whatever source derived and whether
taxable or non-taxable. In addition there will also be
additional beds called Extended, V.T.S.P.
beds to which a monthly maintenance fee of thirty
percent (30%) will be charged. Extended
V.T.S.P. will be available to eligible veterans in the
V.T.S.P. program, but occupancy will not
exceed four (4) months. The maintenance fee shall be
paid monthly to the Veterans' Home and
shall be deposited in the Veterans' Home fund. Any
failure to make payment when due shall be
cause for dismissal from the facility. Prior to any
dismissal for non-payment of fees, the veteran
shall be afforded administrative due process. The
director is authorized to promulgate rules and
regulations to effectuate the intent and provisions of
this section, and this grant of authority to
promulgate rules and regulations shall be liberally
construed.
SECTION
6. Sections 30-25-8, 30-25-9, 30-25-10, 30-25-11, 30-25-12, 30-25-13 and 30-
25-14 of the General Laws
in Chapter 30-25 entitled "Burial of Veterans" are hereby amended to
read as follows:
30-25-8.
Maintenance of north cemetery. -- The director of veterans' affairs
human
services
shall be custodian of the
markers thereon, located in the north cemetery in the
town of
to time, cause such work to be done as may be
necessary in keeping the lots, monuments, and
markers in good condition and repair.
30-25-9. Expenses
of north cemetery. -- The director of veterans' affairs human
services
is authorized to make such expenditures as may be
necessary in carrying out the purposes of
section 30-25-8, and the state controller is hereby
authorized and directed upon receipt of proper
vouchers approved by the state director of veterans'
affairs human services, to draw orders upon
the general treasurer for the payment of such sums as
may be required, from the funds under the
control of the director of veterans' affairs human
services, known as the veterans' home, restricted
account.
30-25-10. Care of
neglected graves. -- The director of veterans' affairs human
services is
authorized and empowered to undertake the care of any
grave of any soldier or sailor who fought
in the war of the revolution, or who at any time
served the
grave appears to have been neglected or abandoned. For
that purpose, the director, and the agents
or employees of the division, when duly authorized
thereunto by the director, may enter into and
upon any public or private cemetery or burial place to
clear any grave of grass, weeds, brush,
briars, or rubbish; to erect, replace, repair, or
renovate fences, memorial stones, or markers; and
to perform the other tasks as may be necessary to
restore and maintain the grave and its
surroundings in a decent and orderly condition.
30-25-11. Consent
of custodian of neglected grave. -- When any cemetery or burial
place containing a neglected grave is found by the
director of veterans' affairs human services, or
the agents or employees of the division, to be under
the custody or control of some private owner
or public authority, then the director shall obtain
permission in writing from the person or persons
having custody or control before entering into and
upon the cemetery or burial place; provided,
that if no person or persons can be found having the
custody or control of the cemetery or burial
place, the director shall assume the right of entry
and shall perform the duties specified in section
30-25-10, without further notice.
30-25-12.
Appropriations for care of graves. -- The general assembly shall, from
time
to time, appropriate such sums as it may deem
necessary to be expended by the director of
veterans' affairs human services in carrying out the purposes of sections
30-25-10 and 30-25-11,
and the state controller is hereby authorized and
directed, upon the receipt of the proper vouchers
approved by the director, to draw orders upon the
general treasurer for the payment of such sums
as may be required, within the amount appropriated therefor.
30-25-13.
Acceptance and administration of gifts. -- The director of veterans'
affairs
human services
may accept in the name of the state, and may administer, any devise, bequest,
or
gift which is to be expended for the general purposes
of this chapter. All sums received by devise,
bequest, or gift from any person or corporation shall
be deposited with the general treasurer, and
by him or her kept in a special fund, to be known as
"the veterans' cemetery fund", and held
subject to the order of the director.
30-25-14. Rhode
Island veterans' memorial cemetery. -- The
memorial cemetery located on the grounds of the Joseph
H. Ladd school in the town of
shall be under the management and control of the
director of the department of veterans' affairs
human services.
The director of the department of veterans' affairs human services
shall appoint
an administrator for the
discharged veteran of the United States Armed Forces
and shall have the general supervision over
and shall prescribe rules for the government and
management of the cemetery. He or she shall
make all needful rules and regulations governing the
operation of the cemetery and generally may
do all things necessary to insure the successful
operation thereof. The director shall promulgate
rules and regulations, not inconsistent with the
provisions of 38 USCS section 2402, to govern the
eligibility for burial in the
eligible for burial pursuant to rules and regulations
established by the director, any person who
served in the army, navy, air force, or marine corps
of the
than two (2) years and whose service was terminated
honorably, shall be eligible for burial in the
officials and persons needed for the proper management
of the cemetery. National Guard
members who are killed in the line of duty or who are
honorably discharged after completion of
at least twenty (20) years' of service in the Rhode
Island National Guard and their spouse shall be
eligible for internment in the Rhode Island Veterans'
computing service under this section, honorable
service in the active forces or reserves shall be
considered toward the twenty (20) years of National
Guard service. The general assembly shall
make an annual appropriation to the department of veterans'
affairs human services to provide for
the operation and maintenance for the cemetery. The
director shall charge and collect a grave
liner fee per interment of the eligible spouse and/or
eligible dependents of the qualified veteran
equal to the Department's cost for the grave liner.
