2006 -- S 2140

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LC00401

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO SEPARATION OF POWERS

     Introduced By: Senators Lenihan, Metts, Damiani, Bates, and Breene

     Date Introduced: January 24, 2006

     Referred To: Senate Government Oversight

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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modality.

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

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

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

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Island Association of the Deaf;

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

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

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or hard of hearing child;

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

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section 5-71-12; and

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

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

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

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      (c) Initially:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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among its members such others officers as it deems necessary.

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

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vote of those present shall be required for action.

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

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

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

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

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

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

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

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

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

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this chapter.

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

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necessary for the orderly dispatch of business.

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

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

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

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

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

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

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

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

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inspection.

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

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inspection and may be changed as the board deems necessary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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calendar year.

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

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

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Licensure and examinations shall commence after January 1, 1998.

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

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

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

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prescribed by this chapter.

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

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

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

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

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

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

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regulations. The director of the department of administration shall, within ninety (90) days of the

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effective date of this act, prepare and disseminate training materials relating to the provisions of

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chapters 42-46, 36-14, and 38-2.

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     (m) Within ninety (90) days after the end of each fiscal year, the board shall approve and

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submit an annual report to the governor, the speaker of the house of representatives, the president

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of the senate, and the secretary of state of its activities during that fiscal year. The report shall

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provide: an operating statement summarizing meetings or hearings held, including meeting

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minutes, subjects addressed, decisions rendered, licenses considered and their dispositions, rules

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or regulations promulgated, studies conducted, policies and plans developed, approved or

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modified, and programs administered or initiated; a consolidated financial statement of all funds

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received and expended including the source of the funds, a listing of any staff supported by these

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funds, and a summary of any clerical, administrative or technical support received; a summary of

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performance during the previous fiscal year including accomplishments, shortcomings and

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remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the

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authority of the board; a summary of any training courses held pursuant to the provisions of

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subdivision 5-71-5(1); a briefing on anticipated activities in the upcoming fiscal year; and

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findings and recommendations for improvements. The report shall be posted electronically on the

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general assembly and the secretary of state's websites as prescribed in section 42-20-8.2. The

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director of the department of administration shall be responsible for the enforcement of this

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provision.

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

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

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read as follows:

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

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

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

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

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

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resource sharing.

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

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

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

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

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

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librarians; school library media specialists;

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      (ii) Librarians serving people who are institutionalized;

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

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

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libraries, and academic librarians.

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

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

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

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

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

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other officers as it deems necessary.

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

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allowed travel expenses related to attendance at board meetings.

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

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of this state.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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terms.

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

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

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

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

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any library.

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

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

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

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

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

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

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possible;

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

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

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

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

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and information services in the light of these objectives;

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

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

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

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

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

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

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

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

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States department of education;

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

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

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

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

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

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

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

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

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and interlibrary cooperation and resource sharing;

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

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cooperation and resource sharing;

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

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interlibrary cooperation and resource sharing; and

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

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information officer;

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

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

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

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deem advisable;

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

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

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

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

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ninety (90) days after the end of each fiscal year, an annual report to the governor, the speaker of

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the house of representatives, the president of the senate, and the secretary of state of its activities

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during that fiscal year. The report shall provide: an operating statement summarizing meetings or

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hearings held, and meeting minutes subjects addressed, decisions rendered, rules or regulations

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promulgated, studies conducted, policies and plans developed, approved or modified, and

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programs administered or initiated; a consolidated financial statement of all funds received and

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expended including the source of the funds, a listing of any staff supported by these funds and a

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summary of any clerical, administrative or technical support received; a summary of performance

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during the previous fiscal year including accomplishments, shortcomings and remedies; a

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synopsis of hearings, complaints, suspensions or other legal matters related to authority of the

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

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briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations

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for improvements. The report shall be posted electronically on the general assembly and secretary

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of state's websites as prescribed in section 42-20-8.2. The director of the department of

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administration shall be responsible for the enforcement of the provisions of this subsection.

