Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0378 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0378
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7	7	LC000884
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE
16	16	GOVERNMENT
17	17	Introduced By: Senators Gallo, Goodwin, Pearson, DiPalma, F. Lombardi, Felag, Euer,
18	18	Miller, and Sosnowski
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 42-6-1, 42-6-2, 42-6-3 and 42-6-4 of the General Laws in Chapter 1
25	25	42-6 entitled "Departments of State Government" are hereby amended to read as follows: 2
26	26	42-6-1. Enumeration of departments. 3
27	27	All the administrative powers and duties heretofore vested by law in the several state 4
28	28	departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the 5
29	29	following departments and other agencies that are specified in this title: 6
30	30	(a) Executive department (chapter 7 of this title); 7
31	31	(b) Department of state (chapter 8 of this title); 8
32	32	(c) Department of the attorney general (chapter 9 of this title); 9
33	33	(d) Treasury department (chapter 10 of this title); 10
34	34	(e) Department of administration (chapter 11 of this title); 11
35	35	(f) Department of business regulation (chapter 14 of this title); 12
36	36	(g) Department of children, youth and families (chapter 72 of this title); 13
37	37	(h) Department of corrections (chapter 56 of this title); 14
38	38	(i) [Deleted by P.L. 2019, ch. 88, art. 4, § 12]; 15
39	39	(j) Department of elementary and secondary education (chapter 60 of title 16); 16
40	40	(k) Department of environmental management (chapter 17.1 of this title); 17
41	41	(l) Department of health (chapter 18 of this title); 18
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45	45	(m) Board of governors for higher education (chapter 59 of title 16); 1
46	46	(n) Department of labor and training (chapter 16.1 of this title); 2
47	47	(o) Department of behavioral healthcare, developmental disabilities and hospitals (chapter 3
48	48	12.1 of this title); 4
49	49	(p) Department of human services (chapter 12 of this title); 5
50	50	(q) Department of transportation (chapter 13 of this title); 6
51	51	(r) Public utilities commission (chapter 14.3 of this title); 7
52	52	(s) Department of revenue (chapter 142 of this title); 8
53	53	(t) Department of public safety (chapter 7.3 of this title). 9
54	54	(u) Executive office of commerce (chapter 64.19 of this title); and 10
55	55	(v) Executive office of health and human services (chapter 7.2 of this title). 11
56	56	(w) Department of housing (chapter 64.34 of this title). 12
57	57	42-6-2. Heads of departments. Heads of departments, executive offices, and 13
58	58	commissioners of education. 14
59	59	The governor, secretary of state, attorney general, and general treasurer, hereinafter called 15
60	60	general officers, shall each be in charge of a department. There shall also be a director of 16
61	61	administration, a director of revenue, a director of public safety, a director of human services, a 17
62	62	director of behavioral healthcare, developmental disabilities and hospitals, a director of 18
63	63	transportation, a director of business regulation, a director of labor and training, a director of 19
64	64	environmental management, a director for children, youth and families, and a director of 20
65	65	corrections, a secretary of the executive office of health and human services, a secretary of 21
66	66	commerce of the executive office of commerce, the commissioners of elementary and secondary 22
67	67	education and postsecondary education, and a secretary of housing. Each director, secretary, and 23
68	68	commissioner shall hold office at the pleasure of the governor and he or she shall serve until his or 24
69	69	her successor is duly appointed and qualified unless the director, secretary, or commissioner is 25
70	70	removed from office by special order of the governor. 26
71	71	42-6-3. Appointment of directors. Appointment of directors, secretaries of executive 27
72	72	offices, and commissioners of education. 28
73	73	(a) At the January session following his or her election to office, the governor shall appoint 29
74	74	a director of administration, a director of revenue, a director of public safety, a director of human 30
75	75	services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of 31
76	76	transportation, a director of business regulation, a director of labor and training, a director of 32
77	77	environmental management, a director for children, youth and families, and a director of 33
78	78	corrections, a secretary of the executive office of health and human services, a secretary of 34
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82	82	commerce, the commissioners of elementary and secondary education and postsecondary education 1
83	83	and a secretary of housing. The governor shall, in all cases of appointment of a director, secretary, 2
84	84	or commissioner, while the senate is in session, notify the senate of his or her appointment and the 3
85	85	senate shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment. 4
86	86	If the senate shall, within sixty (60) legislative days, vote to disapprove the appointment, it shall so 5
87	87	notify the governor, who shall forthwith appoint and notify the senate of the appointment of a 6
88	88	different person as director, secretary, or commissioner, and so on in like manner until the senate 7
89	89	shall fail to so vote disapproval of the governor’s appointment. If the senate shall fail, for sixty (60) 8
90	90	legislative days next after notice, to act upon any appointment of which it has been notified by the 9
91	91	governor, the person so appointed shall be the director, secretary, or commissioner. The governor 10
92	92	may withdraw any appointment of which he or she has given notice to the senate, at any time within 11
93	93	sixty (60) legislative days thereafter and before action has been taken thereon by the senate. 12
94	94	(b) Except as expressly provided in § 42-6-9, and except that the governor may enter into 13
95	95	a contract of employment for a director of the department of children, youth and families for a 14
96	96	period of time up to three (3) years, no director, secretary, or commissioner, of any department 15
97	97	shall be appointed or employed pursuant to any contract of employment for a period of time greater 16
