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5 | 5 | | 2023 -- H 5785 |
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7 | 7 | | LC001715 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF |
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16 | 16 | | ADMINISTRATION |
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17 | 17 | | Introduced By: Representatives Giraldo, Alzate, Henries, Sanchez, Cruz, Potter, and |
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18 | 18 | | Stewart |
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19 | 19 | | Date Introduced: February 22, 2023 |
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20 | 20 | | Referred To: House State Government & Elections |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department 1 |
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25 | 25 | | of Administration" is hereby amended to read as follows: 2 |
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26 | 26 | | 42-11-2. Powers and duties of department. 3 |
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27 | 27 | | The department of administration shall have the following powers and duties: 4 |
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28 | 28 | | (1) To prepare a budget for the several state departments and agencies, subject to the 5 |
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29 | 29 | | direction and supervision of the governor; 6 |
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30 | 30 | | (2) To administer the budget for all state departments and agencies, except as specifically 7 |
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31 | 31 | | exempted by law; 8 |
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32 | 32 | | (3) To devise, formulate, promulgate, supervise, and control accounting systems, 9 |
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33 | 33 | | procedures, and methods for the state departments and agencies, conforming to such accounting 10 |
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34 | 34 | | standards and methods as are prescribed by law; 11 |
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35 | 35 | | (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and 12 |
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36 | 36 | | services needed by state departments and agencies, except as specifically exempted by law; 13 |
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37 | 37 | | (5) To prescribe standard specifications for those purchases and contracts and to enforce 14 |
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38 | 38 | | compliance with specifications; 15 |
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39 | 39 | | (6) To supervise and control the advertising for bids and awards for state purchases; 16 |
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40 | 40 | | (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus 17 |
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41 | 41 | | and salvage, and the transfer to or between state departments and agencies of needed supplies, 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001715 - Page 2 of 12 |
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45 | 45 | | equipment, and materials; 1 |
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46 | 46 | | (8) To maintain, equip, and keep in repair the state house, state office building, and other 2 |
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47 | 47 | | premises owned or rented by the state for the use of any department or agency, excepting those 3 |
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48 | 48 | | buildings, the control of which is vested by law in some other agency; 4 |
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49 | 49 | | (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and 5 |
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50 | 50 | | property, real and personal; 6 |
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51 | 51 | | (10) To require reports from state agencies on the buildings and property in their custody; 7 |
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52 | 52 | | (11) To issue regulations to govern the protection and custody of the property of the state; 8 |
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53 | 53 | | (12) To assign office and storage space and to rent and lease land and buildings for the use 9 |
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54 | 54 | | of the several state departments and agencies in the manner provided by law; 10 |
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55 | 55 | | (13) To control and supervise the acquisition, operation, maintenance, repair, and 11 |
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56 | 56 | | replacement of state-owned motor vehicles by state agencies; 12 |
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57 | 57 | | (14) To maintain and operate central duplicating and mailing service for the several state 13 |
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58 | 58 | | departments and agencies; 14 |
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59 | 59 | | (15) To furnish the several departments and agencies of the state with other essential office 15 |
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60 | 60 | | services; 16 |
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61 | 61 | | (16) To survey and examine the administration and operation of the state departments and 17 |
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62 | 62 | | agencies, submitting to the governor proposals to secure greater administrative efficiency and 18 |
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63 | 63 | | economy, to minimize the duplication of activities, and to effect a better organization and 19 |
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64 | 64 | | consolidation of functions among state agencies; 20 |
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65 | 65 | | (17) To operate a merit system of personnel administration and personnel management as 21 |
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66 | 66 | | defined in § 36-3-3 in connection with the conditions of employment in all state departments and 22 |
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67 | 67 | | agencies within the classified service; 23 |
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68 | 68 | | (18) To assign or reassign, with the approval of the governor, any functions, duties, or 24 |
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69 | 69 | | powers established by this chapter to any agency within the department; 25 |
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70 | 70 | | (19) To establish, maintain, and operate a data processing center or centers, approve the 26 |
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71 | 71 | | acquisition and use of electronic data processing services by state agencies, furnish staff assistance 27 |
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72 | 72 | | in methods, systems and programming work to other state agencies, and arrange for and effect the 28 |
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73 | 73 | | centralization and consolidation of punch card and electronic data processing equipment and 29 |