SECTION
7. Section 42-18-5 of the General Laws in Chapter 42-18 entitled
"Department
of Health" is hereby
amended to read as follows:
42-18-5. Transfer of
powers and functions from department of health. -- (a) There
are hereby transferred to the department of
administration:
(1) Those functions of
the department of health which were administered through or with
respect to departmental programs in the performance of
strategic planning as defined in section
42-11-10(c);
(2) All officers,
employees, agencies, advisory councils, committees, commissions, and
task forces of the department of health who were
performing strategic planning functions as
defined in section 42-11-10(c); and
(3) So much of other
functions or parts of functions and employees and resources,
physical and funded, related thereto of the director
of health as are incidental to and necessary for
the performance of the functions transferred by
subdivisions (1) and (2).
(b) There is hereby
transferred to the department of human services the administration
and management of the special supplemental nutrition
program for women, infants, and children
(WIC) and all functions and resources associated
therewith.
(c) There is hereby
transferred to the department of human services the HIV/AIDS direct
services programs and all functions and resources
associated therewith.
SECTION
8. Section 42-11-10 of the General Laws in Chapter 42-11 entitled
"Department of
Administration" is hereby amended to read as follows:
42-11-10.
Statewide planning program. -- (a) Findings. - The general assembly
finds
that the people of this state have a fundamental
interest in the orderly development of the state;
the state has a positive interest and demonstrated
need for establishment of a comprehensive
strategic state planning process and the preparation,
maintenance, and implementation of plans
for the physical, economic, and social development of
the state; the continued growth and
development of the state presents problems that cannot
be met by the cities and towns
individually and that require effective planning by
the state; and state and local plans and
programs must be properly coordinated with the
planning requirements and programs of the
federal government.
(b) Establishment of
statewide planning program. - (1) A statewide planning program is
hereby established to prepare, adopt, and amend
strategic plans for the physical, economic, and
social development of the state and to recommend these
to the governor, the general assembly,
and all others concerned.
(2) All strategic
planning, as defined in subsection (c) of this section, undertaken by the
executive branch for those departments and other
agencies enumerated in subsection (g) of this
section, shall be conducted by or under the
supervision of the statewide planning program. The
statewide planning program shall consist of a state
planning council, and the office of strategic
planning and the office of systems planning of the
division of planning, which shall be a division
within the department of administration.
(c) Strategic planning.
- Strategic planning includes the following activities:
(1) Establishing or
identifying general goals.
(2) Refining or
detailing these goals and identifying relationships between them.
(3) Formulating,
testing, and selecting policies and standards that will achieve desired
objectives.
(4) Preparing
long-range or system plans or comprehensive programs that carry out the
policies and set time schedules, performance measures,
and targets.
(5) Preparing
functional short-range plans or programs that are consistent with
established or desired goals, objectives, and
policies, and with long-range or system plans or
comprehensive programs where applicable, and that
establish measurable intermediate steps
toward their accomplishment of the goals, objectives,
policies, and/or long-range system plans.
(6) Monitoring the
planning of specific projects and designing of specific programs of
short duration by the operating departments, other
agencies of the executive branch, and political
subdivisions of the state to insure that these are
consistent with and carry out the intent of
applicable strategic plans.
(7) Reviewing the
execution of strategic plans and the results obtained and making
revisions necessary to achieve established goals.
(d) State guide plan. -
Components of strategic plans prepared and adopted in accordance
with this section may be designated as elements of the
state guide plan. The state guide plan shall
be comprised of functional elements or plans dealing
with land use; physical development and
environmental concerns; economic development; housing
production; energy supply, including
the development of renewable energy resources in
conservation; human services; and other factors
necessary to accomplish the objective of this
section. The state guide plan shall be a means for
centralizing, integrating, and monitoring long-
range goals, policies, plans, and implementation
activities related thereto. State agencies
concerned with specific subject areas, local
governments, and the public shall participate in the
state guide planning process, which shall be closely
coordinated with the budgeting process.
