reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22 - Regulation of Boats › Section 46-22-26. - Severability.

§ 46-22-26. Severability.
If any provision of this chapter, or the application thereof to any person or circumstances, shall be held invalid, any invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1990, ch. 65, art. 24, § 8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-1. - Short title.

§ 46-22.1-1. Short title.
This chapter may be cited as the “Uniform Boat Titling Act”.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-3.1. - Registration without certificate of title.

§ 46-22.1-3.1. Registration without certificate of title.
If an applicant is unable to provide a valid certificate of title for a vessel required to be titled under the provisions of this chapter then:
(1)
As a condition of issuing a certificate of title, the department may accept a surety bond, in an amount equal to the value of the boat, which shall be conditioned to protect the department and all officers and employees of the department, any subsequent purchaser of the boat, any person holding or acquiring a lien or security interest on the boat, and any successor in interest of said purchaser or person, against any loss or damage on account of any defect in or undisclosed claim upon the right, title and interest of the applicant or other person in and to the boat. Any aforementioned interested person shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire no later than three (3) years after the date it became effective.
(2)
In the alternative, an applicant may apply to the superior court for a hearing to determine the title to the vessel. The superior court shall require advertisement once a week for two (2) consecutive weeks in a paper of statewide circulation, and notice by certified mail return receipt requested to: (i) the department of environmental management; and (ii) any and all registered owners, title or lien holders, at their last known address, at least ten (10) days prior to the hearing date, together with any other provisions for notice the court may require. The burden shall be on the applicant to demonstrate ownership of the boat to the court, by a preponderance of the evidence, prior to the issuance of the title. After a hearing, the superior court shall issue an appropriate order. The superior court may order the department to title the vessel in the name of the applicant. Said order issued by the court shall protect the department, all officers and employees of the department, any subsequent purchaser of the boat, any person holding or acquiring a lien or security interest on the boat, and any successor in interest of said purchaser or person against any loss or damage on account of any defect in or undisclosed claim upon the right, title and interest of the applicant or other person in and to the boat.
History of Section.
P.L. 2004, ch. 33, § 1; P.L. 2004, ch. 61, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-4. - Fees — Duplicates.

§ 46-22.1-4. Fees — Duplicates.
(a)
The department shall charge a twenty-five ($25.00) fee to issue a certificate of title, and a five dollar ($5.00) fee to transfer a title, or issue a corrected and duplicate certificate of title. A fifteen dollar ($15.00) late fee shall be charged to any owner not timely filing an application for a title certificate under § 46-22.1-3.
(b)
If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lien holder or, if there is none, the owner named in the certificate, as shown by the departments’ records shall, within thirty (30) days, obtain a duplicate by applying to the department. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, disappearance, mutilation, or destruction as the department may require. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate and required fee.
(c)
The duplicate certificate of title shall be marked plainly
“duplicate”
across the face, and may be mailed or delivered to the applicant.
(d)
If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.
History of Section.
P.L. 1988, ch. 555, § 1; P.L. 2004, ch. 595, art. 33, § 9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-5. - Obtaining manufacturer’s or importer’s statement of origin.

§ 46-22.1-5. Obtaining manufacturer’s or importer’s statement of origin.
A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer’s or importer’s statement of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain such information as the department may require.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-6. - Hull identification number of vessel.

§ 46-22.1-6. Hull identification number of vessel.
(a)
Every vessel whose construction began after October 31, 1972 shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq. The department shall determine the procedures for application and issuance of the hull identification number for homemade boats.
(b)
A person may not destroy, remove, alter, cover, deface, or mutilate the manufacturer’s hull identification number, the plate bearing it, or any hull identification number the department assigns to any vessel without the departments’ permission.
(c)
A vessel owner who is assigned a
“R.I.Z.”
hull identification number for his or her homemade boat must permanently affix the number to his or her vessel. He or she shall carve, burn, stamp, emboss, mold, bond, or otherwise permanently affix the number to the exterior starboard side of the transon, and place the number at a second location known only to him or her. The number shall be no less than one-quarter (¼) of an inch high.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-7. - Dealer’s record of vessels bought, sold, or transferred.