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

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

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board, approved by the board, and conducted by the chair of the board. The board may approve

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the use of any board or staff members or other individuals to assist with training. The training

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course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14,

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and 38-2; and the board's rules and regulations. The director of the department of administration

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shall, within ninety (90) days of the effective date of this act, prepare and disseminate training

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materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

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

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

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

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

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

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

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

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

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

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

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

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

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of volunteer or call personnel.

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

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

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compensation.

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

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      (5) Rhode Island department of environmental management.

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      (6) Rhode Island fire safety association.

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      (7) Rhode Island state firefighter's league.

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

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

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     (8) Rhode Island association of firefighters.

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     (9) Regional firefighters leagues.

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

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member.

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

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officio members.

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

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

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

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

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

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

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

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

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

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shall not constitute a full term.

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

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

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eligible for appointment.

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

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

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

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

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same amount per mile approved for state employees.

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

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

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

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

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      (i) The board shall:

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

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

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be established by the board.

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

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applicable NFPA standards used to produce training and education courses.

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

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standards.

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

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

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programs.

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     (7) Within ninety (90) days after the end of each fiscal year, approve and submit an

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annual report to the governor, the speaker of the house of representatives, the president of the

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senate, and the secretary of state of its activities during that fiscal year. The report shall provide:

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an operating statement summarizing meetings or hearing held, including meeting minutes,

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subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted,

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policies and plans developed, approved or modified and programs administered or initiated; a

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consolidated financial statement of all funds received and expended including the source of the

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funds, a listing of any staff supported by these funds, and a summary of any clerical,

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administrative or technical support received; a summary of performance during the previous

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fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,

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complaints, suspensions, or other legal matters related to the authority of the council; a summary

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of any training courses held pursuant to the provisions of this section; a briefing on anticipated

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activities in the upcoming fiscal year and findings and recommendations for improvements. The

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report shall be posted electronically on the general assembly and secretary of state's websites as

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prescribed in section 42-20-8.2. The director of the department of administration shall be

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responsible for the enforcement of the provisions of this subsection.

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     (8) Conduct a training course for newly appointed and qualified members within six (6)

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

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board, approved by the board, and conducted by the chair of the board. The board may approve

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the use of any board or staff members or other individuals to assist with training. The training

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course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14,

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and 38-2; and the commission's rules and regulations. The director of the department of

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administration shall, within ninety (90) days of the effective date of this act, prepare and

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disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

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

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

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

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

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

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administrator within the fire education and training unit.

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

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members.

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

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

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

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

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Advocate Office" is hereby amended to read as follows:

11-14

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

11-15

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

11-16

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

11-17

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

11-18

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

11-19

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

11-20

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

11-21

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

11-22

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

11-23

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

11-24

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

11-25

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

11-26

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

11-27

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

11-28

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

11-29

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

11-30

office until his or her successor is appointed and qualified.

11-31

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

11-32

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

11-33

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

11-34

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

12-1

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

12-2

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

12-3

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

12-4

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

12-5

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

12-6

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

12-7

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

12-8

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

12-9

senate; and

12-10

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

12-11

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

12-12

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

12-13

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

12-14

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

12-15

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

12-16

nominate seven (7) new members as follows:

12-17

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

12-18

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

12-19

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

12-20

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

12-21

terms.