(e) Membership of state
planning council. - The state planning council shall consist of:
(1) The director of the
department of administration as chairperson;
(2) The director,
policy office, in the office of the governor, as vice-chairperson;
(3) The governor, or
his or her designee;
(4) The budget officer;
(5) The chairperson of
the housing resources commission;
(6) The chief of
statewide planning, as secretary;
(7) The president of
the League of Cities and Towns or his or her designee and one
official of local government, who shall be appointed
by the governor from a list of not less than
three (3) submitted by the
(8) The executive
director of the League of Cities and Towns;
(9) One representative
of a nonprofit community development or housing organization;
(10) Four (4) public
members, appointed by the governor;
(11) Two (2)
representatives of a private, nonprofit environmental advocacy
organization, both to be appointed by the governor;
and
(12) The director of
planning and development for the city of
(f) Powers and duties
of state planning council. - The state planning council shall have
the following powers and duties:
(1) To adopt strategic
plans as defined in this section and the long-range state guide plan,
and to modify and amend any of these, following the
procedures for notification and public
hearing set forth in section 42-35-3, and to recommend
and encourage implementation of these
goals to the general assembly, state and federal
agencies, and other public and private bodies;
approval of strategic plans by the governor;
(2) To coordinate the
planning and development activities of all state agencies, in
accordance with strategic plans prepared and adopted
as provided for by this section;
(3) To review and
comment on the proposed annual work program of the statewide
planning program;
(4) To adopt rules and
standards and issue orders concerning any matters within its
jurisdiction as established by this section and
amendments to it;
(5) To establish
advisory committees and appoint members thereto representing diverse
interests and viewpoints as required in the state
planning process and in the preparation or
implementation of strategic plans. The state planning
council shall appoint a permanent
committee comprised of:
(i)
Public members from different geographic areas of the state representing
diverse
interests, and
(ii) Officials of
state, local and federal government, which shall review all proposed
elements of the state guide plan, or amendment or
repeal of any element of the plan, and shall
advise the state planning council thereon before the
council acts on any such proposal. This
committee shall also advise the state planning council
on any other matter referred to it by the
council; and
(6) To establish and
appoint members to an executive committee consisting of major
participants of a
activities.
(7) To adopt on or
before July 1, 2007, and to amend and maintain as an element of the
state guide plan or as an amendment to an existing
element of the state guide plan, standards and
guidelines for the location of eligible renewable
energy resources and renewable energy facilities
in
commercial and industrial areas, agricultural areas,
areas occupied by public and private
institutions, and property of the state and its
agencies and corporations, provided such areas are of
sufficient size, and in other areas of the state as
appropriate.
(g) Division of
planning. - (1) The division of planning shall be the principal staff agency
of the state planning council for preparing and/or
coordinating strategic plans for the
comprehensive management of the state's human,
economic, and physical resources. The division
of planning shall recommend to the state planning
council specific guidelines, standards, and
programs to be adopted to implement strategic planning
and the state guide plan and shall
undertake any other duties established by this section
and amendments thereto.
(2) The division of
planning shall maintain records (which shall consist of files of
complete copies) of all plans, recommendations, rules,
and modifications or amendments thereto
adopted or issued by the state planning council under
this section. The records shall be open to
the public.
(3) The division of
planning shall manage and administer the
information system of land-related resources, and
shall coordinate these efforts with other state
departments and agencies, including the
technical support and assistance in the development
and maintenance of the system and its
associated data base.
(4) The division of
planning shall coordinate and oversee the provision of technical
assistance to political subdivisions of the state in
preparing and implementing plans to accomplish
the purposes, goals, objectives, policies, and/or
standards of applicable elements of the state guide
plan and shall make available to cities and towns data
and guidelines that may be used in
preparing comprehensive plans and elements thereof and
in evaluating comprehensive plans and
elements thereby.
(h) Transfer
determinations. - (1) The director of administration, with the approval of the
governor, shall make the conclusive determination of
the number of positions, personnel, physical
space, property, records, and appropriation balances,
allocations and other funds of the
department of mental health, retardation, and hospitals,
department of health, department of
human services, department of corrections, department
of labor and training, department of
environmental management, department of business
regulation, department of transportation,
department of state library services, Rhode Island
Economic Development Corporation,
department of elderly affairs, department of children,
youth, and families, historical preservation
commission, water resources board, and the defense
civil preparedness/emergency management
agency of the executive department to be transferred
to the department of administration in
connection with the functions transferred there into
by the provisions of this article.
(2) In order to ensure
continuity of the strategic planning process of the department
specified heretofore, the actual transfer of functions
or any part thereof to the department of
administration may be postponed after July 1, 1985
until such time as, by executive order of the
governor, the transfer herein provided can be put into
force and effect but no later than December
31, 1985.
(i)
The division of planning shall be the principal staff agency of the water
resources
board established pursuant to chapter 46-15 (“Water
Resources Board”) and the water resources
board corporate established pursuant to chapter
46-15.1 (“Water Supply Facilities”).
