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Title: 52 - STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

Chapter: 17B - Establishment of department; "the department" defined

52:17B-1: Establishment of department; "the department" defined

52:17B-2: Attorney general; head of Department; appointment; salary; vacancies

52:17B-3: Divisions established in Department

52:17B-3.1: Appointment of certain assistant deputy Attorneys General to permanent positions in classified service without competitive examination

52:17B-3.2: Construction of act

52:17B-3.3: Repealer

52:17B-4: Powers and duties of Attorney General

52:17B-4a: "SNAP" reports to be made on quarterly basis.

52:17B-4b: Additional powers, duties of Attorney General concerning certain declarations of death.

52:17B-4.1: Governmental immunity study; recommendations; technical and clerical assistance

52:17B-4.2: Advisory committee; members; expenses

52:17B-4.3: Bulletproof vests; donations; acceptance

52:17B-4.4: "Body Armor Replacement" fund; program.

52:17B-4.5: Training program for law enforcement officers on substances used to facilitate sexual assaults

52:17B-4.6: Notice to law enforcement explaining provisions of act on unlawful evictions.

52:17B-4.7: Gang education seminars for school administrators.

52:17B-4.8: Appointment of certain State law enforcement department officers.

52:17B-5: Division of Law headed by Attorney General; transfer of powers and duties to Division

52:17B-5.1: Uniform crime reporting system; establishment

52:17B-5.10: Cooperation of other departments and agencies

52:17B-5.13: Action for recovery of moneys; officers of public entities convicted of diversion of public moneys

52:17B-5.14: Return to public entity of money recovered in action

52:17B-5.2: Collection of information by Division of State Police

52:17B-5.3: Quarterly crime report by local and county police; contents, incidence of street gang activity, bias crime.

52:17B-5.4: Compilation, analysis, classification of crime statistics.

52:17B-5.4a: Collection, analysis of information, central repository.

52:17B-5.5: Annual report by Attorney General

52:17B-5.6: Office of Consumer Protection; establishment

52:17B-5.7: Functions, powers and duties of the Attorney General

52:17B-5.8: Executive-director; appointment; compensation; assistance

52:17B-5.9: Powers and duties

52:17B-6: Department of State Police transferred

52:17B-7: Division of State Police headed by Superintendent of State Police; appointment; term; salary; removal

52:17B-8: Transfer of powers and duties of Superintendent

52:17B-9: Department of State Police continued as Division of State Police

52:17B-9.1: State capitol police force; reconstitution in department of law and public safety; members; powers; oath

52:17B-9.16: Acceptance of monetary donations or items or materials.

52:17B-9.17: Crime prevention resource center; establishment; duties

52:17B-9.18: Findings, declarations relative to information relating to certain firearms.

52:17B-9.19: Report on certain seized, recovered firearms, shell casings.

52:17B-9.2: Jurisdiction; duties and responsibilities

52:17B-9.3: Equipment

52:17B-9.4: Rules and regulations

52:17B-9.5: State marine police force; transfer from department of environmental protection to division of state police

52:17B-9.6: Legislative findings

52:17B-9.7: Missing Persons Unit; establishment; supervisor and other personnel; appointment; compensation

52:17B-9.8: Powers, duties of unit.

52:17B-9.8a: "Missing child" defined

52:17B-9.8b: Notification of school district; records

52:17B-9.8c: Notification of State registrar of vital statistics; records

52:17B-9.8d: Establishment of guidelines for missing persons cases involving Alzheimer's disease or juveniles.