12-22

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

12-23

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

12-24

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

12-25

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

12-26

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

12-27

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

12-28

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

12-29

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

12-30

     (g) Within ninety (90) days after the end of each fiscal year, the commission shall

12-31

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

12-32

the president of the senate, and the secretary of state of its activities during that fiscal year. The

12-33

report shall provide: an operating statement summarizing meetings or hearings held, including

12-34

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

13-1

disposition, rules or regulations promulgated, studies conducted, policies and plans developed,

13-2

approved or modified and programs administered or initiated; a consolidated financial statement

13-3

of all funds received and expended including the source of the funds, a listing of any staff

13-4

supported by these funds and a summary of any clerical, administrative or technical support

13-5

received; a summary of performance during the previous fiscal year including accomplishments,

13-6

shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters

13-7

related to the authority of the commission; a summary of any training courses held pursuant to the

13-8

provisions of this section; a briefing on anticipated activities in the upcoming fiscal year; and

13-9

findings and recommendations for improvements. The report shall be posted electronically on the

13-10

general assembly and secretary of state's websites as prescribed in section 42-20-8.2. The director

13-11

of the department of administration shall be responsible for the enforcement of the provisions of

13-12

this subsection.

13-13

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

13-14

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

13-15

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

13-16

commission may approve the use of any commission or staff members or other individuals o

13-17

assist with training. The training course shall include instruction in the following areas: the

13-18

provisions of chapters 42-46, 36-14, and 38-2; and the commission's rules and regulations. The

13-19

director of the department of administration shall, within ninety (90) days of the effective date of

13-20

this act, prepare and disseminate training material relating to the provisions of chapters 42-46, 36-

13-21

14, and 38-2.

13-22

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

13-23

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

13-24

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

13-25

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

13-26

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

13-27

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

13-28

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

13-29

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

13-30

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

13-31

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

13-32

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

13-33

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

13-34

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

14-1

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

14-2

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

14-3

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

14-4

current terms.

14-5

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

14-6

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

14-7

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

14-8

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

14-9

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

14-10

the committee shall be eligible to succeed themselves.

14-11

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

14-12

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

14-13

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

14-14

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

14-15

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

14-16

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

14-17

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

14-18

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

14-19

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

14-20

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

14-21

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

14-22

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

14-23

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

14-24

president of the senate, and the secretary of state of its activities during that fiscal year. The report

14-25

shall provide: an operating statement summarizing meetings or hearings held, including meeting

14-26

minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies

14-27

conducted, policies and plans developed, approved or modified, and programs administered or

14-28

initiated; a consolidated financial statement of all funds received and expended including the

14-29

source of the funds, a listing of any staff supported by these funds and a summary of any clerical,

14-30

administrative or technical support received; a summary of performance during the previous

14-31

fiscal year including accomplishments, shortcomings and remedies; a summary of any training

14-32

courses held pursuant to the provisions of this section; a briefing on anticipated activities in the

14-33

upcoming fiscal year; and findings and recommendations for improvements. The report shall be

14-34

posted electronically on the general assembly and secretary of state's website as prescribed in

15-1

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

15-2

enforcement of the provisions of this subsection.

15-3

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

15-4

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

15-5

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

15-6

of the committee. The committee may approve the use of any committee or staff members or

15-7

other individuals to assist with training. The training course shall include instruction in the

15-8

following areas: the provisions of chapters 42-46, 36-14, and 38-2; and the committee's rules and

15-9

regulations. The director of the department of administration shall, within ninety (90) days of the

15-10

effective date of this act, prepare and disseminate training materials relating to the provisions of

15-11

chapters 42-46, 36-14, and 38-2.

15-12

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

15-13

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

15-14

to read as follows:

15-15

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

15-16

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

15-17

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

15-18

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

15-19

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

15-20

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

15-21

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

15-22

one of the public members as chairperson of the authority.

15-23

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

15-24

of those present and voting shall be required for action.

15-25

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

15-26

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

15-27

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

15-28

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

15-29

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

15-30

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

15-31

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

15-32

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

15-33

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

15-34

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

16-1

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

16-2

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

16-3

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

16-4

necessary.

16-5

     (b) The public members of the authority shall receive compensation in the amount of fifty

16-6

dollars ($50.00) for each day of actual service in attending meetings or duly organized

16-7

subcommittee meetings of the authority at which business is transacted; provided, that the

16-8

compensation in any one year shall not exceed the sum of three thousand dollars ($3,000) per

16-9

member.

