2023 -- S 0378
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LC000884
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE
GOVERNMENT
Introduced By: Senators Gallo, Goodwin, Pearson, DiPalma, F. Lombardi, Felag, Euer,
Miller, and Sosnowski
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 42-6-1, 42-6-2, 42-6-3 and 42-6-4 of the General Laws in Chapter 1
42-6 entitled "Departments of State Government" are hereby amended to read as follows: 2
42-6-1. Enumeration of departments. 3
All the administrative powers and duties heretofore vested by law in the several state 4
departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the 5
following departments and other agencies that are specified in this title: 6
(a) Executive department (chapter 7 of this title); 7
(b) Department of state (chapter 8 of this title); 8
(c) Department of the attorney general (chapter 9 of this title); 9
(d) Treasury department (chapter 10 of this title); 10
(e) Department of administration (chapter 11 of this title); 11
(f) Department of business regulation (chapter 14 of this title); 12
(g) Department of children, youth and families (chapter 72 of this title); 13
(h) Department of corrections (chapter 56 of this title); 14
(i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12]; 15
(j) Department of elementary and secondary education (chapter 60 of title 16); 16
(k) Department of environmental management (chapter 17.1 of this title); 17
(l) Department of health (chapter 18 of this title); 18
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(m) Board of governors for higher education (chapter 59 of title 16); 1
(n) Department of labor and training (chapter 16.1 of this title); 2
(o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter 3
12.1 of this title); 4
(p) Department of human services (chapter 12 of this title); 5
(q) Department of transportation (chapter 13 of this title); 6
(r) Public utilities commission (chapter 14.3 of this title); 7
(s) Department of revenue (chapter 142 of this title); 8
(t) Department of public safety (chapter 7.3 of this title). 9
(u) Executive office of commerce (chapter 64.19 of this title); and 10
(v) Executive office of health and human services (chapter 7.2 of this title). 11
(w) Department of housing (chapter 64.34 of this title). 12
42-6-2. Heads of departments. Heads of departments, executive offices, and 13
commissioners of education. 14
The governor, secretary of state, attorney general, and general treasurer, hereinafter called 15
general officers, shall each be in charge of a department. There shall also be a director of 16
administration, a director of revenue, a director of public safety, a director of human services, a 17
director of behavioral healthcare, developmental disabilities and hospitals, a director of 18
transportation, a director of business regulation, a director of labor and training, a director of 19
environmental management, a director for children, youth and families, and a director of 20
corrections, a secretary of the executive office of health and human services, a secretary of 21
commerce of the executive office of commerce, the commissioners of elementary and secondary 22
education and postsecondary education, and a secretary of housing. Each director, secretary, and 23
commissioner shall hold office at the pleasure of the governor and he or she shall serve until his or 24
her successor is duly appointed and qualified unless the director, secretary, or commissioner is 25
removed from office by special order of the governor. 26
42-6-3. Appointment of directors. Appointment of directors, secretaries of executive 27
offices, and commissioners of education. 28
(a) At the January session following his or her election to office, the governor shall appoint 29
a director of administration, a director of revenue, a director of public safety, a director of human 30
services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of 31
transportation, a director of business regulation, a director of labor and training, a director of 32
environmental management, a director for children, youth and families, and a director of 33
corrections, a secretary of the executive office of health and human services, a secretary of 34
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commerce, the commissioners of elementary and secondary education and postsecondary education 1
and a secretary of housing. The governor shall, in all cases of appointment of a director, secretary, 2
or commissioner, while the senate is in session, notify the senate of his or her appointment and the 3
senate shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment. 4
If the senate shall, within sixty (60) legislative days, vote to disapprove the appointment, it shall so 5
notify the governor, who shall forthwith appoint and notify the senate of the appointment of a 6
different person as director, secretary, or commissioner, and so on in like manner until the senate 7
shall fail to so vote disapproval of the governor’s appointment. If the senate shall fail, for sixty (60) 8
legislative days next after notice, to act upon any appointment of which it has been notified by the 9
governor, the person so appointed shall be the director, secretary, or commissioner. The governor 10
may withdraw any appointment of which he or she has given notice to the senate, at any time within 11
sixty (60) legislative days thereafter and before action has been taken thereon by the senate. 12
(b) Except as expressly provided in § 42-6-9, and except that the governor may enter into 13
a contract of employment for a director of the department of children, youth and families for a 14
period of time up to three (3) years, no director, secretary, or commissioner, of any department 15