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74 | 74 | | services in order to obtain maximum utilization and efficiency; 30 |
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75 | 75 | | (20) To devise, formulate, promulgate, supervise, and control a comprehensive and 31 |
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76 | 76 | | coordinated statewide information system designed to improve the database used in the 32 |
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77 | 77 | | management of public resources, to consult and advise with other state departments and agencies 33 |
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78 | 78 | | and municipalities to assure appropriate and full participation in this system, and to encourage the 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001715 - Page 3 of 12 |
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82 | 82 | | participation of the various municipalities of this state in this system by providing technical or other 1 |
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83 | 83 | | appropriate assistance toward establishing, within those municipalities, compatible information 2 |
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84 | 84 | | systems in order to obtain the maximum effectiveness in the management of public resources; 3 |
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85 | 85 | | (i) The comprehensive and coordinated statewide information system may include a Rhode 4 |
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86 | 86 | | Island geographic information system of land-related economic, physical, cultural and natural 5 |
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87 | 87 | | resources. 6 |
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88 | 88 | | (ii) In order to ensure the continuity of the maintenance and functions of the geographic 7 |
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89 | 89 | | information system, the general assembly may annually appropriate such sum as it may deem 8 |
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90 | 90 | | necessary to the department of administration for its support; 9 |
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91 | 91 | | (21) To administer a statewide planning program including planning assistance to the state 10 |
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92 | 92 | | departments and agencies; 11 |
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93 | 93 | | (22) To administer a statewide program of photography and photographic services; 12 |
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94 | 94 | | (23) To negotiate with public or private educational institutions in the state, in cooperation 13 |
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95 | 95 | | with the department of health, for state support of medical education; 14 |
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96 | 96 | | (24) To promote the expansion of markets for recovered material and to maximize their 15 |
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97 | 97 | | return to productive economic use through the purchase of materials and supplies with recycled 16 |
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98 | 98 | | content by the state of Rhode Island to the fullest extent practically feasible; 17 |
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99 | 99 | | (25) To approve costs as provided in § 23-19-32; 18 |
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100 | 100 | | (26) To provide all necessary civil service tests for child protective investigators and social 19 |
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101 | 101 | | workers at least twice each year and to maintain an adequate hiring list for these positions at all 20 |
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102 | 102 | | times; 21 |
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103 | 103 | | (27)(a) To prepare a report every three (3) months by all current property leases or rentals 22 |
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104 | 104 | | by any state or quasi-state agency to include the following information: 23 |
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105 | 105 | | (i) Name of lessor; 24 |
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106 | 106 | | (ii) Description of the lease (purpose, physical characteristics, and location); 25 |
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107 | 107 | | (iii) Cost of the lease; 26 |
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108 | 108 | | (iv) Amount paid to date; 27 |
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109 | 109 | | (v) Date initiated; 28 |
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110 | 110 | | (vi) Date covered by the lease. 29 |
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111 | 111 | | (b) To prepare a report by October 31, 2014, of all current property owned by the state or 30 |
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112 | 112 | | leased by any state agency or quasi-state agency to include the following information: 31 |
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113 | 113 | | (i) Total square feet for each building or leased space; 32 |
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114 | 114 | | (ii) Total square feet for each building and space utilized as office space currently; 33 |
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115 | 115 | | (iii) Location of each building or leased space; 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001715 - Page 4 of 12 |
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119 | 119 | | (iv) Ratio and listing of buildings owned by the state versus leased; 1 |
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120 | 120 | | (v) Total occupancy costs which shall include capital expenses, provided a proxy should 2 |
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121 | 121 | | be provided to compare properties that are owned versus leased by showing capital expenses on 3 |
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122 | 122 | | owned properties as a per square foot cost at industry depreciation rates; 4 |
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123 | 123 | | (vi) Expiration dates of leases; 5 |
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124 | 124 | | (vii) Number of workstations per building or leased space; 6 |
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125 | 125 | | (viii) Total square feet divided by number of workstations; 7 |
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126 | 126 | | (ix) Total number of vacant workstations; 8 |
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127 | 127 | | (x) Percentage of vacant workstations versus total workstations available; 9 |
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128 | 128 | | (xi) Date when an action is required by the state to renew or terminate a lease; 10 |
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129 | 129 | | (xii) Strategic plan for leases commencing or expiring by June 30, 2016; 11 |
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130 | 130 | | (xiii) Map of all state buildings which provides: cost per square foot to maintain, total 12 |
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131 | 131 | | number of square feet, total operating cost, date each lease expires, number of persons per building 13 |