52:17B-10: Conference and training of fish and game wardens

52:17B-11: Minimum requirements for fish and game wardens

52:17B-12: Bureau of Tenement House Supervision established

52:17B-13: Board of Tenement House Supervision constituted the Bureau of Tenement House Supervision

52:17B-14: Power of Board of Tenement House Supervision to appoint and remove officers or employees transferred to Superintendent of State Police

52:17B-15: Department of Alcoholic Beverage Control constituted Division of Alcoholic Beverage Control

52:17B-16: Director of Division of Alcoholic Beverage Control

52:17B-17: State Commissioner of Alcoholic Beverage Control; powers and duties transferred to director of Division of Alcoholic Beverage Control

52:17B-18: Divisions in Department of Alcoholic Beverage Control constituted bureaus in Division of Alcoholic Beverage Control

52:17B-19: Department of Motor Vehicles constituted the Division of Motor Vehicles

52:17B-20: Director of Division of Motor Vehicles

52:17B-21: Powers and duties of Commissioner of Motor Vehicles transferred to Division of Motor Vehicles

52:17B-22: Organization of existing Department of Motor Vehicles continued

52:17B-23: Department of weights and measures constituted Division of Weights and Measures

52:17B-24: Superintendent of Division of Weights and Measures

52:17B-25: Powers and duties of State Superintendent of Weights and Measures transferred to Superintendent of Division of Weights and Measures

52:17B-26: Organization of existing department of weights and measures continued

52:17B-27: Attorney General; efficiency of departmental operations; coordination; integration

52:17B-28: Powers of Attorney General in matters of adjudications and licenses

52:17B-29: Division of Professional Boards, powers, duties and property transferred to

52:17B-30: Boards within Division of Professional Boards; powers and duties

52:17B-31: Terms of office of members of boards transferred not affected

52:17B-32: Removal of board members; vacancies

52:17B-32.1: Compensation and expenses of members of Board of Pharmacy

52:17B-32.2: Effective date

52:17B-33: Appointment, employment or removal of officers and employees; compensation

52:17B-34: Transfer of officers and employees of boards to Division of Professional Boards

52:17B-35: Attorney General; powers and duties in respect to Division of Professional Boards

52:17B-36: Funds of board, transfer to State treasury

52:17B-37: License fees, fines and penalties; disposition

52:17B-39: Budget requests

52:17B-40: Surplus; disposition

52:17B-41: Orders, rules and regulations

52:17B-41.1: Purpose of act; "ophthalmic appliances and lenses" defined; exemptions; prohibited acts

52:17B-41.11: Persons who have practiced two years before enactment; license

52:17B-41.12: License to be evidenced by certificate; fees; persons not holding license within 5 years of application must pass examination

52:17B-41.13: Forms for application and examination; rules and regulations

52:17B-41.14: Disposition of fees, fines, penalties and other moneys

52:17B-41.15: Budget request for appropriations

52:17B-41.16: Surplus; disposition

52:17B-41.17: Advertisements by ophthalmic dispenser or ophthalmic technician; rebates or commissions

52:17B-41.18: Penalty

52:17B-41.2: State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians; compensation; expenses; report

52:17B-41.23: Partial invalidity

52:17B-41.24: Effective date

52:17B-41.25: Short title

52:17B-41.26: Definitions.

52:17B-41.27: Ophthalmic dispensers authorized

52:17B-41.28: Prescription required

52:17B-41.29: Replacement lenses on prescription or record

52:17B-41.3: Meetings, organization, powers, agent

52:17B-41.30: Release of patient's prescription

52:17B-41.31: Release of patient's contact lens specifications

52:17B-41.4: Compensation of secretary and inspector

52:17B-41.5: Practice of ophthalmic dispensing; prescription required; "ophthalmic technicians" defined; temporary permits to persons from out of the State; appren

52:17B-41.6: Examinations; certificate of registration; annual renewal

52:17B-41.6a: Continuing education to qualify for license renewal

52:17B-41.7: Certificate holder may practice as ophthalmic dispenser or technician

