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.
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LC02221/SUB
A/4
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