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132 | 132 | | and total number of vacant seats per building; and 14 |
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133 | 133 | | (xiv) Industry benchmark report which shall include total operating cost by full-time 15 |
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134 | 134 | | equivalent employee, total operating cost by square foot and total square feet divided by full-time 16 |
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135 | 135 | | equivalent employee; 17 |
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136 | 136 | | (28) To prepare a report to the chairs of the house and senate finance committees by 18 |
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137 | 137 | | December 15, 2021, and each year thereafter of all current property owned by the state or leased 19 |
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138 | 138 | | by any state agency or quasi-state agency to include the following information: 20 |
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139 | 139 | | (i) Total square feet for each building or leased space; 21 |
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140 | 140 | | (ii) Total square feet for each building and space utilized as office space currently; 22 |
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141 | 141 | | (iii) Location of each building or leased space; 23 |
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142 | 142 | | (iv) Ratio and listing of buildings owned by the state versus leased; 24 |
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143 | 143 | | (v) Total occupancy costs which shall include capital expenses, provided a proxy should 25 |
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144 | 144 | | be provided to compare properties that are owned versus leased by showing capital expenses on 26 |
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145 | 145 | | owned properties as a per square foot cost at industry depreciation rates; 27 |
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146 | 146 | | (vi) Expiration dates of leases; 28 |
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147 | 147 | | (vii) Number of workstations per building or leased space; 29 |
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148 | 148 | | (viii) Total square feet divided by number of workstations; 30 |
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149 | 149 | | (ix) Total number of vacant workstations; 31 |
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150 | 150 | | (x) Percentage of vacant workstations versus total workstations available; 32 |
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151 | 151 | | (xi) Date when an action is required by the state to renew or terminate a lease; 33 |
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152 | 152 | | (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC001715 - Page 5 of 12 |
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156 | 156 | | subsequent year thereafter; 1 |
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157 | 157 | | (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number 2 |
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158 | 158 | | of square feet, total operating cost, date each lease expires, number of persons per building and 3 |
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159 | 159 | | total number of vacant seats per building; and 4 |
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160 | 160 | | (xiv) Industry benchmark report that shall include total operating cost by full-time 5 |
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161 | 161 | | equivalent employee, total operating cost by square foot and total square feet divided by full-time 6 |
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162 | 162 | | equivalent employee; 7 |
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163 | 163 | | (29) To provide by December 31, 1995, the availability of automatic direct deposit to any 8 |
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164 | 164 | | recipient of a state benefit payment, provided that the agency responsible for making that payment 9 |
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165 | 165 | | generates one thousand (1,000) or more such payments each month; 10 |
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166 | 166 | | (30) To encourage municipalities, school districts, and quasi-public agencies to achieve 11 |
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167 | 167 | | cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or 12 |
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168 | 168 | | by entering into collaborative agreements with other municipalities, districts, or agencies. To assist 13 |
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169 | 169 | | in determining whether the benefit levels including employee cost sharing and unit costs of such 14 |
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170 | 170 | | benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies 15 |
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171 | 171 | | as compared with state benefit levels and costs; and 16 |
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172 | 172 | | (31) To administer a health benefit exchange in accordance with chapter 157 of this title; 17 |
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173 | 173 | | and 18 |
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174 | 174 | | (32) No state agency shall enter into any contracts with the U.S. Immigration and Customs 19 |
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175 | 175 | | Enforcement (ICE) for the purposes of housing and detaining people. 20 |
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176 | 176 | | SECTION 2. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections 21 |
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177 | 177 | | Department" is hereby amended to read as follows: 22 |
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178 | 178 | | 42-56-10. Powers of the director. 23 |
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179 | 179 | | In addition to exercising the powers and performing the duties, which are otherwise given 24 |
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180 | 180 | | to him or her by law, the director of the department of corrections shall: 25 |
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181 | 181 | | (1) Designate, establish, maintain, and administer those state correctional facilities that he 26 |
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182 | 182 | | or she deems necessary, and may discontinue the use of those state correctional facilities that he or 27 |
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183 | 183 | | she deems appropriate for that action; 28 |
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184 | 184 | | (2) Maintain security, safety, and order at all state correctional facilities, utilize the 29 |
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185 | 185 | | resources of the department to prevent escapes from any state correctional facility, take all 30 |
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186 | 186 | | necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of 31 |