52:17B-41.8: Display of certificate

52:17B-41.9: Meetings of board; examinations; qualifications as candidates

52:17B-41.9a: Apprentice dispenser; registration; requirements for qualification

52:17B-41.9b: Ophthalmic technician; qualifications

52:17B-41.9c: Examinations; retention; inspection

52:17B-42: Pending actions and proceedings not affected

52:17B-43: Licenses and certificates of registration not affected

52:17B-44: Transfer of files, records and property

52:17B-45: Orders, rules and regulations not affected

52:17B-46: Pending actions or proceedings against department, officer or agency not affected

52:17B-47: Appropriations transferred to Department of Law and Public Safety

52:17B-48: Vacancies

52:17B-49: Employees transferred

52:17B-50: Tenure, civil service, pension or retirement rights not affected

52:17B-51: Definitions

52:17B-51.1: Deputy Attorney-General to include assistant Attorney-General

52:17B-52: Repeal

52:17B-53: Short title

52:17B-54: Effective date

52:17B-66: Legislative declaration

52:17B-67: Definitions.

52:17B-68: Authority to require training of policemen prior to permanent appointment; exception.

52:17B-68.1: Basic training, course for investigators.

52:17B-69: Probationary, temporary appointment as police officer.

52:17B-69.1: Enrollment in police training course for persons seeking probationary, temporary appointment.

52:17B-69.2: Eligibility for appointment.

52:17B-70: Police training commission established; members; terms.

52:17B-71: Powers, responsibilities, duties of commission

52:17B-71.1: Grant, conveyance, devise, bequest, or donation to maintenance and use of commission

52:17B-71.10: Definitions relative to police training.

52:17B-71.2: Legislative findings

52:17B-71.3: "Policeman" defined

52:17B-71.4: Granting scholarships; review and approval; preferential treatment

52:17B-71.5: Amount of scholarship; part-time study

52:17B-71.6: Period of scholarship; proration

52:17B-71.7: Rules and regulations

52:17B-71.8: Training course for safe schools resource officers, liaisons to law enforcement.

52:17B-71.9: Adoption of training course by Police Training Commission.

52:17B-72: Effect of act upon powers and duties of municipalities and counties and civil service

52:17B-73: Organization of commission; quorum

52:17B-74: Minutes and other records

52:17B-75: Reimbursement for expenses

52:17B-76: Annual report

52:17B-77: Appropriation

52:17B-77.10: Rules, regulations.

52:17B-77.11: Training programs.

52:17B-77.12: Required training concerning bias intimidation crimes for police officers.

52:17B-77.13: Development, identification of uniform cultural diversity training course materials, online tutorial.

52:17B-77.14: Provision of in-service training.

52:17B-77.3: Recommendation of standards.

52:17B-77.4: Senior citizens crime prevention program

52:17B-77.5: Conduct of senior citizens crime prevention program at county level

52:17B-77.6: Liability to State law enforcement agency for training; terms defined.

52:17B-77.7: Findings, declarations relative to Alzheimer's disease.

52:17B-77.8: Training protocols for law enforcement for Safe Return Program.

52:17B-77.9: In-service training.

52:17B-78: Short title

52:17B-79: Office of state medical officer; creation; state medical examiner; qualifications; appointment; term; compensation; employees and assistants

52:17B-79.1: Continuation in office of state medical officer

52:17B-79.2: Transfer to office of state medical examiner from division of state medical examination; method

52:17B-80: Supervision and enforcement; rules and regulations

52:17B-81: Facilities, equipment and supplies

52:17B-83: County medical examiner; appointment; term

52:17B-84: Deputy or assistant county medical examiners; appointment

52:17B-85: Salaries and expenses; quarters and equipment

52:17B-86: Investigation of deaths; causes

52:17B-87: Notification of county medical examiner and prosecutor

52:17B-88: Findings; report; autopsy; transportation of body.

52:17B-88a: Facility where patient died, provision of information relative to next-of-kin to medical examiner.

52:17B-88.1: Definitions

52:17B-88.10: Standardized protocols for autopsies of suspected SIDS victims.

52:17B-88.11: Protocol for participation of medical examiners in certain research activities concerning SIDS.