shall be appointed or employed pursuant to any contract of employment for a period of time greater 16
than the remainder of the governor’s current term of office. Any contract entered into in violation 17
of this section after July 1, 1994, is hereby declared null and void. 18
42-6-4. Filling of vacancies. 19
(a) In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in session, 20
the governor shall appoint a director, secretary, or commissioner, to hold the office until his or her 21
successor is appointed and qualified in the same manner as provided in § 42-6-3; provided, 22
however, that no person so appointed to hold the office until his or her successor is appointed and 23
qualified shall serve in such position for more than ten (10) days unless that person’s name shall 24
have been submitted to the senate for its approval. 25
(b) In case of a vacancy while the senate is not in session, the governor shall appoint a 26
director, secretary, or commissioner to hold the office until the next session thereof; provided, 27
however, that no person should serve in such position for more than three (3) legislative days after 28
the senate convenes unless that person’s name shall have been submitted to the senate for its 29
approval. 30
(c) In no case shall the governor appoint or designate any person to serve as “interim” or 31
“acting” director, secretary, or commissioner of any department or office in circumvention of this 32
section. 33
SECTION 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The Rhode 34
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Island Board of Education Act" is hereby amended to read as follows: 1
16-97-1.2. Powers and duties of the board of education. 2
The board of education shall have the following powers and duties: 3
(a) To develop and adopt a strategic plan defining broad goals and objectives for education 4
in the state. These goals and objectives shall be expressed in terms of the future educational 5
attainment of the population, quality of life and economy of Rhode Island, including but not limited 6
to what children, men and women should know and be able to do as a result of their educational 7
experience and the contributions of education to meeting the workforce and economic development 8
needs of Rhode Island. The board shall approve the strategic plans for elementary and secondary 9
education and postsecondary education in terms of the alignment of these strategic plans with the 10
overall strategic plan of the board of education. The board shall continuously evaluate the efforts 11
of the council on elementary and secondary education and the council on postsecondary education 12
to implement the strategic plans and shall review the results of education in the light of these 13
objectives; 14
(b) To prepare and maintain a five (5) year strategic funding plan for all levels of education 15
in Rhode Island. The board shall determine priorities of expenditures for public education purposes 16
of state revenues and other public resources made available for the support of public education and 17
direct the council on elementary and secondary education and the council on postsecondary 18
education to implement those priorities when developing the annual budget for elementary and 19
secondary education and higher education. The councils shall present their annual budgets to the 20
board for its review and approval. Nothing contained in this subdivision shall authorize the board 21
to alter the allocation of grants or aid otherwise provided by law; 22
(c) To develop and submit to the general assembly for approval a performance funding 23
formula for public higher education that furthers the purposes of the board and ensures that all 24
students may achieve educational excellence; 25
(d) To develop policies that maximize the potential of collaboration from elementary and 26
secondary education through higher education systems and that improve efficiencies at all levels 27
of the education system through improved coordination of activities; 28
(e) To embrace the legislative findings regarding virtual education established by § 16-29
22.1-2 and adopt goals and policies that address these findings and to encourage the council on 30
elementary and secondary education and the council for postsecondary education to develop and 31
or improve virtual learning experiences for Rhode Island students; 32
(f) To approve the appointment of a commissioner of elementary and secondary education. 33
(g) To approve the appointment of a commissioner of postsecondary education. 34
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(h) To conduct a training course for newly appointed and qualified board members within 1
six (6) months of their qualification. The course shall be developed by the chairperson of the board, 2
approved by the board, and conducted by the chairperson of the board. The board may approve the 3
use of any board or staff members or other individuals to assist with training. The training course 4
shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 5
of title 36, and chapter 2 of title 38; and the board’s own rules. 6
SECTION 3. This act shall take effect on January 1, 2025. 7
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE
GOVERNMENT
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This act would require that the secretary of the executive office of health and human 1
services (EOHHS), the secretary of commerce of the commerce corporation and the commissioners 2
of elementary and secondary education and postsecondary education, and the secretary of housing 3
be appointed by the governor subject to the approval of the senate. Senate approval would also be 4
required for most temporary appointments to these positions. 5
This act would take effect on January 1, 2025. 6
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