TITLE 44
Taxation

CHAPTER 44-44
Taxation of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee

SECTION 44-44-3.8


§ 44-44-3.8. Hard-to-dispose material control and recycling oversight commission.

(a) Prior to disbursement of any funds from the hard-to-dispose materials account the rules and regulations of the department concerning the implementation of chapter 15.1 of title 37 must be promulgated in final form. For the purposes of this section only, a rule and/or regulation is in final form when filed in accordance with § 42-35-4. Nothing contained in this chapter shall prevent a party from seeking appropriate judicial review in accordance with the Administrative Procedures Act, chapter 35 of title 42.

(b) Hard-to-dispose material control and recycling oversight commission.

(1) The hard-to-dispose material and recycling oversight commission is created consisting of the following nine (9) members: three (3) members of the house of representatives, one of whom shall be from the minority party, to be appointed by the speaker of the house; two (2) members of the senate, one of whom shall be from the minority party, to be appointed by the president of the senate; one public member to be appointed by the speaker of the house; one public member to be appointed by the president of the senate; one member from an environmental group to be appointed by the president of the senate; one member who is an industry representative to be appointed by the speaker of the house.

(2) With the exception of the house and senate members, the members of the commission shall serve two (2) year terms, the first term commencing June 1, 1990, and ending June 1, 1992; or until the time their successors are appointed. The house and senate members shall serve at the pleasure of the appointing authority.

(3) The commission shall organize itself at a meeting called by the speaker of the house in June of each even-numbered year, commencing in 1990.

(4) Members of the commission shall receive no compensation.

(5) The commission shall elect a chair from its legislator members, and elect other officers as it deems appropriate.

(6) The commission shall meet at least once per quarter to review tax revenues collected and expenditures of the program, to evaluate effectiveness of the program, and to make recommendations to the governor and legislature regarding the appropriateness of the taxation rates and the timetables required by § 37-15.1-9(7).

(7) The commission shall have the cooperation of the auditor, general, tax administrator, and the department wherever necessary.

(8) The commission shall submit a report to the general assembly on February 1, 1991, and each February 1 thereafter.

History of Section.
(P.L. 1990, ch. 514, §§ 5, 6; P.L. 2001, ch. 180, § 139.)