52:17B-88.12: Findings, declarations relative to sudden death in epilepsy.

52:17B-88.13: SUDEP awareness program.

52:17B-88.14: Standard protocol governing medicolegal death investigations.

52:17B-88.2: Dissection or autopsy; contrary to decedents' religious beliefs

52:17B-88.3: Waiting period

52:17B-88.4: Action by medical examiner for order authorizing autopsy or dissection

52:17B-88.5: Priority of action; summary nature of action; permission granted or denied

52:17B-88.6: Intrusiveness of autopsy or dissection

52:17B-88.7: Procedures performed on anatomical gift, time, manner.

52:17B-88.8: Removal of anatomical gift from donor whose death is under investigation

52:17B-88.9: Report on condition of anatomical gift

52:17B-89: Report of death required; violation.

52:17B-90: Co-operation in investigation and autopsy

52:17B-91: Power to administer oaths and affirmations; affidavits and examinations

52:17B-92: Records of medical examiners; use as evidence; right to copies

52:17B-93: Offices of coroner, county physician and chief medical examiner; abolition

52:17B-94: Repeal of inconsistent acts

52:17B-95: Racing Commission transferred

52:17B-96: Repeal of inconsistent acts

52:17B-97: Short title

52:17B-98: Declarations of policy

52:17B-99: Division of criminal justice

52:17B-100: Organization of division; classification of employees.

52:17B-100.1: State investigators; appointment; term of office; duties, powers and rights

52:17B-101: Functions, powers and duties of attorney general; enforcement of criminal business

52:17B-102: Remaining powers and duties of attorney general

52:17B-103: Consultation with and supervision over county prosecutors; uniform enforcement of criminal laws

52:17B-104: County without county prosecutor; duties of attorney general

52:17B-105: Assistance of attorney general; request; action

52:17B-106: Supersedure of county prosecutor

52:17B-107: Appearance of attorney general for state in investigations, criminal actions or proceedings

52:17B-108: Attorney General to have power and authority of prosecutor; appointment of assistants; payment for services

52:17B-109: Powers and duties of county prosecutor

52:17B-110: Removal of county prosecutor from office

52:17B-111: Reports

52:17B-112: Cooperation with attorney general by law enforcement officers

52:17B-113: Studies and surveys

52:17B-114: Construction of act

52:17B-115: Employee rights

52:17B-116: Repealer

52:17B-117: Partial invalidity

52:17B-118: Short title

52:17B-119: Declaration of policy

52:17B-120: Division of consumer affairs; director; appointment; salary

52:17B-121: Organization; employees

52:17B-122: Powers of attorney general; investigations; rules and regulations; hearing examiners

52:17B-123: Division of weights and measures; transfer of powers, functions and duties

52:17B-124: Office of consumer protection; transfer of functions, powers and duties

52:17B-124.1: Physician required to report toy related death or injury

52:17B-125: Bureau of securities; transfer of functions, powers and duties

52:17B-126: Division of professional boards; transfer of functions, powers and duties to division of consumer affairs

52:17B-127: Continuance of boards within division of professional boards

52:17B-128: Terms of office of members of boards within former division of professional boards

52:17B-130: Transfer of employees of division, board, etc. transferred to division of consumer affairs

52:17B-131: Application of act to civil service, pension laws or retirement system

52:17B-132: Transfer of appropriations and other moneys of division, board, etc. transferred to division of consumer affairs

52:17B-133: Appropriations for boards within former division of professional boards

52:17B-134: Transfer of books, records, property, etc. of transferred division, board, etc.

52:17B-135: Effect on orders, rules and regulations of transferred division, board, etc.

52:17B-136: Effect of transfers on pending actions or proceedings, orders or recommendations

52:17B-137: Powers of attorney general over transferred division, board, etc.