SECTION
9. Chapter 42-11 of the General Laws entitled "Department of
Administration" is
hereby amended by adding thereto the following section:
42-11-10.1. Transfer
of powers, functions and resources from the water resources
board. --
(a) There are hereby transferred to the division of planning within the
department of
administration those powers and duties formerly
administered by the employees of the water
resources board as provided for in chapter 46-15
(“Water Resources Board”) through 46-15.8
(“Water Use and Efficiency Act”), inclusive, and any
other applicable provisions of the general
laws; provided, however, the governor shall submit to
the 2012 assembly any recommended
statutory changes necessary to facilitate the merger.
(b) All resources of
the water resources board, including, but not limited to, property,
employees and accounts, are hereby transferred to the
division of planning.
(c) As part of the
above transfer, except for the general manager, all employees of the
water resources board currently subject to the
provisions of chapter 4 of title 36 shall continue to
be subject to those provisions.
SECTION
10. The title of Chapter 46-15 of the General Laws entitled "WATER
RESOURCES BOARD" is
hereby amended to read as follows:
CHAPTER
46-15
Water
Resources Board
CHAPTER
46-15
WATER
RESOURCES MANAGEMENT
SECTION
11. Section 46-15-6.1 of the General Laws in Chapter 46-15 entitled "Water
Resources Board" is
hereby repealed.
46-15-6.1.
Assistants and employees and support provided. -- The board
shall appoint
a general manager, who shall not be subject to the provisions
of chapter 4 of title 36; and shall set
his or her compensation and terms of employment. The
general manager shall appoint such
subordinates, assistants, and employees as may be
required for the proper performance of the
powers and duties of the board. All those
subordinates, assistants, and employees shall be subject
to the provisions of chapter 4 of title 36.
SECTION
12. Notwithstanding any provisions of the general laws, the low-income home
energy assistance program
and the weatherization assistance program are hereby transferred from
the state energy office
within the department of administration to the department of human
services, effective July 1,
2012.
SECTION
13. The general assembly hereby directs the auditor general to chair, identify
and convene a task force of
state and local officials to develop and implement a strategic plan to
inventory, evaluate and
coordinate programs charged with preventing and detecting fraud, waste,
abuse and mismanagement of
public funds. Said strategic plan shall address the goal of
maximizing existing
resources to identify and/or prevent fraud, waste, abuse and mismanagement
of public funds. The
strategic plan shall inventory the state's various fraud detection units,
programs and resources,
provide a clear definition of roles and responsibilities, and develop
measures of success with an
appropriate timetable to measure progress.
Public
funds shall include, but not be limited to, federal, state and local
expenditures
relating to any an all
state programs and operations by agencies, bureaus, divisions, sections,
departments, offices,
commissions, institutions and activities of the State of
including those districts,
authorities, or political subdivisions created by the general assembly, the
governor, and any court,
including any city or town within the State of
The
auditor general is directed to report the findings and recommendations
contained in
the strategic plan no later
than December 1, 2011, with copies to the speaker of the house, senate
president, chairs of the
house and senate finance committees and their respective fiscal advisors.
All
departments and agencies of the state shall furnish such advice and
information,
documentary or otherwise to
the auditor general and his or her agents as is deemed necessary or
desirable by the auditor
general to facilitate the purposes of the task force.
SECTION
14. Section 42-17.1-17 of the General Laws in Chapter 42-17.1 entitled
"Department of
Environmental Management" is hereby amended to read as follows:
42-17.1-17.
Transfer of powers and functions from department of environmental
management. -- (a) There are hereby transferred to the department of administration:
(1) Those functions of
the department of environmental management which were
administered through or with respect to departmental
programs in the performance of strategic
planning as defined in section 42-11-10(c);
(2) All officers,
employees, agencies, advisory councils, committees, commissions, and
task forces of the department of environmental
management who were performing strategic
planning functions as defined in section 42-11-10(c);
and
(3) So much of other
functions or parts of functions and employees and resources,
physical and funded, related thereto of the director
of environmental management as are
incidental to and necessary for the performance of the
functions transferred by subdivisions (1)
and (2).
(b) There are hereby
transferred to the department of public safety dispatch functions of
the division of enforcement of the department of
environmental management.
(c) In order that
there is no interruption in the dispatch functions of the division of
enforcement, the actual transfer of the dispatch
functions, corresponding resources, and personnel
to the department of public safety, may be postponed
until such time, as determined by the
director of public safety, that the transfer provided
herein may be best put into force and effect,
but shall occur no later than January 1, 2012 and
shall be reflected in the FY 2012 supplemental
budget submission.
SECTION
15. Chapter 16-59 of the General Laws entitled "Board of Governors for
Higher Education" is
hereby amended by adding thereto the following section:
16-59-4.1.
Administration of higher education. -- The director of the
department of
administration is hereby directed to conduct research
and analysis to recommend a revised plan
for the organizational structure for higher education
governance, staff support and resource
allocation in
accessibility to public higher education; and
maximizing efficiencies while providing sufficient
support to the governance structure of public higher
education. The director of the department of
administration is directed to report findings,
recommendations and alternative designs to the
general assembly no later than November 1, 2011 with
copies to the speaker of the house, senate
president, chairs of the house and senate finance
committees and their respective fiscal advisors.