§ 46-22.1-7. Dealer’s record of vessels bought, sold, or transferred.
Every dealer shall maintain for three (3) years a record of any vessel he or she bought, sold, exchanged, or received for sale or exchange. These records shall be open to inspection by the department representatives and agents, during reasonable business hours.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-8. - Transfer or repossession of vessel by operation of law.

§ 46-22.1-8. Transfer or repossession of vessel by operation of law.
If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty (30) days after he or she has acquired the right to possession of the vessel by operation of law, shall mail or deliver to the department satisfactory proof of his or her ownership as the department requires together with an application for a new or transfer certificate of title, and the required fee.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-8.1. - Transfer of title by intestate succession.

§ 46-22.1-8.1. Transfer of title by intestate succession.
(a)
Unless otherwise provided in the last will and testament of a decedent, any vessel(s) owned by the decedent shall belong, and title to the vessel(s) shall pass, to the surviving spouse.
(b)
The assistant director for the department of environmental management shall register the vessel(s) in the name of the surviving spouse upon presentation of the death certificate and registration of the vessel(s) of the decedent to the department of environmental management.
History of Section.
P.L. 2001, ch. 222, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-9. - Security interest in vessels — Exemptions.

§ 46-22.1-9. Security interest in vessels — Exemptions.
Sections 46-22.1-10 — 46-22.1-17 do not apply to or affect:
(1)
A lien given by statute or rule of law to a supplier of services or materials for the vessel;
(2)
A lien given by statute to the United States, this state, or any political subdivision of this state;
(3)
A security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest;
(4)
Any lien arising out of an attachment of a vessel;
(5)
Any security interest claimed on proceeds, as defined in subdivision (2), if the original security interest did not have to be noted on the certificate of title in order to be perfected; or
(6)
Any vessel for which a certificate of title is not required under this chapter.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-10. - Perfection generally.

§ 46-22.1-10. Perfection generally.
(a)
Unless excepted by § 46-22.1-9, a security interest in a vessel is not valid against creditors of the owners or subsequent transferees or secured parties of the vessel unless perfected as provided under §§ 46-22.1-10 — 46-22.1-17.
(b)
A security interest is perfected by the delivery to the department of the existing certificate of title, if any, or if there is no certificate of title, an application for certificate of title on a form provided and approved by the department containing information regarding the security interest, and upon payment of a filing fee of fifteen dollars ($15.00).
(c)
If a vessel is already subject to a security interest when it is brought into this state, the validity of the security interest in this state is to be determined by the law (including conflict of law rules) of the jurisdiction where the vessel was when the security interest attached, subject to the following:
(1)
If the parties to the transaction understood at the time the security interest attached to that the vessel would be kept in this state, and it was brought into this state within thirty (30) days after the security interest attached for a purpose other than transportation through this state, the validity of the security interest in this state is to be determined by the law of this state.
(2)
If the security interest was already affected under the laws of the jurisdiction where the vessel was when the security interest attached and before being brought into this state:
(i)
If the name of the secured party is shown on an existing certificate of title issued by that jurisdiction or the security interest continues perfected in this state;
(ii)
If the name of the secured party is not shown on the existing certificate of title issued by that jurisdiction, and if the law of that jurisdiction does not provide for a certificate of title disclosing security interests, the security interest continues perfected in this state for four (4) months, and thereafter, if within the four (4) month period it is perfected in this state. This security interest may also be perfected in this state after the expiration of the four (4) month period in which case perfection dates from the time of perfection in this state; or
(iii)
If the security interest was not perfected under the law of the jurisdiction in which the vessel was when the security interest attached before being brought into this state, it may be perfected in this state; in which case perfection dates from the time of perfection in this state.
History of Section.
P.L. 1988, ch. 555, § 1; P.L. 2000, ch. 182, § 12; P.L. 2000, ch. 420, § 12.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-11. - Execution of application — Time when perfected — Endorsement of certificate.

