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Rhode Island Senate Bill S0655

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0655 Compare Versions

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55 2023 -- S 0655
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- NEWPORT AND BRISTOL
1616 COUNTY CONVENTION AN D VISITORS' BUREAU
1717 Introduced By: Senator Dawn M. Euer
1818 Date Introduced: March 07, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 42-105-1, 42-105-2, 42-105-3, 42-105-6, 42-105-8 and 42-105-10 1
2424 of the General Laws in Chapter 42-105 entitled "Newport and Bristol County Convention and 2
2525 Visitors’ Bureau" are hereby amended to read as follows: 3
2626 42-105-1. Newport and Bristol County Convention and Visitors’ Bureau — Creation. 4
2727 (a) There is authorized, created and established a public corporation having a distinct legal 5
2828 existence from the state and not constituting a department of state government, which is a 6
2929 governmental agency and public instrumentality of the municipalities within Newport and Bristol 7
3030 Counties, to be known as the “Newport and Bristol County convention and visitors’ bureau” 8
3131 "Newport and Bristol County convention and visitors' bureau dba Discover Newport" with those 9
3232 powers as are set convention and visitors’ bureau” with those powers as are set forth in this chapter. 10
3333 (b) The exercise by the corporation of the powers conferred by this chapter shall be deemed 11
3434 and held to be the performance of an essential governmental function of the municipalities within 12
3535 Newport and Bristol County for public purposes. It is the intent of the general assembly by the 13
3636 passage of this chapter, to vest in the corporation all powers, authority, rights, privileges, and titles 14
3737 which may be necessary to enable it to accomplish the purposes herein set forth, and this chapter 15
3838 and the powers granted hereby shall be liberally construed in conformity with those purposes. 16
3939 (c)(1) The corporation and its corporate existence shall continue until terminated by law or 17
4040 until the corporation shall cease entirely and continuously to conduct or be involved in any business 18
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4444 whatsoever in the furtherance of its purposes. 1
4545 (2) Upon termination of the existence of the corporation, all its rights and properties shall 2
4646 pass to and be vested in the state. At no time shall the assets or other property of the corporation 3
4747 inure to the benefit of any person or other corporation or entity. 4
4848 42-105-2. Composition. 5
4949 (a)(1) The Newport and Bristol County convention and visitors’ bureau Newport and 6
5050 Bristol County convention and visitors' bureau dba Discover Newport shall be comprised of 7
5151 eighteen (18) members who are residents of the state of Rhode Island, preferably from Newport 8
5252 and Bristol Counties. 9
5353 (2) All members of the bureau as of September 1, 2005 shall cease to be members of the 10
5454 authority on September 1, 2005, and the bureau shall thereupon the board of directors be 11
5555 reconstituted as follows: 12
5656 (i) Three (3) board members shall be appointed by the Newport City Council; two (2) of 13
5757 whom shall be associated with the hospitality industry within Newport and/or Bristol Counties; 14
5858 (ii) Three (3) board members shall be appointed by the Middletown Town Council; two (2) 15
5959 of whom shall be associated with the hospitality industry within Newport and/or Bristol Counties; 16
6060 (iii) One board member shall be appointed by the Jamestown Town Council who shall be 17
6161 associated with the hospitality industry within Newport and/or Bristol Counties; 18
6262 (iv) One board member shall be appointed by the Portsmouth Town Council who shall be 19
6363 associated with the hospitality industry within Newport and/or Bristol Counties; 20
6464 (v) One board member shall be appointed by the Tiverton Town Council who shall be 21
6565 associated with the hospitality industry within Newport and/or Bristol Counties; 22
6666 (vi) One board member shall be appointed by the Little Compton Town Council who shall 23
6767 be associated with the hospitality industry within Newport and/or Bristol Counties; 24
6868 (vii) One board member shall be appointed by the Bristol Town Council who shall be 25
6969 associated with the hospitality industry within Newport and/or Bristol Counties; 26
7070 (viii) One board member shall be appointed by the Warren Town Council who shall be 27
7171 associated with the hospitality industry within Newport and/or Bristol Counties; 28
7272 (ix) One board member shall be appointed by the Barrington Town Council who shall be 29
7373 associated with the hospitality industry within Newport and/or Bristol Counties; and 30
7474 (x) Those board members appointed pursuant to paragraph (i) — (ix) shall thereupon 31