The report shall
include a strategic plan that outlines the mission, goals, and the estimated
cost and timelines to implement said recommendations.
The report shall provide a clear definition
of roles and responsibilities, including those
responsible for implementing the proposed
recommendations. The analysis shall develop measures
of success, and an appropriate timeline to
measure implementation progress. It shall also
include:
(1) An examination of
the various organizational structures in other states, evaluating
their strengths and weaknesses, and how they may or
may not be applicable in
should include an evaluation of the best practices
regarding organizational structures for higher
education.
(2) An analysis of
what functions could be allocated to other institutions, and which
might be centralized to translate into efficiencies
and more effective higher education policy. This
should include, but not be limited to, strategies to
reorganize and or centralize finance,
purchasing, human resources, information technology,
and facilities management within an office
of higher education, with specific direction on the
allocation of resources, staff and
responsibilities.
The report should
explore the feasibility of permanently allocating all operational
activities and other responsibilities currently held
within the office of higher education to the
three (3) higher education institutions or other
viable alternatives while maintaining the board of
governors.
All departments and
agencies of the state shall furnish such advice and information,
documentary or otherwise to the director of the
department of administration and its agents as is
deemed necessary or desirable to facilitate the
purposes of the study.
SECTION
16. Section 42-11-21 of the General Laws in Chapter 42-11 entitled
"Department of
Administration" is hereby repealed.
42-11-21.
Division of sheriffs. -- (a) Division established. - A division
of sheriffs is
hereby established within the department of
administration. This division shall be responsible for
statewide activities assigned by law which relate to
the duties and functions of the sheriffs of the
several counties. The division also shall be
responsible for all statewide activities assigned by law
which relate to the duties and functions of state
marshals. Among its other responsibilities, the
division shall also be responsible for courtroom
security and cellblocks in all state courthouses,
training of personnel, transportation of individuals
charged with crimes, and special operations.
(b) Powers and
duties.
(1) The division of
sheriffs shall have the following powers and duties:
(i)
To provide and maintain security for judges at all state courts;
(ii) To provide and maintain
security in all courtrooms and other public areas within
state courthouses;
(iii) To provide and
maintain security in the cellblocks in all state courts, and exercise all
powers as required and prescribed in all other
provisions of the general laws and public laws
relating to the powers and duties of sheriffs.
(2) The division of
sheriffs shall also have the following powers and duties previously
performed by the
(i)
To be responsible for transportation statewide of prisoners to and from police
departments, the adult correctional institutions, all
courthouses, and other places of detention;
(ii) To transport
persons arrested by state and local police departments to places of
detention; provided, however, nothing in this
subsection shall prevent state and local police
departments from transporting those persons;
(iii) To supervise
the conduct of and maintain order and discipline of the prisoners in
their custody;
(iv) To be
responsible for the custody and safety of prisoners while being transported to
and from court sessions, places of detention, and
outside hospitals prior to commitment to the
adult correctional institutions;
(v) To be
responsible for the custody and security of prisoners detained in the cellblock
areas in the
security of these prisoners during the hearing of
their cases, and while in outside hospitals prior to
commitment to the adult correctional institutions;
(vi) To be
responsible for the safety and welfare of prisoners in their custody;
(vii) To provide all
security in connection with transportation in the execution of
extraditions, including, but not limited to, warrants,
IAD (Interstate Agreement on Detainers),
arrest affidavits, interstate compact extradition, and
criminal detainers; and
(viii) To carry
firearms as prescribed.
(c) Administration
and organization. - The director of the department of administration
shall appoint with the consent of the governor an
administrator, an executive high sheriff, and
sheriffs and chief deputy sheriffs for the division of
sheriffs, each to be appointed to a ten (10)
year term. The sheriffs and chief deputy sheriffs
shall be appointed to each of the counties. The
director of the department of administration shall
appoint deputy sheriffs and other necessary
classifications, subject to the appropriation process,
to provide assistance in the areas of
courthouse and cellblock security, transportation of
prisoners, staff training and special
operations. Special operations include, but shall not
be limited to, transportation of high-risk
inmates, extraditions, the execution of criminal
warrants, prosecution and mutual aid to the police
departments of the cities and towns. This special
operations unit initially will be comprised of
personnel transferred from the
sheriffs shall be in the unclassified service.
(d) Transfer
determinations.
(1) The director of
administration, with the approval of the governor, subject to the
appropriation process, shall make the determination of
the number of positions, personnel,
property, allocations and other funds of the sheriffs
of the several counties and the department of
corrections which shall be transferred to the
department of administration.
