§ 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 associate director of the bureau of natural resources within the department of environmental management, or his or her designee, and the director of the department of environmental management, or his or 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 [April 20, 2006] 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 himself or herself.
(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 [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.
(d) Members of the commission shall be removable by the governor pursuant to § 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.
History of Section.P.L. 1981, ch. 388, § 2; P.L. 2005, ch. 117, art. 21, § 32; P.L. 2006, ch. 24, § 1; P.L. 2006, ch. 33, § 1.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-9 - Pilots — Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries
Section 46-9-1. - Declaration of policy.
Section 46-9-2. - Vessels required to employ state licensed pilot — “Vessel” defined.
Section 46-9-3. - Vessels exempt from chapter.
Section 46-9-4. - Piloting without license.
Section 46-9-4.1. - Piloting without charts.
Section 46-9-5. - Pilotage commission.
Section 46-9-6. - Duties of commission.
Section 46-9-7. - Qualifications for original license.
Section 46-9-8. - Regulation of pilot boats.
Section 46-9-9. - Temporary pilot licenses — Emergencies.
Section 46-9-10. - Examination of applicants.
Section 46-9-11. - Deferment of applications for future examination.
Section 46-9-12. - Duration and renewal of licenses.
Section 46-9-13. - License fees.
Section 46-9-14. - Fall River pilots.
Section 46-9-15. - Prior licensees.
Section 46-9-16. - Pilot’s bond.
Section 46-9-17. - Liability for fees.
Section 46-9-18. - Lien for pilotage fees.
Section 46-9-19. - Commissions prohibited.
Section 46-9-20. - Accounts of fees — Payments to state — Use of funds.
Section 46-9-21. - Payment of pilotage fees.
Section 46-9-22. - Grounds for disciplinary action.
Section 46-9-22.1. - Grounds for minor disciplinary action.
Section 46-9-22.2. - Chemical test — Consent — Administration — Use as evidence — Refusal to submit.
Section 46-9-23. - Contest — Notice and opportunity to be heard.
Section 46-9-24. - Reinstatement following suspension.
Section 46-9-25. - Appeals from commission.
Section 46-9-26. - Penalty for violations.
Section 46-9-27. - Criminal penalty for intentional or grossly negligent violation — Felony.
Section 46-9-28. - Penalties — Misdemeanor.
Section 46-9-29. - Proceedings for enforcement — Injunctive relief.
Section 46-9-30. - Surrender of suspended or revoked license.
Section 46-9-31. - Appropriations.
Section 46-9-32. - Quarters and personnel for commission.