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187 | 187 | | any state correctional facility, including, but not limited to, the development, planning, and 32 |
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188 | 188 | | coordination of emergency riot procedures, and take suitable measures for the restoration of order; 33 |
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189 | 189 | | (3) Establish and enforce standards for all state correctional facilities; 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC001715 - Page 6 of 12 |
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193 | 193 | | (4) Supervise and/or approve the administration by the assistant directors of the 1 |
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194 | 194 | | department; 2 |
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195 | 195 | | (5) Manage, direct, and supervise the operations of the department; 3 |
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196 | 196 | | (6) Direct employees in the performance of their official duties; 4 |
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197 | 197 | | (7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge, 5 |
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198 | 198 | | or take other necessary disciplinary action; 6 |
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199 | 199 | | (8) Maintain the efficiency of the operations of the department; 7 |
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200 | 200 | | (9) Determine the methods, means, and personnel by which those operations of the 8 |
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201 | 201 | | department are to be conducted; 9 |
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202 | 202 | | (10) Relieve employees from duties because of lack of work or for other legitimate reasons; 10 |
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203 | 203 | | (11) Establish, maintain, and administer programs, including, but not limited to, education, 11 |
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204 | 204 | | training, and employment, of persons committed to the custody of the department, designed as far 12 |
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205 | 205 | | as practicable to prepare and assist each person to assume the responsibilities and exercise the rights 13 |
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206 | 206 | | of a citizen of this state; 14 |
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207 | 207 | | (12) Establish a system of classification of persons committed to the custody of the 15 |
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208 | 208 | | department for the purpose of developing programs for each person in order to effectively develop 16 |
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209 | 209 | | an individualized program for each sentenced inmate that will address each offender’s individual 17 |
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210 | 210 | | treatment and rehabilitative needs, the department of corrections is authorized to receive, with the 18 |
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211 | 211 | | express consent of the inmate, and upon request to the department of children, youth and families, 19 |
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212 | 212 | | the offender’s juvenile arrest and/or adjudication records. Information related to the juvenile’s 20 |
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213 | 213 | | family members and other third parties, excluding law enforcement personnel, shall be redacted 21 |
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214 | 214 | | from the records provided prior to their release to the department. The records will be disclosed to 22 |
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215 | 215 | | only those department personnel directly responsible for, and only for the purpose of, developing 23 |
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216 | 216 | | the individualized program for the offender; 24 |
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217 | 217 | | (13) Determine at the time of commitment, and from time to time thereafter, the custody 25 |
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218 | 218 | | requirements and program needs of each person committed to the custody of the department and 26 |
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219 | 219 | | assign or transfer those persons to appropriate facilities and programs; 27 |
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220 | 220 | | (14) Establish training programs for employees of the department, including the use of an 28 |
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221 | 221 | | application system for the department’s correctional officer training academy that leverages other 29 |
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222 | 222 | | law enforcement entity recruiting and the establishment of any fee associated with such system, 30 |
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223 | 223 | | provided that a state application process compliant with § 28-6.3-1 also be provided; 31 |
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224 | 224 | | (15) Investigate grievances and inquire into alleged misconduct within the department; 32 |
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225 | 225 | | (16) Maintain adequate records of persons committed to the custody of the department; 33 |
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226 | 226 | | (17) Establish and maintain programs of research, statistics, and planning, and conduct 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC001715 - Page 7 of 12 |
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230 | 230 | | studies relating to correctional programs and responsibilities of the department; 1 |
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231 | 231 | | (18) Utilize, as far as practicable, the services and resources of specialized community 2 |
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232 | 232 | | agencies and other local community groups in the development of programs, recruitment of 3 |
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233 | 233 | | volunteers, and dissemination of information regarding the work and needs of the department; 4 |
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234 | 234 | | (19) Make and enter into any contracts and agreements necessary or incidental to the 5 |
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235 | 235 | | performance of the duties and execution of the powers of the department, including, but not limited 6 |
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236 | 236 | | to, contracts to render services to committed offenders, and to provide for training or education for 7 |
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237 | 237 | | correctional officers and staff, except that no contracts shall be entered into with a private, for-8 |
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238 | 238 | | profit prison facility, or with the U.S. Immigration and Customs Enforcement (ICE) for the 9 |
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239 | 239 | | purposes of housing and detaining people; 10 |