(2) In order to
ensure continuity of the functions provided by sheriffs and marshals, the
actual transfer of functions or any part of those
functions may be postponed by the director until
such time as the director deems appropriate; provided,
however, the transfer of functions shall be
completed within three (3) years.
SECTION
17. Section 36-4-2 of the General Laws in Chapter 36-4 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 and director of veterans’ affairs;
(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
division 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
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, security officers of 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 Executive high sheriff, chief deputy sheriff,
sheriffs, deputy
sheriffs, and other employees of the sheriffs division
within the department of public safety.
(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
(15) (i) 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
(18) Artist and curator
of state owned art objects.
(19) Mental health
advocate.
(20) Child advocate.
(21) The position of
aquaculture coordinator and marine infrastructure specialist 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
18. Section 42-7.3-3 of the General Laws in Chapter 42-7.3 entitled
"Department of Public
Safety" is hereby amended to read as follows:
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).
(f) Division of
sheriffs (chapter 7.3 of title 42).
SECTION
19. Chapter 42-7.3 of the General Laws entitled "Department of Public
Safety" is hereby
amended by adding thereto the following section:
42-7.3-3.2.
Division of sheriffs. -- (a) Division established. A division of
sheriffs is
hereby established within the department of public
safety. This division shall be responsible for
statewide activities assigned by law which relate to
the duties and functions of the sheriffs of the
several counties. The division also shall be
responsible for all statewide activities assigned by law
which relate to the duties and functions of state
marshals. Among its other responsibilities, the
division shall also be responsible for courtroom
security and cellblocks in all state courthouses,
training of personnel, transportation of individuals
charged with crimes, and special operations.
(b) Powers and
Duties. (1) The division of sheriffs shall have the following powers and
duties:
(i)
To provide and maintain security for judges at all state courts;
(ii) To provide and
maintain security in all courtrooms and other public areas within state
courthouses;
(iii) To provide and
maintain security in the cellblocks in all state courts, and exercise all
powers as required and prescribed in all other
provisions of the general laws and public laws
relating to the powers and duties of sheriffs.
(2) The division of
sheriffs shall also have the following powers and duties previously
performed by the
(i)
To be responsible for transportation statewide of prisoners to and from police
departments, the adult correctional institutions, all
courthouses, and other places of detention;
(ii) To transport
persons arrested by state and local police departments to places of
detention; provided, however, nothing in this
subsection shall prevent state and local police
departments from transporting those persons;
(iii) To supervise
the conduct of and maintain order and discipline of the prisoners in
their custody;
(iv) To be
responsible for the custody and safety of prisoners while being transported to
and from court sessions, places of detention, and outside
hospitals prior to commitment to the
adult correctional institutions;
(v) To be responsible
for the custody and security of prisoners detained in the cellblock
areas in the
security of these prisoners during the hearing of
their cases, and while in outside hospitals prior to
commitment to the adult correctional institutions;
(vi) To be
responsible for the safety and welfare of prisoners in their custody;
(vii) To provide all
security in connection with transportation in the execution of
extraditions, including, but not limited to, warrants,
IAD (Interstate Agreement on Detainers),
arrest affidavits, interstate compact extradition, and
criminal detainers; and
(viii) To carry
firearms as prescribed.
(c) Administration
and organization. (1) The director of the department of public safety
shall appoint, with the consent of the governor, an
executive high sheriff. (2) The director of the
department of public safety shall appoint deputy
sheriffs and other necessary classifications,
subject to the appropriation process, to provide
assistance in the areas of courthouse and cellblock
security, transportation of prisoners, staff training
and special operations. All employees in the
division of sheriffs shall be in the unclassified
service.
SECTION
20. Section 42-29-1 of the General Laws in Chapter 42-29 entitled
"Sheriffs"
is hereby amended to read
as follows:
42-29-1.
Appointment -- Powers and duties -- Removal. -- (a) The director of
the
department of administration shall appoint with the
consent of the governor an administrator to a
ten (10) year term to be in charge of the division of
sheriffs within the department of
administration.
The director of the department of administration public safety
shall also appoint,
with the consent of the governor, an executive
high sheriff to a ten (10) year term. to assist the
administrator.
The director of the department of administration public safety
shall also appoint to
each of the counties with the consent of the governor
the sheriffs and the chief deputy sheriffs to
ten (10) year terms. The director of the department of
administration public safety shall appoint
deputy sheriffs and other necessary classifications,
subject to the appropriations process. Sheriffs,
chief deputy sheriffs, and deputy
sheriffs, and other employees of the sheriff's division shall be
subject to the supervision of the administrator
executive high sheriff who may assign tasks and
functions in order to ensure the proper management of
the sheriffs division. Any deputy sheriff
hired after July 1, 2001 must successfully complete
the sheriff academy and any courses deemed
necessary at the municipal police training academy
prior to assuming the duties of a deputy
sheriff. Furthermore, the administrator executive
high sheriff in conjunction with the personnel
administrator shall be responsible for promulgating
written class specifications with necessary
minimum qualifications defined in them. The sheriffs
of the several counties and the deputy high
sheriff for who are in office as of
February 1, 2001 shall continue to hold
office until their present term expires. Sheriffs
and deputies can be removed for just cause by
their appointing authority.
