Introduced By: Representative Kelley
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-4-1, 5-4-2, 5-4-3, 5-4-18, 5-4-20 and 5-4-21 of the General Laws in Chapter 5-4 entitled "Coal and Coke Dealers" are hereby amended to read as follows:
5-4-1. License required. -- It shall be unlawful for any person, firm, or corporation to sell or offer for sale in the state any {ADD quantities of ADD} coal or coke {ADD which exceed one thousand pounds (1,000 lbs.) ADD} without first obtaining a license from the director of labor and training as provided in section 5-4-2.
5-4-2. {DEL Classes of licenses. DEL} {ADD
-- Coal and coke license. ADD} -- The director of labor and
training may issue {DEL two (2) classes of licenses, DEL}
{ADD a license ADD}as follows:
(1) {DEL First Class. DEL} {ADD Coal and coke license for
wholesale or retail sales. ADD} - A license authorizing the licensee
or his or her agents or servants to sell and deliver or distribute
coal or coke in {DEL any quantity DEL} {ADD quantities of
more than one thousand pounds (1,000 lbs.) ADD} in any part of
the state at wholesale or retail. The fee for {ADD this ADD} {DEL each DEL}
license {DEL of this class DEL} shall be {DEL fifteen
dollars ($15.00) DEL} {ADD forty dollars ($40.00) ADD} for one
yard office and one main office operated by the licensee and {DEL two
dollars ($2.00) DEL} {ADD twenty dollars ($20.00) ADD}additional
for each branch office or each added yard or yard office operated
by the licensee. Every applicant for a license of this class shall
furnish the director of labor and training with satisfactory evidence
of the possession of or access to proper facilities for weighing
and distributing coal or coke.
{DEL (2) Second Class.. - A license authorizing the licensee
or his or her agents or servants to sell and deliver or distribute
coal or coke at retail in quantities of less than one hundred
(100) pound units in such cities and towns as the director of
labor and training may designate. The fee for each license of
this class shall be two dollars ($2.00) for the first place of
business operated by the licensee and two dollars ($2.00) additional
for every other place of business operated by the licensee. DEL}
5-4-3. Issuance date and duration of licenses. --
The {DEL Licenses of each class DEL} {ADD license ADD} as
provided in section 5-4-2 shall be issued as of the first day
of {DEL October DEL} {ADD December ADD} of each year and shall
continue in full force and effect for one year, unless revoked
by the director of labor and training as hereinafter provided,
and may be renewed upon payment of the prescribed fee.
5-4-18. Suspension or revocation of license. --
The director of labor and training, after due hearing, may suspend
or revoke any license issued under the provisions of this chapter
for using or giving false or insufficient weight, {DEL or for
selling or keeping for sale any coal or coke which does not conform
to the standards and specifications established pursuant to the
provisions of section 5-4-16, or for the DEL} {ADD in ADD} violation
of any {DEL other DEL} provisions of this chapter or any
rule or regulation promulgated by the director of labor and training
hereunder.
5-4-20. Penalty for violations -- Prosecution. --
Whoever violates any provision of this chapter, or whoever is
guilty of fraud or deceit in the weighing, selling or delivering
of coal or coke, or whoever wilfully, by himself or herself or
his or her servant, agent or employee, sells or delivers or distributes
or offers to sell, deliver or distribute any coal or coke which
does not comply with the {DEL standards and specifications
established pursuant to the provisions of this chapter DEL}
{ADD universal trade custom of standards and specifications ADD}
shall be punished by a fine of not less than one hundred dollars
($100) or more than five hundred dollars ($500). In any proceeding
to enforce the provisions of this chapter, the director of labor
and training shall not be required to enter into any recognizance
or to give surety for costs.
5-4-21. Fuels to which chapter applicable. -- The
provisions of this chapter {DEL , except sections 5-4-16 and
5-4-17, DEL} shall be construed and deemed to apply to all
anthracite and bituminous coal and to all coke and other fuels
containing coal or coke which may be sold or offered for sale
in this state. The term "coal", as used in this chapter,
{DEL except in sections 5-4-16 and 5-4-17, DEL} shall include
both anthracite and bituminous coal and other fuels containing
coal. {DEL The provisions of sections 5-4-16 and 5-4-17 shall
apply only to those kinds of coal, coke and other fuels to be
sold or offered for sale in this state as are expressly designated
in section 5-4-16. DEL}
SECTION 2. Sections 5-4-11, 5-4-12, 5-4-13, 5-4-14, 5-4-15, 5-4-16 and 5-4-17 of the General Laws in Chapter 5-4 entitled "Coal and Coke Dealers" are hereby repealed.
{DEL 5-4-11. Advisory council -- Creation -- Composition.