§ 46-22.1-11. Execution of application — Time when perfected — Endorsement of certificate.
If an owner creates a security interest in a vessel:
(1)
The owner immediately shall:
(i)
Execute the space provided on the certificate of title or a separate form the department prescribes, naming the secured party on the certificate of title showing the name and address of the secured party, the amount of the security interest, and the date of the security agreement, and
(ii)
Cause the certificate of title and application to be delivered to the department.
(2)
At the time of delivery of the documents described in subdivision (1) of this section to the department, the secured party shall pay to the department a filing fee as required for perfection of the security interest under § 46-22.1-10(b).
(3)
Upon receipt of the certificate of title, application, and the required filing fee, the department shall endorse on the existing certificate of title or on a new certificate which it then issues, the name and address of all secured parties, and mail or deliver the certificate of title to the secured party.
History of Section.
P.L. 1988, ch. 555, § 1; P.L. 2000, ch. 182, § 12; P.L. 2000, ch. 420, § 12.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-12. - Assignability.

§ 46-22.1-12. Assignability.
(a)
A secured party may assign, absolutely or otherwise, all or part of a security interest in the vessel to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest, and the secured party remains liable for any obligations as secured party until the assignee is named as secured party on the certificate of title.
(b)
The assignee shall deliver to the department the certificate of title if available and an assignment by the secured party named in the certificate of title in the form the department may prescribe, accompanied by a filing fee as required for perfection of the security interest under § 46-22.1-10(b). The assignee’s security interest is perfected as of the time of its creation if delivery and payment to the department are completed within ten (10) days of the date of its creation, otherwise perfection is as of the time of its delivery and payment.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-13. - Relief upon satisfaction.

§ 46-22.1-13. Relief upon satisfaction.
(a)
Upon the satisfaction of a security interest in a vessel, the secured party shall securely attach to the certificate of title a release of security interest, in whatever form as may be prescribed by or acceptable to the department and shall within fifteen (15) days mail or deliver the certificate of title with attached release to the owner and a copy of the release to the department. Upon receipt, the department shall update its records to reflect the release. Upon request of the owner and the receipt by the department of the certificate of title with attached release, the department may issue a new certificate of title to the owner upon receipt of a fee of five dollars ($5.00).
(b)
If the department determines, after a hearing and following due notice to all interested parties, that an indebtedness does not constitute a security interest, it shall release the indebtedness upon the certificate of title or issue a new certificate of title, and mail or deliver the certificate of title to the owner. Any person aggrieved by the decision of the department may file an appeal in accordance with the provisions of the Administrative Procedure Act, chapter 35 of title 42.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-14. - Adoption of rules and regulations.

§ 46-22.1-14. Adoption of rules and regulations.
The department shall adopt the necessary rules and regulations to implement the provision of §§ 46-22.1-3 — 46-22.1-17. The department shall further adopt the substantive provisions of the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq., as well as the rules and regulations of the Coast Guard concerning hull identification numbers adopted in August of 1984.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-15. - Disclosure of information.

§ 46-22.1-15. Disclosure of information.
A secured party named in a certificate of title, on written request of the owner, shall disclose to the owner any pertinent information as to the security agreement and indebtedness secured by it in accordance with the commercial laws or articles of the state.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-16. - Exclusive method.

§ 46-22.1-16. Exclusive method.
The method provided in §§ 46-22.1-10 — 46-22.1-16 of perfecting and giving notice of security interest shall be exclusive.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-17. - Forms and investigations.