(b) The administrator,
assisted by the executive high sheriff, the sheriffs, the chief
deputy sheriffs, and the deputy sheriffs shall perform
all the duties required and exercise all the
powers prescribed in this chapter; chapter 15 of title
5; chapters 5 and 10 of title 9; chapters 5, 10
and 14 of title 10; chapters 8, 31, 34, 36 and 44 of
title 11; chapters 4, 5 and 6 of title 12; chapter
22 of title 17; chapters 4 and 6 of title 22; chapter
2 of title 28; chapter 6 of title 35; chapter 8 of
title 37; and all other provisions of the general laws
and public laws insofar as those powers and
duties relate to the sheriffs of the several counties
and as required and prescribed in all other
provisions of the general laws and public laws
relating to the powers and duties of the sheriffs of
the several counties. Sheriffs and deputies can be
removed for just cause by their appointing
authority.
(c) All resources of
the sheriffs and of the several counties shall be transferred to the
division of sheriffs within the department of administration
public safety. These resources
include, but are not limited to, all positions,
property, accounts and other funding pertinent to
sheriffs.
SECTION
21. 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 this 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
22. In order that there is no interruption in the public safety functions of
the
division of sheriffs, the
actual transfer of functions to the department of public safety, 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 may best be
put into force and effect.
SECTION
23. Section 40.1-21-4.3 of the General Laws in Chapter 40.1-21 entitled
"Division of
Developmental Disabilities" is hereby amended to read as follows:
40.1-21-4.3.
Definitions. -- As used in this chapter and in chapter 22 of this title
the
words:
(1)
"Ancillary services" means those services provided, and shall
include, but not be
limited to, transportation, housing, housing
adaptation, personal attendant care, and homemaker
services.
(2)
"Case management" means the implementation of an individual's program
by
providing information, by referral to appropriate
service providers, by procurement of services,
and by the coordination of the necessary services.
(3)
"Department" means the
hospitals.
(4)
"Developmental services" means those services provided to
developmentally
disabled adults, and shall include, but not be limited
to, habilitation and rehabilitation services,
and day services.
(5)
"Developmentally disabled adult" means a person, eighteen (18) years
old or older
and not under the jurisdiction of the department of
children, youth, and families who is either a
mentally retarded developmentally disabled adult or is
a person with a severe, chronic disability
which:
(i) Is attributable to a mental or physical impairment or
combination of mental and
physical impairments;
(ii)
Is manifested before the person attains age twenty-two (22);
(iii)
Is likely to continue indefinitely;
(iv)
Results in substantial functional limitations in three (3) or more of the
following
areas of major life activity:
(A)
Self care,
(B)
Receptive and expressive language,
(C)
Learning,
(D)
Mobility,
(E)
Self-direction,
(F)
Capacity for independent living,
(G)
Economic self-sufficiency; and
(v)
Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or
other services, which are of lifelong or extended
duration and are individually planned and coordinated.
For purposes of funding, it is understood
that students enrolled in school will continue to
receive education from their local education
authority in accordance with § 16-24-1 et seq.
(6)
"Diagnosis and evaluation" means a process to determine whether and
to what
extent an individual is developmentally disabled and a
study of the individual's condition,
situation, and needs which lead to a recommendation of
what services, if any, would benefit the
individual.
(7)
"Individualized program plan" or "general service plan"
means a plan, however
named, which includes, but shall not be limited to,
the following:
(i) An evaluation of the strengths, difficulties, needs, and
goals of the individual;
(ii) A
description of those services found to be necessary or appropriate to assist
the
individual in realizing his or her potential for
self-sufficiency in major life activities;
(iii)
A description of the agencies and/or individuals, which are proposed to provide
each of the recommended services;
(iv)
The intermediate and long-range objectives for the individual's development and
habilitation;
(v)
The expected duration for the provision of the services;
(vi) A
description of the tests and other evaluative devices used and their results;
(vii)
Proposed criteria for monitoring and evaluating the success of the services in
meeting the individual's needs; and
(viii)
The signatures of the preparers of the plan and the date.
The
individual program plan shall indicate developmental, supportive, or ancillary
services by function and frequency, the manner of
subsidy and delivery and the categories of need
for services such as transportation, job training, or
occupation, housing, housing adaptation,
personal attendant care, homemaker, or other services.
This plan shall be reviewed at least
annually; provided, however, that authorizations
for services and funding issued prior to July 1,
2011 are null and void. Authorizations will be paid at
the rate effective in the quarter the service
was provided.
