2017 -- H 5574

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LC001592

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS - LANDING FEE FOR TOWN

OF BRISTOL

     Introduced By: Representatives Marshall, and Ackerman

     Date Introduced: February 16, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

amended by adding thereto the following section:

     45-2-35.3. Town of Bristol - Landing fee.

     (a) The town of Bristol is hereby authorized to charge, assess, or otherwise collect a

thirty-five cent ($.35) landing fee on each passenger over the age of twelve (12) arriving in the

port of Bristol, Bristol, Rhode Island, by public or private boat; provided, however, that this

provision shall not apply to vessels when they are engaged in commercial fishing. All fees

collected, less expenses of collection, if any, shall be utilized by the town of Bristol to protect the

health, safety, and welfare of all passengers, including, but not limited to, emergency medical

services, acquisition, maintenance, and repair of both personal and real property to provide

support to the ferry passengers and tourism related activities, to construct and maintain tourism

support facilities and to establish a fund to assist the town of Bristol in resolving problems which

arise due to the impact of vessels landing passengers in the town of Bristol. The town of Bristol

may enter into agreements with any common carriers by water operating in the town of Bristol

authorizing the common carrier to collect the landing fee on behalf of the town of Bristol. The

agreement shall provide for the payment of a reasonable fee, (not to exceed fifteen percent (15%)

of the landing fee), by the town to the common water carrier and indemnification of the water

carrier from and against any liability to, or claim of liability by third parties, arising from the

collection of the landing fee. All such common carriers shall collect the landing fee on behalf of

the town of Bristol, by including the amount of the fee in its rate and charge to adult passengers

without the necessity of approval of the landing fee from the public utilities commission ("PUC")

of the division of public utilities and carriers ("DPUC") under title 39. The landing fee authorized

by this chapter does not apply to any persons receiving free transportation from the public utility

under §39-2-5. The town council of the town of Bristol shall promulgate rules and regulations to

implement the provisions of this section.

     (b) If any provision of this section, or the application thereof to the town of Bristol or to

any person or circumstances, is deemed invalid for any reason, the remainder of this section, or

the application of such provision to said town or other persons or circumstances, shall not be

affected thereby and, to this end, the provisions of this act are declared to be severable.

     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 TOWNS AND CITIES - GENERAL POWERS - LANDING FEE FOR TOWN

OF BRISTOL

***

     This act will permit the town of Bristol to charge a landing fee of thirty-five cents ($.35)

on each passenger over the age of twelve (12) arriving in the port of Bristol excluding

commercial fishing vessels.

     This act would take effect upon passage.

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