Chapter 209 |
2023 -- S 0655 Enacted 06/21/2023 |
A N A C T |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- NEWPORT AND BRISTOL COUNTY CONVENTION AND VISITORS' BUREAU |
Introduced By: Senator Dawn M. Euer |
Date Introduced: March 07, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 42-105-1, 42-105-2, 42-105-3, 42-105-6, 42-105-8 and 42-105-10 |
of the General Laws in Chapter 42-105 entitled "Newport and Bristol County Convention and |
Visitors’ Bureau" are hereby amended to read as follows: |
42-105-1. Newport and Bristol County Convention and Visitors’ Bureau — Creation. |
(a) There is authorized, created, and established a public corporation 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 municipalities within Newport and Bristol |
Counties, to be known as the “Newport and Bristol County convention and visitors’ bureau” |
"Newport and Bristol County convention and visitors' bureau dba Discover Newport" with those |
powers as are set 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 municipalities within |
Newport and Bristol 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 that 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. |
(c)(1) The corporation and its corporate existence shall continue until terminated by law 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)(1) The Newport and Bristol County convention and visitors’ bureau Newport and |
Bristol County convention and visitors' bureau dba Discover Newport shall be comprised of |
eighteen (18) members who are residents of the state of Rhode Island, preferably from Newport |
and Bristol Counties. |
(2) All members of the bureau as of September 1, 2005, shall cease to be members of the |
authority on September 1, 2005, and the bureau shall thereupon the board of directors be |
reconstituted as follows: |
(i) Three (3) board members shall be appointed by the Newport City Council; two (2) of |
whom shall be associated with the hospitality industry within Newport and/or Bristol Counties; |
(ii) Three (3) board members shall be appointed by the Middletown Town Council; two (2) |
of whom shall be associated with the hospitality industry within Newport and/or Bristol Counties; |
(iii) One board member shall be appointed by the Jamestown Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; |
(iv) One board member shall be appointed by the Portsmouth Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; |
(v) One board member shall be appointed by the Tiverton Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; |
(vi) One board member shall be appointed by the Little Compton Town Council who shall |
be associated with the hospitality industry within Newport and/or Bristol Counties; |
(vii) One board member shall be appointed by the Bristol Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; |
(viii) One board member shall be appointed by the Warren Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; |
(ix) One board member shall be appointed by the Barrington Town Council who shall be |
associated with the hospitality industry within Newport and/or Bristol Counties; and |
(x) Those board members appointed pursuant to paragraph (i) — (ix) shall thereupon |
appoint five (5) board members, who shall be from Newport and/or Bristol Counties: |
(A) One representative of hotels of more than one hundred (100) rooms; |
(B) One representative of hotels, inns, or bed-and-breakfasts of less than one hundred (100) |
rooms; |
(C) One representative of the restaurant industry; |
(D) One representative of the attractions industry; and |
(E) One member of the general public to serve as an at-large representative who shall be |
associated with the hospitality industry. |
(3) Each board member shall be appointed to serve a term of three (3) years. Members of |
the board shall be eligible for appointment for two (2) consecutive terms or until their successor is |
appointed and qualified. |
(4) Those persons board members initially appointed under paragraphs (2)(i) and (2)(ii) of |
this section, shall serve initial terms of one year be Group A and terms shall expire in 2025, 2028, |
and every successive three-(3)year (3) period thereafter. |
(4)(5) Those persons board members initially appointed under paragraphs (2)(iii), (2)(iv), |
(2)(v), (2)(vi), (2)(vii), and (2)(viii) under this section shall serve initial terms of two (2) years be |
Group B and terms shall expire in 2023, 2026, and every successive three-(3)year (3) period |
thereafter. |
(5)(6) Those persons board members initially appointed under paragraphs (2)(ix) and (2)(x) |
of this section shall serve an initial term of three (3) years be Group C and terms shall expire in |
2024, 2027, and every successive three-(3)year (3) period thereafter. |