7575 appoint five (5) board members, who shall be from Newport and/or Bristol Counties: 32
7676 (A) One representative of hotels of more than one hundred (100) rooms; 33
7777 (B) One representative of hotels, inns or bed-and-breakfasts of less than one hundred (100) 34
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8181 rooms; 1
8282 (C) One representative of the restaurant industry; 2
8383 (D) One representative of the attractions industry; and 3
8484 (E) One member of the general public to serve as an at-large representative who shall be 4
8585 associated with the hospitality industry. 5
8686 (3) Each board member shall be appointed to serve a term of three (3) years. Members of 6
8787 the board shall be eligible for appointment for two (2) consecutive terms or until their successor is 7
8888 appointed and qualified. 8
8989 (4) Those persons board members initially appointed under paragraphs (2)(i) and (2)(ii) of 9
9090 this section, shall serve initial terms of one year be Group A and terms shall expire in 2025, 2028, 10
9191 and every successive three (3) year period thereafter. 11
9292 (4)(5) Those persons board members initially appointed under paragraphs (2)(iii), (2)(iv), 12
9393 (2)(v), (2)(vi), (2)(vii), and (2)(viii) under this section shall serve initial terms of two (2) years be 13
9494 Group B and terms shall expire in 2023, 2026, and every successive three (3) year period thereafter. 14
9595 (5)(6) Those persons board members initially appointed under paragraphs (2)(ix) and (2)(x) 15
9696 of this section shall serve an initial term of three (3) years be Group C and terms shall expire in 16
9797 2024, 2027, and every successive three (3) year period thereafter. 17
9898 (6) Thereafter, all members shall be appointed to serve terms of three (3) years. Members 18
9999 of the bureau shall be eligible for appointment for two (2) consecutive terms. 19
100100 (7) The chairperson shall be elected by the members of the board of directors. 20
101101 (i) The chairperson may be permitted to serve up to two (2) additional one-year terms on 21
102102 the board; provided they are serving in the position of chair. 22
103103 (7)(8)(i) No state legislator shall serve or be otherwise eligible for membership on the 23
104104 bureau to serve on the board of directors of Discover Newport. 24
105105 (b)(ii) The members of the board of directors of the Newport and Bristol County 25
106106 convention and visitors’ bureau Discover Newport shall serve without compensation. 26
107107 (c)(iii) The Newport and Bristol County convention and visitors’ bureau Discover Newport 27
108108 shall meet every other month six (6) times a year at a time to be designated by the chairperson 28
109109 and/or president/CEO of Discover Newport. 29
110110 (iv) Special meetings of the authority Discover Newport may be called by the chairperson 30
111111 and/or president/CEO of Discover Newport in accordance with the open meetings law. The 31
112112 chairperson shall be elected by the membership of the authority. 32
113113 42-105-3. Purposes. 33
114114 The Newport and Bristol County convention and visitors’ bureau Newport and Bristol 34
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118118 County convention and visitors' bureau dba Discover Newport is authorized, created, and 1
119119 established for the following purposes: 2
120120 (1) To establish an operating program to promote and encourage tourism; 3
121121 (2) To coordinate tourism activities within Newport and Bristol Counties and the state; 4
122122 (3) To establish a fund to promote and encourage tourism; and 5
123123 (4) To aid the municipalities in Newport and Bristol County in resolving problems which 6
124124 may arise due to growth in the tourism industry and to improve the quality of life in Newport and 7
125125 Bristol County. 8
126126 42-105-6. Transfer of assets, rights, and responsibilities. 9
127127 All assets presently held by the Newport and Bristol tourism and convention authority are 10
128128 transferred to the corporation created by this chapter. Assets include all property, tangible and 11
129129 intangible whether located within or without the state. Whenever in the general laws or any public 12
130130 law reference is made to the Newport and Bristol tourism and convention authority, the Newport 13
131131 and Bristol County convention and visitors’ bureau Newport and Bristol County convention and 14
132132 visitors' bureau dba Discover Newport shall be substituted, and the bureau shall assume all 15
133133 responsibilities and rights as may be set forth in the general or public law. 16
134134 42-105-8. Audits Audits and Annual Report. 17
135135 The books of the Newport and Bristol County convention and visitors’ bureau Newport 18
136136 and Bristol County convention and visitors' bureau dba Discover Newport as they pertain to the 19
137137 revenues derived from the room tax shall be audited by an independent certified public accountant 20