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240 | 240 | | (20) Seek to develop civic interest in the work of the department and educate the public to 11 |
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241 | 241 | | the needs and goals of the corrections process; 12 |
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242 | 242 | | (21) Expend annually in the exercise of his or her powers, performance of his or her duties, 13 |
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243 | 243 | | and for the necessary operations of the department those sums that may be appropriated by the 14 |
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244 | 244 | | general assembly; 15 |
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245 | 245 | | (22) Make and promulgate necessary rules and regulations incident to the exercise of his 16 |
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246 | 246 | | or her powers and the performance of his or her duties, including, but not limited to, rules and 17 |
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247 | 247 | | regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, 18 |
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248 | 248 | | communication, and visiting privileges, classification, education, training, employment, care, and 19 |
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249 | 249 | | custody for all persons committed to correctional facilities; 20 |
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250 | 250 | | (23) Make and promulgate regulations to provide: 21 |
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251 | 251 | | (a) Written notice to licensed nursing facilities, licensed assisted-living residences, and 22 |
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252 | 252 | | housing for the elderly whenever a person seeking to reside in one of these facilities or residences 23 |
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253 | 253 | | is being released on parole for any of the following offenses: murder, voluntary manslaughter, 24 |
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254 | 254 | | involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree 25 |
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255 | 255 | | sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit 26 |
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256 | 256 | | specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or 27 |
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257 | 257 | | mistreatment of patients, burglary, first degree arson, felony larceny, or robbery; 28 |
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258 | 258 | | (b) A risk assessment process to identify and recommend safety or security measures 29 |
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259 | 259 | | necessary for the protection of other residents or clients, including whether the parolee should be 30 |
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260 | 260 | | prohibited from residing in any such facility or residence or segregated from other residents or 31 |
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261 | 261 | | clients to protect the security and safety of other residents; 32 |
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262 | 262 | | (c) The written notice to licensed nursing facilities, assisted living residences, or housing 33 |
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263 | 263 | | for the elderly shall include charge information and disposition about the offense for which the 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC001715 - Page 8 of 12 |
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267 | 267 | | resident or client has been paroled, contact information for the resident’s or client’s parole 1 |
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268 | 268 | | supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and 2 |
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269 | 269 | | security measures. A copy of the written notice shall be provided to the parolee; and 3 |
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270 | 270 | | (d) A process for notifying the appropriate state regulatory agency and the state long-term 4 |
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271 | 271 | | care ombudsman whenever notice as required in subsection (23)(a) of this section has been given; 5 |
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272 | 272 | | (24) Notwithstanding the enumeration of the powers of the director as set forth in this 6 |
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273 | 273 | | section, and notwithstanding any other provision of the general laws, the validity and enforceability 7 |
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274 | 274 | | of the provisions of a collective bargaining agreement shall not be contested, affected, or 8 |
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275 | 275 | | diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an 9 |
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276 | 276 | | alleged conflict with this section or with any other provision of the general laws. 10 |
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277 | 277 | | SECTION 3. Section 45-2-4 of the General Laws in Chapter 45-2 entitled "General 11 |
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278 | 278 | | Powers" is hereby amended to read as follows: 12 |
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279 | 279 | | 45-2-4. Power to own property and make contracts. 13 |
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280 | 280 | | Cities and towns may take, purchase, and hold real and personal property, and alienate and 14 |
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281 | 281 | | convey the property; and may also take, hold, and manage the property in trust for any charitable, 15 |
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282 | 282 | | other than religious, uses, and may make all contracts, including lease or lease-purchase agreements 16 |
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283 | 283 | | of real and personal property, necessary and convenient for the transaction of the business of the 17 |
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284 | 284 | | city or town except that no contracts shall be entered into with the U.S. Immigration and Customs 18 |
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285 | 285 | | Enforcement (ICE) for the purposes of housing and detaining people. 19 |
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286 | 286 | | SECTION 4. Section 45-54-6 of the General Laws in Chapter 45-54 entitled "Municipal 20 |
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287 | 287 | | Detention Facility Corporations" is hereby amended to read as follows: 21 |
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288 | 288 | | 45-54-6. Powers. 22 |
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289 | 289 | | Except to the extent inconsistent with any specific provision of this chapter, the corporation 23 |
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290 | 290 | | has the power: 24 |
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291 | 291 | | (1) To sue and be sued, complain, and defend in its corporate name; 25 |
