Chapter 04-580

2004 -- S 2881 SUBSTITUTE A

Enacted 07/14/04

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REGULATORY POWERS OF

ADMINISTRATION

Introduced By: Senators DaPonte, Perry, and Damiani

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-3-3 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

39-3-3. Certificate requirement for water carriers. -- (a) No common carrier of

persons and/or property operating upon water between termini within this state shall hereafter

furnish or sell its services unless the common carrier shall first have made application to and

obtained a certificate from the division certifying that public convenience and necessity required

the services. A filing fee of one hundred dollars ($100) must accompany all filings made pursuant

to this section. Certificates issued under this section shall be renewed before the close of business

on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and

shall be submitted with the renewal form. All revenues received under this section shall be

deposited as general revenues; provided, however, that this fee shall not apply to any city or

town, to any agency or department of any city or town of the state, or to any nonprofit

corporation, in the tourism industry.

      (b) A copy of any application filed with either the commission or the division by a water

common carrier which includes a New Shoreham terminus shall be provided by the water

common carrier to the New Shoreham town clerk by certified mail.

(c) Notwithstanding any provision of sections 39-5-1 and/or 42-35-15 or any other

provision of the general or public laws to the contrary, no agency nor reviewing court, may order

an interlocutory stay of any order of the division with respect to an application entered under

section 39-3-3.1, and/or certificate under section 39-3-3.1. Nothing herein shall be construed to

limit the right of any petitioner, public utility, party in interest or other person or entity aggrieved

by an order of the division entered under section 39-3-3.1, from seeking judicial review in

accordance with sections 39-5-1 and/or 42-35-15.

     SECTION 2. This act shall take effect upon passage.

=======

LC02221/SUB A/4

=======