52:17B-138: Transfer of state board of barber examiners to division of consumer affairs

52:17B-139: Method of transfer

52:17B-139.1: Transfer of powers and duties of commissioner of labor and industry and private employee agency section in department of labor and industry concerning

52:17B-139.10: Noncompliance; disorderly person

52:17B-139.11: Rules, regulations by Division of Consumer Affairs

52:17B-139.12: Regulations by Division of Fire Safety

52:17B-139.2: Reference to commissioner of labor and industry as reference to Attorney General

52:17B-139.3: Method of transfer

52:17B-139.4: Bureau of Employment and Personnel Services

52:17B-139.5: Functions, powers, duties transferred to Bureau of Employment and Personnel Services

52:17B-139.6: Validity of previous licenses unaffected

52:17B-139.7: Notification to fire department by provider of medical oxygen, oxygen delivery system of patient's residence

52:17B-139.8: Notification by patient

52:17B-139.9: Duties of director

52:17B-142: Legislative findings and determinations

52:17B-143: State law enforcement planning agency; in DLPS but responsible to Governor.

52:17B-145: Executive director; appointment; qualifications; salary; powers and duties

52:17B-147: Powers and duties of agency.

52:17B-148: Annual report of agency

52:17B-149: Annual appropriations in state budget

52:17B-150: Application of State Agency Transfer Act

52:17B-159: Short title

52:17B-160: Findings, declarations

52:17B-161: Definitions

52:17B-162: Objectives provided for by act

52:17B-163: "Safe Neighborhoods Services Fund," created

52:17B-164: Grant provisions, applications

52:17B-165: Police equipment grant application

52:17B-166: Grant application evaluation, ranking

52:17B-167: Selection of grant recipients.

52:17B-168: Guidelines; program grant schedule, procedure

52:17B-169: Findings, declarations relative to juvenile justice.

52:17B-170: Juvenile Justice Commission established.

52:17B-171: Allocation of functions, powers, duties, authority of commission

52:17B-171.1: Standards for suicide, mental health screening in county juvenile detention facilities.

52:17B-171.10: Annual report to Governor, Legislature.

52:17B-171.11: Rules, regulations; penalties, fines.

52:17B-171.12: Reinstatement of juvenile in Medicaid program upon release.

52:17B-171.13: Regulations relative to room restriction for juveniles.

52:17B-171.2: Suicide risk screening for juveniles admitted to county juvenile detention facility.

52:17B-171.3: Mental health screening for juveniles admitted to county juvenile detention facility.

52:17B-171.4: Screening before placement in isolation.

52:17B-171.5: Certification for person conducting screening.

52:17B-171.6: Establishment, maintenance of Statewide database of screenings.

52:17B-171.7: Monitoring of suicides occurring at county juvenile detention facilities.

52:17B-171.8: Information on JJC website.

52:17B-171.9: Training curriculum for juvenile detention officers on mental health needs of juvenile detention population.

52:17B-172: Advisory council to Juvenile Justice Commission.

52:17B-173: Functions, powers, duties, authority of advisory council.

52:17B-174: Juvenile corrections officers.

52:17B-175: Responsibilities of other departments.

52:17B-176: Facilities, inmates, equipment, personnel, etc. transferred to Juvenile Justice Commission

52:17B-177: Transfer of functions, powers, duties, authority

52:17B-178: Office of Education established

52:17B-179: State/Community Partnership Grant Program established

52:17B-180: Qualification for State/Community Partnership Grant Funds.

52:17B-181: Short title

52:17B-182: Findings, declarations relative to a correctional, rehabilitative program for juvenile, youthful offenders

52:17B-183: Definitions

52:17B-184: "Stabilization and Reintegration Program."

52:17B-185: SRP component

52:17B-186: Offender's admittance into SRP; removal

52:17B-187: Reports

52:17B-188: Monitoring procedures

52:17B-189: County boot camps preserved

52:17B-190: Other fines, penalties, etc. preserved

52:17B-191: Short title.

52:17B-192: Definitions relative to high technology crimes.