16-10

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

16-11

services but shall be allowed their travel and necessary expenses. The chairperson of the authority

16-12

shall receive seventy-five dollars ($75.00) for each day of actual service in attending meetings of

16-13

the board at which business is transacted; provided, that he or she shall not receive more than four

16-14

thousand five hundred dollars ($4,500) in any one year.

16-15

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

16-16

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

16-17

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

16-18

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

16-19

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

16-20

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

16-21

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

16-22

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

16-23

broadcasting stations, one or more public broadcasting and public broadcasting

16-24

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

16-25

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

16-26

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

16-27

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

16-28

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

16-29

appropriate to achieve the authorized purposes of the authority;

16-30

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

16-31

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

16-32

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

16-33

and without the state;

16-34

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

17-1

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

17-2

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

17-3

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

17-4

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

17-5

with the rules and regulations of the federal communications commission;

17-6

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

17-7

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

17-8

issues;

17-9

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

17-10

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

17-11

broadcasting telecommunications equipment and facilities;

17-12

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

17-13

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

17-14

broadcasting telecommunications operations, facilities, and programming consistent with

17-15

furthering the purposes of the authority;

17-16

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

17-17

federal funds and providing public broadcasting and public broadcasting telecommunications

17-18

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

17-19

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

17-20

matters;

17-21

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

17-22

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

17-23

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

17-24

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

17-25

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

17-26

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

17-27

noncommercial television and radio stations;

17-28

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

17-29

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

17-30

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

17-31

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

17-32

television and radio stations;

17-33

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

17-34

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

18-1

public broadcasting telecommunications purposes;

18-2

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

18-3

maintenance, and operations of public broadcasting and public broadcasting telecommunications

18-4

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

18-5

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

18-6

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

18-7

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

18-8

contracts with agencies, companies, organizations, and individuals;

18-9

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

18-10

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

18-11

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

18-12

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

18-13

may approve the use of any authority or staff members or other individuals to assist with training.

18-14

The training course shall include instruction in the following areas: the provisions of chapters 42-

18-15

46, 36-14, and 38-2; and the committee's rules and regulations. The director of the department of

18-16

administration shall, within ninety (90) days of the effective date of this act, prepare and

18-17

disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

18-18

      (b) In carrying out its powers and duties under this section, the authority shall be

18-19

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

18-20

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

18-21

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

18-22

February of each year a report of its activities for the preceding fiscal year, and the report shall set

18-23

forth a complete operating and financial statement covering the authority's operations and the

18-24

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

18-25

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

18-26

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

18-27

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

18-28

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

18-29

including meeting minutes, subjects addressed, decisions rendered, rules or regulations

18-30

promulgated, studies conducted, policies and plans developed, approved or modified, and

18-31

programs administered or initiated; a consolidated financial statement of all funds received and

18-32

expended including the source of the funds, a listing of any staff supported by these funds and a

18-33

summary of any clerical, administrative or technical support received; a summary of performance

18-34

during the previous fiscal year including accomplishments, shortcomings and remedies; a

19-1

synopsis of hearings, complaints, suspensions or other legal matters related to the authority; a

19-2

summary of any training courses held pursuant to the provisions of this chapter; a briefing on

19-3

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

19-4

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

19-5

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

19-6

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

19-7

electronically on the general assembly's and secretary of state's websites as prescribed in section

19-8

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

19-9

enforcement of this provision.

19-10

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

19-11

person to circumstances is held invalid, such invalidity shall not affect other provisions or

19-12

applications of the act, which can be given effect without the invalid provision or application, and

19-13

to this end the provisions of this act are declared to be severable.

19-14

     SECTION 9. This act shall take effect upon passage.

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LC00401

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO SEPARATION OF POWERS

***

20-1

     This act would remove legislators and legislative appointees from certain boards and

20-2

commissions in accord with the recent amendments to the state constitution.

20-3

     This act would take effect upon passage.

=======

LC00401

=======