2013 -- S 0532

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LC01914

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO WATERS AND NAVIGATION -- PRUDENCE ISLAND FERRY

AUTHORITY

     Introduced By: Senator Christopher S. Ottiano

     Date Introduced: February 28, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 32

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THE PRUDENCE ISLAND FERRY AUTHORITY

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     46-32-1. Prudence Island ferry authority created -- Composition. -- There is hereby

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created a body corporate and public to be known as the "Prudence Island Ferry Authority." The

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authority shall consist of five (5) members, three (3) of whom shall be residents of the town of

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Portsmouth to be appointed by the Portsmouth town council, provided that one member shall be a

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resident of Prudent Island and two (2) of whom shall be residents of the town of Bristol, to be

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appointed by the Bristol town council. Members shall serve at the pleasure of the appointing town

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council.

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     46-32-2. Powers and duties of commission. -- The authority shall have the following

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powers and duties:

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     (1) To sue and be sued, complain and defend, in its corporate name;

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     (2) To have a seal which may be altered at pleasure and to use the same by causing it, or

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a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

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     (3) To purchase, take, receive, lease or otherwise acquire, own, hold, improve, operate,

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maintain and repair, use or otherwise deal in and with, real or personal property, or any interest

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therein, wherever situated;

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     (4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of,

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all or any part of its property and assets for such consideration and upon such terms and

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conditions as the authority shall determine;

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     (5) To fix rates or collect charges for the use of the facilities of, or services rendered by,

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or any commodities furnished by, the authority;

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     (6) To make such contracts and guarantees and to incur liabilities, borrow money at such

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rates of interest as the authority may determine;

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     (7) To make and execute agreements of lease, conditional sales contracts, installment

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sales contracts, loan agreements, mortgages, construction contracts, operation contracts and other

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contracts and instruments necessary or convenient in the exercise of the powers and functions of

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the authority granted by this chapter;

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     (8) To lend money for its purposes, invest and reinvest its funds and at its option to take

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and hold real and personal property as security for the funds so loaned or invested;

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     (9) To acquire, or contract to acquire, from any person, firm, corporation, municipality,

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the federal government or the state, or any agency of either the federal government or state by

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grant, purchase, lease, gift, condemnation or otherwise, or to obtain options for the acquisition of

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any property, real or personal, improved or unimproved, and interests in land less the fee thereof;

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and to own, hold, clear, develop, maintain, operate and rehabilitate, sell, assign, exchange,

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transfer, convey, lease, mortgage, or otherwise dispose or encumber the same for the purposes of

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carrying out the provisions and intent of this chapter for such consideration as the authority shall

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determine;

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     (10) To conduct its activities, carry on its operations and have offices and exercise its

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power granted by this act within or without the county or state;

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     (11) To elect or appoint officers and agents of the authority and to define their duties and

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fix their compensation, except as otherwise expressly limited herein;

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     (12) To make and alter bylaws not inconsistent with this chapter, for the administration

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and regulation of the affairs of the authority and such bylaws may contain provisions

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indemnifying any person who is or was a director, officer, employee agent of the authority; or is

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or was serving at the request of the authority as a director, officer, employee or agent of another

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corporation, partnership, joint venture, trust or other enterprise in the manner and to the extent

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provided in section 7-1.1-4.1 of the Rhode Island Business Corporation Act.

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     (13) To be a promoter, partner, member, associate or manager of any partnership,

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enterprise or venture;

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     (14) To enter who cooperative agreements with cities or towns for the purpose of

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operating a ferry service in accordance with this chapter; and

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     (15) To have and exercise all powers necessary and convenient to effect its purposes.

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     46-32-3. Exclusive right to operate. -- The exclusive right to operate ferry service to and

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from Prudence Island in the town of Portsmouth, is hereby vested in the Prudence Island ferry

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authority, notwithstanding any statute, law, rule or regulation to the contrary, the public utilities

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commission shall have no jurisdiction or authority relating to the Prudence Island ferry authority.

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     46-32-4. Exclusive right to set tolls and charges. -- (a) The Prudence Island ferry

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authority is deemed to have the exclusive right to establish the tolls, rates or charges to be paid

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for any services performed by or connected to ferries operated to or from Prudence Island in the

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town of Portsmouth, Rhode Island . The authority shall set such tolls, rates or charges by a vote of

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a majority of the full Prudence Island ferry authority.

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     (b) No increase shall be made in a toll, rate or charge except after thirty (30) days' notice

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to the public, posting the increase in plain type displayed at every dock, station or office where

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payments are made by the users of the ferry service.

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     46-32-5. Exclusive right to contract ferry services. -- The Prudence Island ferry

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authority is deemed to have the exclusive right to execute contracts relating to the operation of

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ferry services to and from Prudence Island in the town of Portsmouth, Rhode Island.

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     46-32-6. Severability. -- In case, for any reason, any section, part of section, clause or

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provision of this chapter shall be questioned in any court or determined to be unconstitutional or

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invalid, the clause or provision shall not in any way affect any other section, part of section,

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clause or provision of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01914

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION -- PRUDENCE ISLAND FERRY

AUTHORITY

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     This act would establish the Prudence Island ferry authority which would have exclusive

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authority to operate ferry services both to and from Prudence Island.

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     This act would take effect upon passage.

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LC01914

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