2012 -- S 2708

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIERS OF

PROPERTY

     Introduced By: Senator William A. Walaska

     Date Introduced: March 06, 2012

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-12-7 of the General Laws in Chapter 39-12 entitled "Motor

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Carriers of Property" is hereby amended to read as follows:

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     39-12-7. Issuance of certificate to common carrier. -- A certificate shall be issued by

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the administrator, after a hearing, to any qualified applicant therefor, authorizing the whole or any

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part of the operations covered by the application, if it is found that the applicant is fit, willing, and

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able properly to perform the service proposed and to conform to the provisions of this chapter and

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the requirements, orders, rules, and regulations of the administrator thereunder, and that the

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proposed service, to the extent to be authorized by the certificate, is or will be required by the

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present or future public convenience and necessity; otherwise the application shall be denied. Any

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certificate issued under this chapter shall specify the service to be rendered and the routes over

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which, the fixed termini, if any, between which, if any, at which, and, in case of operations not

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over specified routes or between fixed termini, the points and places within which, or between

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which the motor carrier is authorized to operate; and there shall, at the time of the issuance and

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from time to time thereafter, be attached to the exercise of the privileges granted by the certificate

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such reasonable terms, conditions, and limitations as the public convenience and necessity may

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from time to time require; provided, however, that no terms, conditions, or limitations shall

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restrict the right of the carrier to add to his or her or its equipment and facilities, between which

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or within the territory specified in the certificate as the development of the business and the

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demands of the business shall require. Certificates issued under this chapter shall be renewed

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before the close of business on December 31 of each calendar year. The renewal fee shall be one

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hundred dollars ($100) and shall be submitted with the renewal form. All revenues received under

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this section shall be deposited as general revenues. No certificate shall be issued to a common

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carrier by motor vehicle or, when issued, shall remain in force authorizing the transportation of

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property over the publicly used highways of this state, unless the rates and charges upon which

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the property is transported by the carrier shall have been published in the tariff and filed with the

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administrator in accordance with this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01222

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - MOTOR CARRIERS OF

PROPERTY

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     This act would eliminate the requirement that the applicant for the issuance of certificate

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as a common carrier prove a “public need” for the proposed service, to the extent that the

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applicant authorized by the certificate, to perform interstate transportation of household goods.

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     This act would take effect upon passage.

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LC01222

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