§ 46-22.1-17. Forms and investigations.
(a)
The department shall prescribe and provide suitable forms of applications, certificate of title, notices of security interest, and all other notices and forms necessary to carry out §§ 46-22.1-3 — 46-22.1-17.
(b)
The department may make any investigation it deems necessary to procure information required to carry out §§ 46-22.1-3 — 46-22.1-17.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.1 - Uniform Boat Title Act › Section 46-22.1-19. - Severability.

§ 46-22.1-19. Severability.
If any provision of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the parts had not been included therein.
History of Section.
P.L. 1988, ch. 555, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-1. - Short title.

§ 46-22.2-1. Short title.
This chapter shall be known as “The Alcohol Boating Safety Act”.
History of Section.
P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-2. - Definitions.

§ 46-22.2-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1)
“Chemical test”
means an analysis of a person’s blood, breath, urine, or other bodily substance for the determination of the presence of alcohol or a controlled substance.
(2)
“Controlled substance”
means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
(3)
“Intoxicated”
means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance, or any combination of alcohol, controlled substance, or drugs, so that there is impaired thought and action and loss of normal control of a person’s faculties to such an extent as to endanger any person.
(4)
“Law enfordement officer”
means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state and includes environmental police officers employed by the department of environmental management.
(5)
“Prima facie evidence of intoxication”
includes evidence that at the time of an alleged violation there was eight hundredths of one percent (.08%), or more, by weight of alcohol in the person’s blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person’s blood if under the age of twenty-one (21).
(6)
“Relevant evidence”
includes evidence that at the time of the alleged violation there was at least five hundredths of one percent (.05%) but less than eight hundredths of one percent (.08%) by weight of alcohol in the person’s blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person’s blood if under the age of twenty-one (21).
(7)
“Watercraft”
means a device for transportation by water.
(8)
“Serious bodily injury”
means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(9)
“Blood alcohol level”
means the percent by weight of alcohol in a person’s blood, based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(10)
“Operator”
means the person who is steering a watercraft as it is underway.
(11)
“Underway”
means that a watercraft is not at anchor or made fast to shore or ground.
History of Section.
P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1; P.L. 2009, ch. 250, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-3.1. - Additional penalties for underage offenders.

§ 46-22.2-3.1. Additional penalties for underage offenders.
If not otherwise subject to a penalty for violations of this chapter contained in § 46-22.2-3, any watercraft operator under the age of twenty-one (21) years of age who violates any provision of this chapter may be assessed the following additional penalties:
(1)
Suspension of motor vehicle operator’s license for one year;
(2)
Suspension of the right to operate a watercraft for an additional period of three (3) months to six (6) months;
(3)
Suspension of owner’s/operator’s registration of the watercraft that was being operated at the time of this chapter’s violation.
History of Section.
P.L. 2009, ch. 250, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-6. - Admissibility of evidence.

§ 46-22.2-6. Admissibility of evidence.
At any proceeding concerning an offense under this chapter, evidence of the amount of intoxicating liquor, toluene, or any controlled substance, or any combination of these in the blood of the person charged with the offense at the time of the alleged violation, as shown by a chemical analysis of his or her breath, blood, urine, or other bodily substance, shall be admissible and competent, provided that evidence is presented and the following conditions have been complied with:
(a)
The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
(b)
A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
(c)
Any person submitting to a chemical test of blood, urine or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
(d)
The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(e)
Equipment used for the conduct of the tests buy means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(f)
The person arrested and charged with operating a watercraft while under the influence of intoxicating liquor, toluene or any controlled substance, or any combination of these in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test. The officer arresting or so charging the person shall have informed the person of this right and afforded him or her a reasonable opportunity to exercise this right, and a notation to this effect is made in the official records of the case in the applicable law enforcement department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
History of Section.
P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2008, ch. 103, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-7. - Testing of blood of persons killed in watercraft accidents.