(6) Thereafter, all members shall be appointed to serve terms of three (3) years. Members |
of the bureau shall be eligible for appointment for two (2) consecutive terms. |
(7) The chairperson shall be elected by the members of the board of directors. |
(i) The chairperson may be permitted to serve up to two (2) additional one-year terms on |
the board; provided they are serving in the position of chair. |
(7)(8)(i) No state legislator shall serve or be otherwise eligible for membership on the |
bureau to serve on the board of directors of Discover Newport. |
(b)(ii) The members of the board of directors of the Newport and Bristol County |
convention and visitors’ bureau Discover Newport shall serve without compensation. |
(c)(iii) The Newport and Bristol County convention and visitors’ bureau Discover Newport |
shall meet every other month six (6) times a year at a time to be designated by the chairperson |
and/or president/CEO of Discover Newport. |
(iv) Special meetings of the authority Discover Newport may be called by the chairperson |
and/or president/CEO of Discover Newport in accordance with the open meetings law. The |
chairperson shall be elected by the membership of the authority. |
42-105-3. Purposes. |
The Newport and Bristol County convention and visitors’ bureau Newport and Bristol |
County convention and visitors' bureau dba Discover Newport is authorized, created, and |
established for the following purposes: |
(1) To establish an operating program to promote and encourage tourism; |
(2) To coordinate tourism activities within Newport and Bristol Counties and the state; |
(3) To establish a fund to promote and encourage tourism; and |
(4) To aid the municipalities in Newport and Bristol County in resolving problems which |
that may arise due to growth in the tourism industry and to improve the quality of life in Newport |
and Bristol County. |
42-105-6. Transfer of assets, rights, and responsibilities. |
All assets presently held by the Newport and Bristol tourism and convention authority are |
transferred to the corporation created by this chapter. Assets include all property, tangible and |
intangible, whether located within or without the state. Whenever in the general laws or any public |
law reference is made to the Newport and Bristol tourism and convention authority, the Newport |
and Bristol County convention and visitors’ bureau Newport and Bristol County convention and |
visitors' bureau dba Discover Newport shall be substituted, and the bureau shall assume all |
responsibilities and rights as may be set forth in the general or public law. |
42-105-8. Audits Audits and Annual Report annual report. |
The books of the Newport and Bristol County convention and visitors’ bureau Newport |
and Bristol County convention and visitors' bureau dba Discover Newport as they pertain to the |
revenues derived from the room tax shall be audited by an independent certified public accountant |
annually who shall make a report to the bureau, Discover Newport board of directors within six (6) |
months after the close of the fiscal year. Included with the audit shall be the management's |
discussion and analysis (MD&A), which will serve as the annual report. The MD&A shall include |
an organization chart, a summary of performance of sales and marketing activities during the fiscal |
year under audit, highlights of next year's fiscal budget, and a schedule of the following calendar |
year's meetings. Discover Newport shall file copies of the annual audit with the speaker of the |
house of representatives, the president of the senate, the governor, and to each city or town council |
in Newport and Bristol County. |
42-105-10. Training. |
The bureau shall conduct a training course for newly appointed and qualified members of |
the board 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 chapter 46 of this title, 14 of title 36 and chapter 2 |
of title 38; and the bureau’s rules and regulations. The director of the department of administration |
shall, The president and CEO of Newport and Bristol County convention and visitors' bureau dba |
Discover Newport shall, within ninety (90) days of the effective date of this act a member of the |
board of directors being appointed, disseminate training materials relating to the provisions of |
chapters chapter 46 of this title, 14 of title 36 and chapter 2 of title 38. |
SECTION 2. Section 42-105-11 of the General Laws in Chapter 42-105 entitled "Newport |
and Bristol County Convention and Visitors’ Bureau" is hereby repealed. |
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 § 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 upon passage. |
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LC002232 |
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