-- There is hereby created within the department of labor
and training an advisory council consisting of five (5) qualified
electors of the state who shall be appointed by the governor as
herein provided: One member of the council shall be a dealer in,
or an officer of a corporation dealing in, anthracite coal and
shall represent dealers in anthracite coal; one member of the
council shall be a dealer in, or an officer of a corporation dealing
in, bituminous coal and shall represent dealers in bituminous
coal; one member of the council shall be a Rhode Island manufacturer
of coke, or an officer of a corporation manufacturing coke in
Rhode Island and shall represent manufacturers of coke; one member
of the council shall be a dealer in, or an officer of a corporation
dealing in, "imported coals" and shall represent dealers
of "imported coals", which term shall be construed to
mean coals mined outside of the United States of America; and
one member of the council shall not be a dealer in, nor an officer,
director or stockholder of a corporation dealing in, coal or coke
and shall represent consumers of coal and coke. DEL}
{DEL 5-4-12. Advisory council -- Appointments -- Compensation.
-- In the month of February, 1957, and in the month of
February every three (3) years thereafter, the governor shall
appoint the members of the council to hold office until the first
day of March in the third year after their appointment and until
their respective successors are appointed and qualified. Any vacancy
which may occur in the council shall be filled by appointment
by the governor for the unexpired term. The members of the council
shall serve without compensation. DEL}
{DEL 5-4-13. Advisory council -- Meetings -- Organization
-- Rules -- Records -- Clerical services. -- The council
shall meet at such time or times as its members may determine
or upon call of the director of labor and training. At the first
meeting of the council, the members thereof shall elect one of
their number as chairperson and one as secretary, or they may
in their discretion appoint as secretary any employee of the department
of labor and training, and thereafter shall elect a chairperson
and elect or appoint a secretary upon the appointment and qualification
of any new member and whenever either of those offices shall respectively
become vacant. A majority of the members of the council shall
constitute a quorum for the transaction of business and, pending
the filling of any vacancy, a majority of the remaining members
shall constitute a quorum. The council may make rules for the
conduct of its business and keeping the records thereof. Clerical
services shall be provided for the council by the director of
labor and training. DEL}
{DEL 5-4-14. Advisory council -- Functions. --
The council shall make suggestions to and shall advise the director
of labor and training concerning such standard, specifications,
policies, rules, and regulations relating to the sale of coal
and coke as the director is authorized to establish by the terms
of this chapter; provided, however, that the advisory council
shall have no administrative power. DEL}
{DEL 5-4-15. Rules and regulations -- Enforcement personnel.
-- The director of labor and training shall be the administrator
of the provisions of this chapter and, after consulting with the
advisory council, may make such reasonable rules and regulations
as may be necessary to enforce the provisions hereof. The director
may employ such inspectors and office assistants as may be necessary
for the enforcement of the provisions of this chapter. DEL}
{DEL 5-4-16. Standard sizes and specifications. --
The director of labor and training, after consulting with the
advisory council, shall: (1) establish standard sizes and specifications
of quality for all anthracite coal to be sold or offered for sale
in this state; (2) establish standard sizes and specifications
of quality for all coke to be sold or offered for sale in this
state; and (3) establish standard sizes and specifications of
quality for all briquets and other prepared fuels containing anthracite
or bituminous coal or coke, to be sold or offered for sale in
this state. The director of labor and training, with the advice
and consent of the advisory council, from time to time may establish
standard sizes and specifications of quality for bituminous coal
to be sold or offered for sale in this state, provided, that the
director and the advisory council shall deem that action necessary
for the protection of consumers of bituminous coal. All standards
and specifications shall be published by filing a copy of the
standard and/or specification in the office of the secretary of
state and by mailing a copy thereof to each holder of a license
hereunder. All standards and specifications shall become effective
sixty (60) days after their filing. Amendments to or changes in
any standards or specifications relating to other than bituminous
coal may be made at any time by the director of labor and training,
after consulting with the advisory council; and amendments to
or changes in any standards or specifications relating to bituminous
coal may be made at any time by the director of labor and training,
with the advice and consent of the advisory council. All amendments
to or changes in any standards or specifications shall be published
by filing a copy of the amendment or change in the office of the
secretary of state and by mailing a copy thereof to each holder
of a license hereunder and shall become effective sixty (60) days
after that filing. No licensee hereunder or other person shall
sell or offer for sale in this state any coal or coke which does
not conform to the standards and specifications established in
accordance with the provisions of this section. DEL}
{DEL 5-4-17. Sampling and testing to determine compliance
with standards. -- The director of labor and training,
or his or her agent or agents, may enter any place where there
is stored or kept for sale any kind of coal, coke or other fuels
for which standards and specifications have been established pursuant
to the provisions of section 5-4-16, and may inspect that coal,
coke, or other fuel, or take therefrom fair and proper samples
for analysis or inspection, one-half (1/2) of the sample to be
retained by the owner or owner's agent. The sample shall be taken
in accordance with the standard code of rules as published and
enunciated by the American society of testing materials. The director
may cause any sample so taken to be analyzed and tested and the
results of that analysis and test to be recorded and preserved
as evidence. If upon that analysis and test, the coal, coke, or
other fuel does not conform to the standards and specifications
established pursuant to the provisions of section 5-4-16, the
director may prohibit its sale or distribution within this state. DEL}
SECTION 3. This act shall take effect upon passage.
