Chapter 05-042

2005 -- S 0193 SUBSTITUTE B AS AMENDED

Enacted 06/16/05

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- NEWPORT COUNTY CONVENTION AND VISITORS' BUREAU

Introduced By: Senator M. Teresa Paiva-Weed

Date Introduced: February 02, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 42-105-1 and 42-105-2 of the General Laws in Chapter 42-105

entitled "Newport County Convention and Visitors' Bureau" are hereby amended to read as

follows:

42-105-1. Newport County convention and visitors' bureau -- Creation. -- (a) There is

authorized, created and established a public corporation ~~of the state~~ having a distinct legal

existence from the state and not constituting a department of state government, which is a

governmental agency and public instrumentality of the ~~state~~ municipalities within Newport

County, to be known as the "Newport County convention and visitors' bureau" with those powers

as are set forth in this chapter.

(b) The exercise by the corporation of the powers conferred by this chapter shall be

deemed and held to be the performance of an essential governmental function of the ~~state~~

municipalities within Newport County for public purposes. It is the intent of the general assembly

by the passage of this chapter, to vest in the corporation all powers, authority, rights, privileges,

and titles which may be necessary to enable it to accomplish the purposes herein set forth, and

this chapter and the powers granted hereby shall be liberally construed in conformity with those

purposes.

or until the corporation shall cease entirely and continuously to conduct or be involved in any

business whatsoever in the furtherance of its purposes.

(2) Upon termination of the existence of the corporation, all its rights and properties shall

pass to and be vested in the state. At no time shall the assets or other property of the corporation

inure to the benefit of any person or other corporation or entity.

42-105-2. Composition. -- (a) (i) The Newport County convention and visitors' bureau

shall be comprised of ~~thirteen (13)~~ fifteen (15) members who are residents of Newport County. as

~~follows: four (4) members of the house of representatives of whom may be members of the~~

~~general public appointed in lieu of legislative appointments, no more than three (3) from the same~~

~~political party, selected by the speaker; three (3) members from the senate, no more than two (2)~~

~~from the same political party, selected by the president of the senate of whom may be members of~~

~~the general public appointed in lieu of legislative appointments; one appointed by the governor;~~

~~one shall be a councilperson chosen by the city council of the city of Newport; one shall be a~~

~~councilperson chosen by the town council of the town of Middletown; and three (3) public~~

~~members, who shall be appointed by a majority of the members appointed by the speaker and~~

~~president of the senate. Public members shall serve for a term of two (2) years or until a successor~~

~~is appointed. All other members shall serve at the pleasure of their respective appointing~~

~~authorities.~~

(ii) All members of the bureau as of the effective date of this act shall cease to be

members of the authority on the effective date of this act, and the bureau shall thereupon be

reconstituted as follows:

(A) Three (3) members shall be appointed by the Newport City Council; two (2) of whom

shall be associated with the hospitality industry;

(B) Three (3) members shall be appointed by the Middletown Town Council; two (2) of

whom shall be associated with the hospitality industry;

associated with the hospitality industry;

(D) One member shall be appointed by the Portsmouth Town Council who shall be

associated with the hospitality industry;

(E) One member shall be appointed by the Tiverton Town Council who shall be

associated with the hospitality industry;

(F) One member shall be appointed by the Little Compton Town Council who shall be

associated with the hospitality industry; and

(G) Those members appointed pursuant to subsections (a)(ii)(A) through (a)(ii)(F) shall

thereupon appoint five (5) members, who shall be:

(I) One representative of hotels of more than one hundred (100) rooms;

(II) One representative of hotels, inns or bed-and-breakfasts of less than one hundred

(100) rooms;

(III) One representative of the restaurant industry;

(IV) One representative of the attractions industry; and

(V) One member of the general public.

(iii) All members of the public shall be appointed to serve terms of two (2) years.

Members of the bureau shall be eligible for reappointment.

(iv) No state legislator shall serve or be otherwise eligible for membership on the bureau.

(b) The members of the Newport County convention and visitors' bureau shall serve

without compensation and shall be residents of Newport County.

a time to be designated by the chairperson. Special meetings of the authority may be called by the

chairperson in accordance with the open meetings law. The chairperson shall be elected by the

membership of the authority.

SECTION 2. Chapter 42-105 of the General Laws entitled "Newport County Convention

and Visitors' Bureau" is hereby amended by adding thereto the following section:

42-105-10. Training. – The bureau shall conduct a training course for newly appointed

and qualified members and new designees of ex-officio members within six (6) months of their

qualification or designation. The course shall be developed by the chair of the bureau, approved

by the bureau, and conducted by the chair of the bureau. The bureau may approve the use of any

bureau or staff members or other individuals to assist with training. The training course shall

include instruction in the subject area of this chapter and chapters 42-46, 36-14 and 38-2; and the

bureau’s rules and regulations. The director of the department of administration shall, within

ninety (90) days of the effective date of this act, disseminate training materials relating to the

provisions of chapters 42-46, 36-14 and 38-2.

42-105-11. Annual report. – Within six (6) months after the close of its fiscal year the

bureau shall approve and submit an annual report to the governor, the speaker of the house of

representatives, the president of the senate, the secretary of state, and each of the following city

and town councils: Jamestown, Middletown, Newport, Portsmouth, Little Compton and Tiverton

of its activities during that fiscal year. The report shall provide: an operating statement

summarizing meetings or hearings held, meeting minutes if requested, subjects addressed,

decisions rendered, rules or regulations promulgated, studies conducted, policies and plans

developed, approved, or modified, and programs administered or initiated; a consolidated

financial statement of all funds received and expended including the source of the funds, a listing

of any staff supported by these finds, and a summary of any clerical administrative or technical

support received; a summary of performance during the previous fiscal year including

accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or

other legal matters related to the bureau; a summary of any training courses held pursuant to this

chapter; a briefing on anticipated activities in the upcoming fiscal year; and findings and

recommendations for improvements. The report shall be posted electronically on the general

assembly and the secretary of state’s websites as prescribed in section 42-20.8-2. The director of

the department of administration shall be responsible for the enforcement of this provision.

The bureau shall cause an audit of its books and accounts to be made at least once each

fiscal year by certified public accountants selected by it and its cost shall be paid by the bureau

from funds available to it pursuant to this chapter.

SECTION 3. This act shall take effect on September 1, 2005.

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LC00722/SUB B

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