98	98	than the remainder of the governor’s current term of office. Any contract entered into in violation 17
99	99	of this section after July 1, 1994, is hereby declared null and void. 18
100	100	42-6-4. Filling of vacancies. 19
101	101	(a) In case of a vacancy in any of the offices listed in § 42-6-3 while the senate is in session, 20
102	102	the governor shall appoint a director, secretary, or commissioner, to hold the office until his or her 21
103	103	successor is appointed and qualified in the same manner as provided in § 42-6-3; provided, 22
104	104	however, that no person so appointed to hold the office until his or her successor is appointed and 23
105	105	qualified shall serve in such position for more than ten (10) days unless that person’s name shall 24
106	106	have been submitted to the senate for its approval. 25
107	107	(b) In case of a vacancy while the senate is not in session, the governor shall appoint a 26
108	108	director, secretary, or commissioner to hold the office until the next session thereof; provided, 27
109	109	however, that no person should serve in such position for more than three (3) legislative days after 28
110	110	the senate convenes unless that person’s name shall have been submitted to the senate for its 29
111	111	approval. 30
112	112	(c) In no case shall the governor appoint or designate any person to serve as “interim” or 31
113	113	“acting” director, secretary, or commissioner of any department or office in circumvention of this 32
114	114	section. 33
115	115	SECTION 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The Rhode 34
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119	119	Island Board of Education Act" is hereby amended to read as follows: 1
120	120	16-97-1.2. Powers and duties of the board of education. 2
121	121	The board of education shall have the following powers and duties: 3
122	122	(a) To develop and adopt a strategic plan defining broad goals and objectives for education 4
123	123	in the state. These goals and objectives shall be expressed in terms of the future educational 5
124	124	attainment of the population, quality of life and economy of Rhode Island, including but not limited 6
125	125	to what children, men and women should know and be able to do as a result of their educational 7
126	126	experience and the contributions of education to meeting the workforce and economic development 8
127	127	needs of Rhode Island. The board shall approve the strategic plans for elementary and secondary 9
128	128	education and postsecondary education in terms of the alignment of these strategic plans with the 10
129	129	overall strategic plan of the board of education. The board shall continuously evaluate the efforts 11
130	130	of the council on elementary and secondary education and the council on postsecondary education 12
131	131	to implement the strategic plans and shall review the results of education in the light of these 13
132	132	objectives; 14
133	133	(b) To prepare and maintain a five (5) year strategic funding plan for all levels of education 15
134	134	in Rhode Island. The board shall determine priorities of expenditures for public education purposes 16
135	135	of state revenues and other public resources made available for the support of public education and 17
136	136	direct the council on elementary and secondary education and the council on postsecondary 18
137	137	education to implement those priorities when developing the annual budget for elementary and 19
138	138	secondary education and higher education. The councils shall present their annual budgets to the 20
139	139	board for its review and approval. Nothing contained in this subdivision shall authorize the board 21
140	140	to alter the allocation of grants or aid otherwise provided by law; 22
141	141	(c) To develop and submit to the general assembly for approval a performance funding 23
142	142	formula for public higher education that furthers the purposes of the board and ensures that all 24
143	143	students may achieve educational excellence; 25
144	144	(d) To develop policies that maximize the potential of collaboration from elementary and 26
145	145	secondary education through higher education systems and that improve efficiencies at all levels 27
146	146	of the education system through improved coordination of activities; 28
147	147	(e) To embrace the legislative findings regarding virtual education established by § 16-29
148	148	22.1-2 and adopt goals and policies that address these findings and to encourage the council on 30
149	149	elementary and secondary education and the council for postsecondary education to develop and 31
150	150	or improve virtual learning experiences for Rhode Island students; 32
151	151	(f) To approve the appointment of a commissioner of elementary and secondary education. 33
152	152	(g) To approve the appointment of a commissioner of postsecondary education. 34
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156	156	(h) To conduct a training course for newly appointed and qualified board members within 1
157	157	six (6) months of their qualification. The course shall be developed by the chairperson of the board, 2
158	158	approved by the board, and conducted by the chairperson of the board. The board may approve the 3
159	159	use of any board or staff members or other individuals to assist with training. The training course 4
160	160	shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 5
161	161	of title 36, and chapter 2 of title 38; and the board’s own rules. 6
162	162	SECTION 3. This act shall take effect on January 1, 2025. 7
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169	169	EXPLANATION
170	170	BY THE LEGISLATIVE COUNCIL
171	171	OF
172	172	A N A C T
173	173	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENTS OF STATE
174	174	GOVERNMENT
175	175	***
176	176	This act would require that the secretary of the executive office of health and human 1
177	177	services (EOHHS), the secretary of commerce of the commerce corporation and the commissioners 2
178	178	of elementary and secondary education and postsecondary education, and the secretary of housing 3
179	179	be appointed by the governor subject to the approval of the senate. Senate approval would also be 4
180	180	required for most temporary appointments to these positions. 5
181	181	This act would take effect on January 1, 2025. 6
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