Chapter 033

2006 -- S 2594 SUBSTITUTE A

Enacted 06/01/06

A N A C T

RELATING TO WATERS AND NAVIGATION

Introduced By: Senators Cote, and Lenihan

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 46-9-5 and 46-9-6 of the General Laws in Chapter 46-9 entitled

"Pilots - Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries" are hereby

amended to read as follows:

46-9-5. Pilotage commission. -- (a) There is hereby created a state pilotage commission

within the department of environmental management independent of the department and the

director, consisting of four (4) members, two (2) of whom shall be appointed by the governor. Of

the members appointed by the governor, one shall be a licensed pilot with five (5) years active

service on the waters of this state, and one shall represent the public. The chief of the division of

the coastal resources associate director of the bureau of natural resources within the department of

environmental management, or his/her designee and the director of the department of

environmental management or his/her designee shall serve as ex officio members of the

commission. Each appointed member of the commission shall serve for a term of three (3) years

and until his or her successor shall be appointed and qualified. In the month of February, the

governor shall appoint a member to hold office until the first day of March in the third year of his

or her appointment, and until his or her successor shall be appointed and qualified to succeed the

member whose term shall next expire.

Gubernatorial appointments made under this section after the effective date of this act

shall be subject to the advice and consent of the senate.

      (b) Any vacancy which may occur in the commission shall be filled by the governor as

in the case of an original appointment for the remainder of the unexpired term. Any member shall

be eligible to succeed him or herself.

(c) The members of the commission shall not be compensated for their services but shall

be allowed their necessary travel expenses.

(c) Newly appointed and qualified public members and designees of ex-officio members

shall, within six (6) months of their qualification or designation, attend a training course that shall

be developed with commission approval and conducted by the chair of the commission and shall

include instruction in the following areas: the provisions of chapters 46-9, 42-46, 36-14 and 38-2

and the commission's rules and regulations. The director of the department of administration

shall, within ninety (90) days of the effective date of this act, prepare and disseminate training

materials relating to the provisions of chapters 42-46, 36-14 and 38-2.29.

(d) Members of the commission shall be removable by the governor pursuant to section

36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reason

unrelated to capacity or fitness for the office shall be unlawful.

46-9-6. Duties of commission. -- The commission shall perform the duties and have the

powers set forth in this section as well as other duties and powers as may be provided by law:

      (1) To make, establish, and enforce rules and regulations, not inconsistent with law,

which shall be binding and effectual upon all pilots licensed by the commission, all vessels

subject to this chapter, and all parties employing the pilots; and, from time to time, revise or

amend the rules and regulations as may be necessary to enable the commission to carry into effect

and enforce the provisions of this chapter; the rules and regulations shall include, but not be

limited to, those rules and regulations necessary to enable the commission to respond to

emergencies or catastrophic conditions as may occur, whether environmental or otherwise. The

rules and regulations shall formalize and detail the authority of the commission over individual

bay pilots in relation to other state, federal, and municipal agencies, and any other public safety

programs;

      (2) To make and establish rates of pilotage for vessels that are subject to the provisions

of this chapter;

      (3) To establish and determine the qualifications of any person applying for a pilot's

license and conduct examination;

      (4) To issue, suspend, or revoke any pilot's license in accordance with the provisions of

this chapter;

      (5) To take any action that is necessary to cause the laws, rules, and regulations

concerning pilots and pilotage matters to be fully observed and executed;

      (6) To hear and decide complaints made in writing against any pilot, pilot's agent or

employee, or person subject to the provisions of this chapter for any misbehavior or neglect of or

breach of rules or regulations of the commission which it shall deem material to be investigated;

      (7) To hear and decide complaints made in writing by any pilot against any charterer,

owner, agent, master, or sailor of a vessel for any misbehavior toward that pilot in the

performance of the pilot's duty, or for any breach of the rules and regulations;

      (8) To have the power and authority to take testimony and evidence and administer oaths

and compel the attendance of witnesses and issue and serve witness subpoenas and subpoenas

duces tecum at any hearings that it may conduct; provided, further, that the commission shall

conduct at least one public hearing annually, duly advertised, to hear and receive complaints and

comments from individual pilots, associations, or other public or private agencies with regard to

any matters that may properly come within the jurisdiction of the commission;

      (9) To make an annual report to the director of environmental management for the

preceding calendar year, together with the amounts of pilotage collected by the pilots and the

amounts paid to the state. The report shall also include but not be limited to:

      (i) A review and synopsis of commission activities and administrative proceedings;

      (ii) A fiscal report and recommendations on fee collections;

      (iii) A synopsis of hearings, complaints, suspensions, or other legal matters related to the

authority of the commission;

      (iv) A review of goals established and findings and recommendations on commission

activity.

      (10) To establish criteria for the training, experience, ability, knowledge, aptitude, skill,

and professional qualifications of pilots and establish and determine the training, experience,

ability, knowledge, aptitude, skill, and professional qualifications requirements necessary to make

any person eligible to apply for a pilot's license and to conduct examinations, and, in this

connection, to appoint a special board of state licensed pilots to supervise the training and

instructions of those persons seeking eligibility to apply for a pilot's license, and to certify their

experience, competency, ability, knowledge, skill, aptitude, education, and training in accordance

with criteria established by the commission and in accordance with the rules and regulations of

the commission;

      (11) To require an applicant for a license or a licensed pilot to submit proof of the

applicant's mental or physical capability to serve or continue to serve;

      (12) To institute proceedings in the appropriate courts in this state to restrain and enjoin

actions when any violation of this chapter or rule promulgated thereunder has occurred or is

threatened by any person;

      (13) To require holders of licenses or certificates, and applicants for licenses or

certificates, to submit pertinent information under oath necessary to determine their qualifications

or to enforce the provisions of this chapter;

      (14) To regulate the station and operation of any pilot boat within the waters of the state

used for the purpose of boarding or disembarking any pilot and to designate the areas in which

the vessels shall be boarded or left by the pilots; and

      (15) To require the reporting of all maritime accidents pursuant to the regulations of the

commission.

(16) Within ninety (90) days after the end of each fiscal year, the commission shall

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

the president of the senate, and the secretary of state, 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 funds, 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 authority of the

commission; a summary of any training courses held pursuant to subsection 46-9-5(d); 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 of the Rhode Island general laws. The

director of the department of administration shall be responsible for the enforcement of this

provision.

     SECTION 2. This act shall take effect upon passage.

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LC01812/SUB A/2

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