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292 | 292 | | (2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a 26 |
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293 | 293 | | facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly 27 |
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294 | 294 | | distinguishable from the seal of any city or town; 28 |
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295 | 295 | | (3) To maintain an office at a place or places that it may designate within the boundaries 29 |
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296 | 296 | | of the city or town whose council established the corporation; 30 |
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297 | 297 | | (4) To determine the location and character of any project to be financed under the 31 |
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298 | 298 | | provisions of this chapter, not inconsistent with local zoning ordinances; 32 |
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299 | 299 | | (5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, 33 |
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300 | 300 | | or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC001715 - Page 9 of 12 |
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304 | 304 | | mortgage, lease, or sell any of that property; 1 |
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305 | 305 | | (6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, 2 |
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306 | 306 | | reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, 3 |
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307 | 307 | | including all real, personal, or mixed properties which it may deem necessary in connection with 4 |
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308 | 308 | | that, and regardless of whether or not the project or projects shall then be in existence or shall then 5 |
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309 | 309 | | be partially or wholly constructed; 6 |
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310 | 310 | | (7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or 7 |
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311 | 311 | | private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease 8 |
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312 | 312 | | upon the failure of the lessee to comply with any of the obligations of the lease; 9 |
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313 | 313 | | (8) To lease, as lessee, any property, real, personal or mixed, or any interest in property; 10 |
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314 | 314 | | (9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever 11 |
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315 | 315 | | it finds an action to be in furtherance of the purposes for which the corporation was established; 12 |
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316 | 316 | | (10) To grant options to purchase any of its projects on whatever terms it may deem 13 |
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317 | 317 | | advisable, and to grant options to renew any leases entered into by it in connection with any of its 14 |
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318 | 318 | | projects on any terms it may deem advisable; 15 |
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319 | 319 | | (11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, 16 |
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320 | 320 | | payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, 17 |
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321 | 321 | | all as provided in this chapter; 18 |
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322 | 322 | | (12) As security for the payment of the principal and interest on any bonds so issued and 19 |
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323 | 323 | | any agreements made in connection with that, to mortgage and pledge any or all of its projects, or 20 |
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324 | 324 | | any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and 21 |
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325 | 325 | | receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of 22 |
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326 | 326 | | the lease or leases; 23 |
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327 | 327 | | (13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and 24 |
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328 | 328 | | to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized 25 |
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329 | 329 | | by resolution of the corporation; 26 |
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330 | 330 | | (14) To make and enter into all contracts, leases, and other agreements necessary or 27 |
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331 | 331 | | incidental to the performance of its duties and the execution of its powers under this chapter; 28 |
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332 | 332 | | provided, that those contracts, leases, and other agreements with the federal government or other 29 |
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333 | 333 | | federal agency are governed by federal procurement procedures, and other contracts, leases, or 30 |
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334 | 334 | | other agreements are governed by the procurement requirements of the municipality, if any.; and, 31 |
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335 | 335 | | provided further, that no contract shall be entered into with a private, for-profit prison facility or 32 |
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336 | 336 | | with the U.S. Immigration and Customs Enforcement (ICE) for the purposes of housing and 33 |
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337 | 337 | | detaining people; 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC001715 - Page 10 of 12 |
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341 | 341 | | (15) Without limitation of the preceding, to borrow money from, to receive and accept 1 |
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342 | 342 | | grants for or in aid of construction or acquisition of projects authorized under this chapter from, 2 |
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343 | 343 | | and to enter into contracts, leases, or other transactions with, the federal government or any federal 3 |
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344 | 344 | | agency; and to receive and accept from the state or any municipality, and from any other source, 4 |
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345 | 345 | | aid or contributions of money, property, labor, or other things of value; to be held, used, and applied 5 |
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346 | 346 | | only for the purposes for which the grants and contributions may be made; 6 |
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347 | 347 | | (16) To combine for financing purposes any two (2) or more projects authorized to be 7 |
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348 | 348 | | acquired or constructed under the provisions of this chapter; 8 |