52:17B-193: Establishment, maintenance of information available through the Internet, continuing educational program; hotline telephone service

52:17B-194: Findings, determinations relative to child abduction.

52:17B-194.1: Short title.

52:17B-194.10: Requirements for activation of MVP Emergency Alert.

52:17B-194.11: Transmission of alert by participating media.

52:17B-194.2: Findings, determinations relative to "Amber's Plan."

52:17B-194.3: Establishment of "Amber's Plan"; activation of Amber Alert; criteria.

52:17B-194.3a: Definitions relative to wireless telephones, electronic communication devices issued by public entities.

52:17B-194.3b: Receipt of wireless Amber Alert text messages by officer, employee of public entity.

52:17B-194.4: "Silver Alert System" established.

52:17B-194.5: Activation of Silver Alert; requirements.

52:17B-194.6: Use of overhead permanent changeable message signs to provide information on certain missing persons.

52:17B-194.7: Public education campaign relative to Silver Alert System.

52:17B-194.8: Guidelines.

52:17B-194.9: "MVP Emergency Alert System."

52:17B-195: Organization, establishment of technology center.

52:17B-196: Findings, declarations relative to joint negotiations by physicians and dentists with carriers.

52:17B-197: Definitions relative to joint negotiations by physicians and dentists with carriers.

52:17B-198: Joint negotiations regarding non-fee related matters.

52:17B-199: Joint negotiations regarding fees, fee related matters.

52:17B-200: Criteria for exercise of joint negotiation rights.

52:17B-201: Inapplicability of act.

52:17B-202: Requirements to act as joint negotiation representative.

52:17B-203: Powers, duties of Attorney General.

52:17B-204: Application for hearing.

52:17B-205: Confidentiality of information.

52:17B-206: Good faith negotiation required.

52:17B-207: Construction of act.

52:17B-208: Report to Governor, Legislature by Attorney General.

52:17B-209: Rules, regulations.

52:17B-210: Pamphlet for students relative to pedophile crimes.

52:17B-211: Uniform enforcement relative to death, serious bodily injury resulting from motor vehicle accident.

52:17B-212: Definitions relative to missing persons.

52:17B-213: Acceptance of report of missing person without delay.

52:17B-214: Information about the missing person for record.

52:17B-215: Information provided to person making report or family member.

52:17B-216: Determination of designation as high risk missing person.

52:17B-217: Actions relative to high risk missing person or child.

52:17B-218: Practices, protocol for death scene investigations.

52:17B-219: Custody of human remains, notification if remains unidentified.

52:17B-220: Responsibilities of county medical examiner.

52:17B-221: Development, dissemination of best practices protocol to law enforcement.

52:17B-222: Short title.

52:17B-223: Findings, declarations relative to law enforcement professional standards.

52:17B-224: Definitions relative to law enforcement professional standards.

52:17B-225: Office of Law Enforcement Professional Standards.

52:17B-226: Appointment of director.

52:17B-227: Organization of office.

52:17B-228: Duties, functions of office.

52:17B-229: Preparation of reports by office.

52:17B-230: Specific authority of office relative to certain best practices.

52:17B-231: Promoting, ensuring compliance with general policy.

52:17B-232: Personnel performance information system.

52:17B-233: Participants in, material offered in training course, program.

52:17B-234: Certification of compliance.

52:17B-235: Semi-annual public reports.

52:17B-236: Risk-based audits, performance reviews conducted by State Comptroller.

52:17B-237: Commission on Human Trafficking.

52:17B-238: "Human Trafficking Survivor's Assistance Fund."

52:17B-239: Findings, declarations relative to violence as a public health crisis.

52:17B-240: Study Commission on Violence.

52:17B-241: Duty of the commission.

52:17B-242: Public hearings, report to Governor, Legislature.

52:17B-243: Retirement procedure for certain injured law enforcement officers.

52:17B-244: Removal of certain information from websites concerning prosecutions by the Attorney General.