§ 46-22.2-7. Testing of blood of persons killed in watercraft accidents.
(a)
The director of the department of health shall provide a procedure whereby all morticians in the state shall obtain blood samples from all watercraft operators who have died as a result of and contemporaneously with an accident involving a watercraft.
(b)
All law enforcement officers shall report such fatalities to the director of the department of health immediately after their occurrence.
(c)
The blood sample, with such other information as may be required, shall be delivered to the director of the department of health. Upon receipt of such sample the director shall cause such tests to be performed as may be required to determine the amount of alcohol or controlled substance that may be contained in such sample.
(d)
The results of such tests shall be used exclusively for statistical purposes and the sample shall never be identified with the name of the deceased. Any person releasing or making public such information, other than as herein prescribed, shall be guilty of a misdemeanor.
History of Section.
P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-22.2 - Alcohol Boating Safety Act › Section 46-22.2-8. - Severability.

§ 46-22.2-8. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-2.1. - Members — Term of office — Vacancies.

§ 46-23-2.1. Members — Term of office — Vacancies.
(a)
The term of office of the appointed members shall be three (3) years, only so long as the members shall remain eligible to serve on the council under the appointment authority.
(b)
The members are eligible for successive appointments.
(c)
Elected or appointed municipal officials shall hold seats on the council, only so long as they remain in their elected or appointed office.
(d)
A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The governor shall have the power to remove his or her appointee for just cause.
History of Section.
P.L. 1985, ch. 212, § 3; P.L. 1990, ch. 461, § 10; P.L. 1999, ch. 354, § 54; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-3. - Oath of members.

§ 46-23-3. Oath of members.
Each appointed member of the council, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
History of Section.
P.L. 1971, ch. 279, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-4. - Officers of the council — Quorum and vote required for action.

§ 46-23-4. Officers of the council — Quorum and vote required for action.
The governor shall select from the appointed members a chairperson and vice chairperson. The council shall thereupon select a secretary from among its membership or staff. The council may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) members of the council. A majority vote of those present shall be required for action.
History of Section.
P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-4.1. - Executive director of coastal resources management.

§ 46-23-4.1. Executive director of coastal resources management.
The governor shall appoint, with the advice and consent of the senate, an executive director of coastal resources management who shall be an employee of the council and who shall not be a member of the council. The executive director shall coordinate and liaison with the director of the department of environmental management, and the executive director’s staff shall be at the same staff level as the other executive directors, and the executive director shall work directly with the other division leaders. The executive director of coastal resources management shall be in the unclassified service. The primary duty and responsibility of the executive director shall be to continue planning for and management of the resources of the state’s coastal region.
History of Section.
P.L. 1985, ch. 212, § 2; P.L. 1990, ch. 461, § 10; P.L. 2023, ch. 269, § 1, effective June 22, 2023; P.L. 2023, ch. 270, § 1, effective June 22, 2023.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-5. - Expenses of members.

§ 46-23-5. Expenses of members.
(a)
The members of the council and the chairperson shall not be compensated for their service on the board, but the members and chairperson shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(b)
[Deleted by P.L. 2005, ch. 117, art. 21, § 34.]
History of Section.
P.L. 1971, ch. 279, § 1; P.L. 1974, ch. 202, § 1; P.L. 1985, ch. 212, § 1; P.L. 2005, ch. 117, art. 21, § 34.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-6.1. - Newport “cliff walk” — Public right-of-way — Legal studies.

§ 46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies.
The council is hereby directed to carry out any and all legal studies which it shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-way pursuant to § 46-23-6(5).
History of Section.
P.L. 1990, ch. 493, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-6.2. - Abandonment of rights-of-way.

§ 46-23-6.2. Abandonment of rights-of-way.
No city or town shall abandon a right-of-way designated as such by the council unless the council approved the abandonment.
History of Section.
P.L. 1991, ch. 42, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-6.3. - Tolling of expiration periods.