(8)
"Mentally retarded developmentally disabled adult" means a person
eighteen (18)
years old or older and not under the jurisdiction of the
department of children, youth, and
families, with significant sub-average, general
intellectual functioning two (2) standard deviations
below the norm, existing concurrently with deficits in
adaptive behavior and manifested during
the developmental period. For purposes of funding, it
is understood that students enrolled in
school will continue to receive education from their
local education authority in accordance with
§ 16-24-1 et seq.
(9)
"Service broker" means that individual who assists in facilitating
the connection
between the developmentally disabled person and the
services required by the individual program
plan.
(10)
"Subsidized access to service" means the provisions of financial
resources through
vouchers to a developmentally disabled person to
enable the person to gain access to appropriate
generic and/or special services as required by the
individual program plan.
(11)
"Supportive services" means those services provided to
developmentally disabled
adults, and shall include, but not be limited to,
occupational therapy, physical therapy,
psychological services, counseling, nursing services,
and medical services.
SECTION
24. Section 40.1-26-2 of the General Laws in Chapter 40.1-26 entitled
"Rights
for Persons with
Developmental Disabilities" is hereby amended to read as follows:
40.1-26-2.
Definitions. -- As used in this chapter:
(1)
"Advocate" means: (i) a legal guardian; or
(ii) an individual acting on behalf of a
person with a developmental disability in a manner
clearly consistent with the interests of the
person with a developmental disability and includes a
family member, friend, or professional
advocate. Whenever possible an advocate should be
selected by the person with a disability.
(2) "Agency"
means any person or organization which provides day program services,
residential services, support services or advocacy
services for persons with developmental
disabilities, and which is licensed by the department
of mental health, retardation, and hospitals
pursuant to section 40.1-24-1 et seq.
(3)
"Applicant" means any person with a developmental disability who has
applied for
services from the division of developmental
disabilities and/or any agency licensed by the
department of mental health, retardation, and
hospitals pursuant to section 40.1-24-1 et seq.
(4) "Aversive
interventions" means a class of stimuli that are followed by escape or
avoidance response.
(5) "Behavioral Treatment
Intervention" means any intervention or treatment to develop
or strengthen adaptive appropriate behaviors through
the application of behavioral interventions
and to simultaneously reduce the frequency of
maladaptive or inappropriate behaviors. Behavior
interventions encompass interventions, which refer to
purposeful, clinical manipulation of
behavior.
(6)
"Competent" means the ability to understand the likely risks and
benefits of a
procedure or plan when the risks and benefits are presented
to the participant in a manner most
likely to be understood by the participant in light of
his or her cognitive abilities and learning
style.
(7)
"Department" means the department of mental health, retardation, and
hospitals.
(8) "Developmental
disability" means a severe chronic disability which is attributable to
a mental or physical impairment or combination of
impairments; is manifested before the person
attains age twenty-two (22); is likely to continue
indefinitely; results in substantial functional
limitations in three (3) or more of the following
areas of major life activity: self-care, receptive
and expressive language, learning, mobility,
self-direction, capacity for independent living,
economic self-sufficiency; and reflects the person's
need for a combination and sequence of
special, interdisciplinary or generic care, treatment,
or other services which are of life long or
extended duration and are individually planned and
coordinated.
(9)
"Individualized plan" means the personalized document which describes
an
individualized profile of the participant highlighting
his or her capabilities, preferences and
interests. The plan describes specific supports in the
areas of vocational, social, medical,
supported living, and rehabilitation required to meet
the specific needs of the participant. The
plan includes quality indicators that demonstrate the
plan has met the expectations of the
participant and the participant is satisfied with the
support services he or she is receiving;
provided, however, that authorizations for services
and funding issued prior to July 1, 2011 are
null and void. Authorizations for services will be
paid at the rate effective when in the quarter the
service was provided.
(10) "Participant"
means any person eighteen (18) years or older, with a developmental
disability who receives services from the division of
developmental disabilities and/or an agency
licensed by the department of mental health,
retardation, and hospitals.
(11)
"Relative" means a member of the participant's or applicant's family
who has been
actively involved in the participant's or applicant's
life, has an ongoing relationship with the
participant or applicant, and is supportive in a
manner clearly consistent with the best interests of
the participant or applicant.
(12)
"Seclusion" means placing a participant alone in a locked room
without supervision.
(13) "Serious
incidents" means any situation involving a person with developmental
disabilities in which the person:
(i)
Has sustained an injury, which requires medical care or treatment beyond
routine first
aid;
(ii) Has been missing;
(iii) Has died;
(iv) Has been involved
in a criminal act;
(v) Has been subject to
a medication error.
SECTION
25. Sections 1 through 13 shall take effect on July 1, 2011. Section 14 shall
take effect on January 1,
2012. Section 15 shall take effect upon passage. Sections 16 through 22
shall take effect on July
1, 2011. Sections 23 and 24 shall take effect upon passage.