13-R401

2013 -- H 5992 SUBSTITUTE A

Enacted 07/11/13

 

 

J O I N T R E S O L U T I O N

CREATING A BEHAVIORAL HEALTH AND FIREARMS SAFETY TASK FORCE TO REVIEW, AND MAKE RECOMMENDATIONS FOR, STATUTES RELATING TO FIREARMS AND BEHAVIORAL HEALTH ISSUES

     

     

     Introduced By: Representatives Ruggiero, Gallison, Martin, E Coderre, and McNamara

     Date Introduced: April 11, 2013

 

 

     WHEREAS, Recent and well-publicized events, including the tragic shootings at Sandy

Hook Elementary School in neighboring Connecticut, have called into question how we as a

society deal with firearm violence and public safety; and

     WHEREAS, The Rhode Island General Assembly seeks to ensure that the laws of our

state strike an appropriate balance between preserving the individual freedoms and liberties of

responsible firearm ownership, on the one hand, and on the other hand, acknowledging that

matters of public safety are recognized; and

     WHEREAS, Many of the current laws enacted in our state relating to firearms have not

been reviewed for decades, and though various governmental stakeholders have come together

during the 2013 legislative session to propose ways to strengthen these laws, the General

Assembly believes that it is appropriate to conduct a comprehensive review of these laws; and

     WHEREAS, It is of particular concern how the Rhode Island statutory framework deals

with the intersection of behavioral health and firearms safety; and

     WHEREAS, It is in the best interest of the citizens of Rhode Island to convene a task

force composed of representatives from the legislative, executive, and judicial branches of

government, members of the behavioral health community, and representatives from firearm

associations; now, therefore be it

     RESOLVED, That the Behavioral Health And Firearms Safety Task Force (hereinafter

referred to as the "Task Force”) be and the same is hereby created consisting of twenty (20)

members: three (3) of whom shall be members of the House of Representatives, to be appointed

by the Speaker of the House, not more than two (2) of whom shall be from the same political

party; three (3) of whom shall be members of the Senate, to be appointed by the President of the

Senate, not more than two (2) of whom shall be from the same political party; two (2) of whom

shall be members to be selected by the Governor; one of whom shall be the Attorney General, or

designee; one of whom shall be the State Court Administrator, of designee; one of whom shall be

the Director of the Department of Public Safety, or designee; one of whom shall be the Director

of the Department of Environmental Management, or designee; one of whom shall be the

Director of the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals,

or designee; one of whom shall be the President of the Police Chiefs' Association, or designee;

one of whom shall be the Mental Health Advocate, or designee; one of whom shall be a public

member representing mental health service providers, to be appointed by the President of the

Senate; one of whom shall be a public member representing substance abuse service providers, to

be appointed by the Speaker of House; and three (3) of whom shall be public members of the

Federated Rhode Island Sportsmen’s Club, Inc., one of whom shall be appointed by the Speaker

of the House, one of whom shall be appointed by the President of the Senate, and one of whom

shall be appointed by the Governor.

     The purpose of said Task Force shall be to conduct a review of current law and make

recommendations on legislation to improve public safety by developing a more comprehensive

approach addressing the nexus between behavioral health and firearms safety and shall include

performing the following functions with respect to the National Instant Criminal Background

Check System ("NICS"):

     (1) Conduct a review of different states' approaches for compliance with the NICS Index

(which includes information contributed by federal and state agencies identifying persons

prohibited from possessing firearms because of mental health or substance abuse history) to

ensure that the state conforms to best practices nationally;

     (2) Propose legislation and recommendations to support the state's full participation in the

NICS Index; and

     (3) Propose legislation and recommendations concerning the form and composition of the

relief from disabilities board based on a review of federal and state laws, rules, and regulations;

and be it further

     RESOLVED, That the Task Force shall review chapter 11-47 of the Rhode Island

General Laws entitled "Weapons" and chapter 40.1-5 of the Rhode Island General Laws entitled

"Mental Health Law" and make recommendations to revise such chapters consistent with this

Joint Resolution, which recommendations shall include, but not be limited to, ensuring (1) The

privacy of information identifying persons with disqualifying behavioral health adjudications or

commitments; and (2) That the definitions used in such chapters related to mental health and

substance abuse (or in contemporaneous legislation proposed by the Task Force) are consistent

before transmitting such recommendations to the Governor, the Speaker of the House, and the

President of the Senate.

     In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu

of a legislator, provided that the majority leader or the minority leader of the political party which

is entitled to the appointment consents to the member of the general public.

     Forthwith upon passage of this resolution, a Representative appointed from the political

party of the Speaker of House and a Senator appointed from the political party of the President of

the Senate shall call the first meeting of the Task Force, and the members of the Task Force shall,

at their first meeting, elect a Chairperson, a Secretary, and any other officers they may find

necessary

     The Task Force shall assemble no less than two (2) times per month, or more often at the

call of the Chairperson or upon petition of a majority of its members, upon written notice of each

meeting stating the place, day, and time of the meeting along with the purpose and/or agenda of

the meeting. The written notice shall be sent to all members of the Task Force not less than seven

(7), nor more than ten (10) days prior to the meeting.

     A quorum of the Task Force shall consist of a majority of its current membership and the

membership shall receive no compensation for their services.

     Vacancies in said Task Force shall be filled in like manner as the original appointment.

     All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said Task Force and its agents as is deemed necessary or desirable

by the Task Force to facilitate the purposes of this resolution.

     The Joint Committee on Legislative Services is hereby authorized and directed to provide

suitable quarters for said Task Force; and be it further

     RESOLVED, That the Task Force shall report its findings and recommendations to the

Governor, the Speaker of the House, and the President of the Senate no later than January 31,

2014, and said Task Force shall expire on June 30, 2014.

     

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LC02272/SUB A

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