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349 | 349 | | (17) To employ, in its discretion, attorneys, accountants, architectural and engineering 9 |
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350 | 350 | | consultants, and other officers, employees, or agents as may be necessary in its judgment, and to 10 |
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351 | 351 | | fix their compensation; 11 |
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352 | 352 | | (18) To acquire in the name of the corporation by purchase or otherwise, on terms and 12 |
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353 | 353 | | conditions and in the manner that it may deem proper, or by the exercise of the rights of 13 |
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354 | 354 | | condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or 14 |
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355 | 355 | | rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary 15 |
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356 | 356 | | for carrying out the provisions of this chapter; provided, that all public property damaged in 16 |
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357 | 357 | | carrying out the powers granted by this chapter is restored or repaired and placed in its original 17 |
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358 | 358 | | condition as nearly as practicable; 18 |
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359 | 359 | | (19) To do all other acts and to do any and all things necessary or convenient to carry out 19 |
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360 | 360 | | its purposes and exercise the powers given and granted in this chapter; 20 |
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361 | 361 | | (20) To provide for the care, custody, control and transportation of all detainees or inmates 21 |
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362 | 362 | | committed to detention or incarceration at any project and to take all necessary steps to maintain 22 |
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363 | 363 | | security, safety and order, to prevent escapes from any project, to take all necessary precautions to 23 |
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364 | 364 | | prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but 24 |
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365 | 365 | | not limited to, the development, planning and coordination of emergency riot procedures, and take 25 |
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366 | 366 | | suitable measures for the restoration of order; 26 |
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367 | 367 | | (21) To establish and enforce standards for each project; 27 |
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368 | 368 | | (22) To establish and fund training and education programs for employees, under the 28 |
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369 | 369 | | direction of the warden, the curriculum for which to be approved annually by the police officers’ 29 |
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370 | 370 | | commission on standards and training, and to hire, promote, transfer, assign, and retain employees 30 |
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371 | 371 | | for the operation of each project and suspend, demote, discharge, or take other necessary 31 |
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372 | 372 | | disciplinary action with regard to such employees; 32 |
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373 | 373 | | (23) To determine the methods, means, and personnel by which the operation of each 33 |
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374 | 374 | | project is to be conducted; 34 |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LC001715 - Page 11 of 12 |
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378 | 378 | | (24) To relieve employees of duty because of lack of work or for other legitimate reasons; 1 |
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379 | 379 | | (25) To investigate grievances of its employees and to inquire into alleged misconduct by 2 |
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380 | 380 | | employees; 3 |
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381 | 381 | | (26) To make and promulgate necessary rules and regulations incident to the corporation’s 4 |
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382 | 382 | | exercise of its powers and the performance of the corporation’s duties, including, but not limited 5 |
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383 | 383 | | to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious 6 |
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384 | 384 | | services, communication and visiting privileges, classification, education, training, employment, 7 |
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385 | 385 | | care, and custody for all persons detained at any project; and 8 |
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386 | 386 | | (27) To delegate any or all of the above referenced powers to its duly designated agents, 9 |
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387 | 387 | | servants, consultants or employees at its discretion, who being so designated may exercise said 10 |
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388 | 388 | | power(s) on behalf of the corporation. 11 |
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389 | 389 | | SECTION 5. This act shall take effect upon passage. 12 |
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390 | 390 | | ======== |
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391 | 391 | | LC001715 |
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392 | 392 | | ======== |
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393 | 393 | | |
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394 | 394 | | |
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395 | 395 | | LC001715 - Page 12 of 12 |
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396 | 396 | | EXPLANATION |
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397 | 397 | | BY THE LEGISLATIVE COUNCIL |
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398 | 398 | | OF |
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399 | 399 | | A N A C T |
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400 | 400 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF |
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401 | 401 | | ADMINISTRATION |
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402 | 402 | | *** |
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403 | 403 | | This act would prohibit contracts with private, for-profit prison facilities or with the U.S. 1 |
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404 | 404 | | Immigration and Customs Enforcement (ICE) for the purposes of housing and detaining people. 2 |
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405 | 405 | | This act would take effect upon passage. 3 |
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406 | 406 | | ======== |
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407 | 407 | | LC001715 |
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408 | 408 | | ======== |
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