2015 -- S 0860 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- THE PROVIDENCE PORT ADVISORY

COUNCIL

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: April 28, 2015

     Referred To: Senate Commerce

     (by request)

It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following chapter:

CHAPTER 32

THE PROVIDENCE PORT ADVISORY COUNCIL

     46-32-1. Short title. -- This act shall be known and may be cited as the "the Providence

port advisory council act."

     46-32-2. Port Advisory Council created. -- There is hereby created "the Providence port

advisory council,” which shall be an advisory board within the Rhode Island commerce

corporation, having the powers and jurisdiction hereinafter enumerated, and such other and

additional powers as shall be conferred upon it by the general assembly.

     46-32-3. Purpose. -- The purpose of this chapter is to create the Providence port advisory

council, which shall provide advice and support with respect to coordinating and marketing the

commercial maritime resources and port terminal facilities located in the state both physically and

institutionally, thereby creating and enhancing an integrated land/sea transportation network with

access to the global market place in support of the economic development needs of the state.

     46-32-4. Board created. -- A board to be known as the Providence port advisory council

board is hereby created. The powers of the council shall be vested in and exercised by a majority

of the members of the board then in office.

     46-32-5. Members. -- The Providence port advisory council shall consist of eight (8)

members, six (6) of whom shall be appointed by the governor, with the advice and consent of the

senate. Two (2) of said appointive members shall be residents of the cities and towns of the

seacoast region or state tidal waters that are not represented on the board, one appointive member

shall be a commercial fisherman engaged in that industry on the seacoast, and two (2) appointive

members shall be experienced in a maritime industry. Each appointed member shall serve for a

term of four (4) years. Said members shall serve until their successors are appointed and qualified

members shall be eligible to succeed themselves. Any vacancy occurring in the membership of

the appointed members shall be filled by the governor for the unexpired term. In addition to the

six (6) appointive members, the director of the Rhode Island commerce corporation, or designee,

and the mayor of Providence, or designee, shall be, by virtue of their offices, members of the

council. The commissioners shall, for the purpose of doing business, constitute a board and may

adopt suitable by-laws for its management.

     46-32-6. Compensation of members and agents. -- The members of the board shall

receive no compensation for the performance of their duties, but shall be entitled to

reimbursement for actual and necessary expenses incurred in the performance of official duties.

No part of the earnings of the authority shall inure to the benefit of any private person.

     46-32-7. Business prohibited to members. -- No member of the board shall directly or

indirectly engage in any contract or agreement for labor or for the supply of materials for

construction or reconstruction of the physical assets of the authority or replacements or additions

thereto.

     46-32-8. Powers and duties. -- The Providence port advisory council shall be vested

with the following powers:

     (1) Advise the Rhode Island commerce corporation and pertinent municipalities on

coordination and marketing of commercial maritime resources and port terminal activities.

     (2) Seek to coordinate, assist and unify the efforts of state agencies, municipalities,

private groups, institutions and individuals within the member ports in accord with the purposes

of this chapter.

     (3) Prepare, print and distribute books, maps, and pamphlets or other materials necessary

to promote and market the commercial maritime resources and port terminal facilities of its

member ports in accord with the purposes of this chapter.

     46-32-9. Opt-out. – Any port or terminal operator organized under the general laws of

this state or other organization representing the interests of a port in this state may waive funding

and/or other administrative support from the Providence port advisory council in any given fiscal

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year.

     46-32-10. Funding. -- The general assembly shall appropriate two hundred and fifty

thousand dollars ($250,000) annually for the office and other administrative expenses, and such

sum or sums as shall be recommended by the port advisory council and approved by the general

assembly.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- THE PROVIDENCE PORT ADVISORY

COUNCIL

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     This act would create the Providence port advisory council to provide advice and support

with respect to coordinating and marketing the commercial maritime resources of all ports in the

state.

     This act would take effect upon passage.

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