2012 -- S 2614

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LC01626

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -THE

RIGHTS OF MARINA USERS'

     Introduced By: Senators Jabour, Ottiano, and DeVall

     Date Introduced: March 01, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL

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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 54

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RHODE ISLAND MARINA USERS’ BILL OF RIGHTS

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     6-54-1. Short title. -- This chapter shall be known and may be cited as the “Rhode Island

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Marina Users’ Bill of Rights Act.”

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     6-54-2. Legislative findings. -- In order to preserve a thriving marine industry where the

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rights of consumers are protected, and to maintain fair competition and equal opportunity for all

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marine businesses, it is essential that a boat owner in Rhode Island has the following rights.

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     6-54-3. Rights enumerated. -- All owners of boats are hereby granted the following

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rights:

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     (1) The right to have access to your boat, and the right for your service provider to have

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access to your boat, whether in slip, mooring, or outside storage area, whenever necessary for the

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safety and repair of the vessel, given reasonable work requirements are met which align with

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local, state and federal regulations.

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     (2) The right to lease slip, mooring, or land storage from a marina without being required

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to use that marina for additional services to the vessel.

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     (3) The right to hire the service provider of your choice to work on your boat, your own

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personal property, within your lease space, without fees or financial penalties assessed by your

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marina.

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     (4) The right to privacy and confidentiality of financial and contractual documents; a boat

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owner, crew, or service provider shall not be required to present invoices or private contracts to a

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marina or other third party.

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     (5) The right to request references and certifications from the technician who is actually

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working on your vessel, and the right to speak to that technician about the work being done.

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     (6) The right to an itemized invoice and full explanation of charges, including products

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and services purchased, and warranty and return policies.

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     (7) The right to request estimates, shop around for the best company to furnish goods and

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services, and invite that outfit to freely board your vessel to perform the contracted work.

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     (8) The right to store your vessel at your home or at another facility during the winter lay-

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up without risk of losing your summer slip.

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     (9) The right to sell your boat without paying your marina a commission on the sale,

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unless they act as the contracted broker.

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     (10) The right to post a for sale sign on your boat, unless all signage is banned by the

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marina.

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     (11) The right to consumer protection by the Rhode Island attorney general’s office,

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including the right to file a complaint, receive a prompt response and attention to the matter, and

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the attorney general’s enforcement of your rights on your behalf, including penalties to the

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violators of your rights.

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     SECTION 2. This act shall take effect upon passage.

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LC01626

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -THE

RIGHTS OF MARINA USERS'

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     This act would create the “Rhode Island Marina Users’ Bill of Rights Act” which would

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afford certain rights to boat owners renting space at Rhode Island marinas.

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     This act would take effect upon passage.

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LC01626

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