138138 annually who shall make a report to the bureau, Discover Newport board of directors within six (6) 21
139139 months after the close of the fiscal year. Included with the audit shall be the management's 22
140140 discussion and analysis (MD&A), which will serve as the annual report. The MD&A shall include 23
141141 an organization chart, a summary of performance of sales and marketing activities during the fiscal 24
142142 year under audit, highlights of next year's fiscal budget, and a schedule of the following calendar 25
143143 year's meetings. Discover Newport shall file copies of the annual audit with the speaker of the 26
144144 house of representatives, the president of the senate, the governor, and to each city or town council 27
145145 in Newport and Bristol County. 28
146146 42-105-10. Training. 29
147147 The bureau shall conduct a training course for newly appointed and qualified members of 30
148148 the board and new designees of ex-officio members within six (6) months of their qualification or 31
149149 designation. The course shall be developed by the chair of the bureau, approved by the bureau, and 32
150150 conducted by the chair of the bureau. The bureau may approve the use of any bureau or staff 33
151151 members or other individuals to assist with training. The training course shall include instruction 34
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155155 in the subject area of this chapter and chapters chapter 46 of this title, 14 of title 36 and chapter 2 1
156156 of title 38; and the bureau’s rules and regulations. The director of the department of administration 2
157157 shall, The president and CEO of Newport and Bristol County convention and visitors' bureau dba 3
158158 Discover Newport shall, within ninety (90) days of the effective date of this act a member of the 4
159159 board of directors being appointed, disseminate training materials relating to the provisions of 5
160160 chapters chapter 46 of this title, 14 of title 36 and chapter 2 of title 38. 6
161161 SECTION 2. Section 42-105-11 of the General Laws in Chapter 42-105 entitled "Newport 7
162162 and Bristol County Convention and Visitors’ Bureau" is hereby repealed. 8
163163 42-105-11. Annual report. 9
164164 Within six (6) months after the close of its fiscal year the bureau shall approve and submit 10
165165 an annual report to the governor, the speaker of the house of representatives, the president of the 11
166166 senate, the secretary of state, and each of the following city and town councils: Jamestown, 12
167167 Middletown, Newport, Portsmouth, Little Compton and Tiverton of its activities during that fiscal 13
168168 year. The report shall provide: an operating statement summarizing meetings or hearings held, 14
169169 meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations 15
170170 promulgated, studies conducted, policies and plans developed, approved, or modified, and 16
171171 programs administered or initiated; a consolidated financial statement of all funds received and 17
172172 expended including the source of the funds, a listing of any staff supported by these finds, and a 18
173173 summary of any clerical administrative or technical support received; a summary of performance 19
174174 during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis 20
175175 of hearings, complaints, suspensions, or other legal matters related to the bureau; a summary of any 21
176176 training courses held pursuant to this chapter; a briefing on anticipated activities in the upcoming 22
177177 fiscal year; and findings and recommendations for improvements. The report shall be posted 23
178178 electronically on the general assembly and the secretary of state’s websites as prescribed in § 42-24
179179 20-8.2. The director of the department of administration shall be responsible for the enforcement 25
180180 of this provision. 26
181181 The bureau shall cause an audit of its books and accounts to be made at least once each 27
182182 fiscal year by certified public accountants selected by it and its cost shall be paid by the bureau 28
183183 from funds available to it pursuant to this chapter. 29
184184 SECTION 3. This act shall take effect upon passage. 30
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191191 EXPLANATION
192192 BY THE LEGISLATIVE COUNCIL
193193 OF
194194 A N A C T
195195 RELATING TO STATE AFFAIRS AND GOVERNMENT -- NEWPORT AND BRISTOL
196196 COUNTY CONVENTION AND VISITORS' BUREAU
197197 ***
198198 This act would make amendments to the general laws relative to the Newport and Bristol 1
199199 county convention and visitors' bureau including extending the terms of the board members, and 2
200200 requiring the board to generate a management's discussion and analysis, which shall serve as the 3
201201 annual report. 4
202202 This act would take effect upon passage. 5
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