§ 46-23-6.3. Tolling of expiration periods.
(a)
Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued pursuant to any state statute or any regulation promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016. For the purposes of this section, “tolling” means the suspension or temporary stopping of the running of the applicable permit or approval period.
(b)
Said tolling need not be recorded in the land evidence records to be valid, however, a notice of the tolling must be posted in the municipal planning department and near the land evidence records.
(c)
The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals or permits.
(d)
The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2016, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2016, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.
History of Section.
P.L. 2009, ch. 198, § 5; P.L. 2009, ch. 199, § 5; P.L. 2010, ch. 209, § 4; P.L. 2010, ch. 215, § 4; P.L. 2011, ch. 56, § 4; P.L. 2011, ch. 65, § 4; P.L. 2013, ch. 137, § 4; P.L. 2013, ch. 184, § 4; P.L. 2015, ch. 103, § 4; P.L. 2015, ch. 114, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7. - Violations.

§ 46-23-7. Violations.
(a)(1)
In any instances wherein there is a violation of the coastal resources management program, or a violation of regulations or decisions of the council, the commissioner of coastal resources management shall have the power to order any person to cease and desist or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council whenever the commissioner of coastal resources management shall have reasonable grounds to believe that such violation has occurred.
(2)
Council staff, conservation officers within the department of environmental management, and state and municipal police shall be empowered to issue written cease and desist orders in any instance where activity is being conducted which constitutes a violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council.
(3)
Conservation officers within the department of environmental management, council staff, and state and municipal police shall have authority to apply to a court of competent jurisdiction for a warrant to enter on private land to investigate possible violations of this chapter; provided, that they have reasonable grounds to believe that a violation has been committed, is being committed, or is about to be committed.
(b)
Any order or notice issued pursuant to subsection (a) shall be eligible for recordation under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town wherein the property subject to the order is located, and any subsequent transferee of the property shall be responsible for complying with the requirements of the order and notice.
(c)
The coastal resources management council shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.
History of Section.
P.L. 1971, ch. 279, § 1; P.L. 1973, ch. 197, § 2; P.L. 1976, ch. 329, § 2; P.L. 1977, ch. 270, § 4; P.L. 1980, ch. 208, § 1; P.L. 1986, ch. 296, § 1; P.L. 1987, ch. 193, § 1; P.L. 1989, ch. 516, § 1; P.L. 1990, ch. 461, § 10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7.1. - Administrative penalties.

§ 46-23-7.1. Administrative penalties.
Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative penalty by the chairperson or executive director in accordance with the following:
(1)
The chairperson or executive director is authorized to assess an administrative penalty of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized to assess additional penalties of not more than one thousand ($1,000) for each day during which this violation continues after receipt of a cease-and-desist order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the party’s right to an administrative hearing.
(2)
The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council a written request for a hearing. This request shall specify in detail the statements contested by the party. The executive director shall designate a person to act as hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the council shall issue a final order assessing the penalty specified in the notice. The penalty is due when the final order is issued. If the party shall request a hearing, any additional daily penalty shall not commence to accrue until the council issues a final order.
(3)
If a violation is found to have occurred, the council may issue a final order assessing not more than the amount of the penalty specified in the notice. The penalty is due when the final order is issued.
(4)
The party may within thirty (30) days appeal the final order, of fine assessed by the council to the superior court which shall hear the assessment of the fine de novo.
History of Section.
P.L. 1989, ch. 516, § 2; P.L. 1991, ch. 42, § 2; P.L. 1992, ch. 352, § 1; P.L. 2004, ch. 213, § 1; P.L. 2004, ch. 301, § 1; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7.2. - Proceedings for enforcement.

§ 46-23-7.2. Proceedings for enforcement.
The superior court shall have jurisdiction to enforce the provisions of this chapter, the coastal resource management program, or any rule, regulation, assent, or order issued pursuant thereto. Proceedings under this section may follow the course of equity, and shall be instituted and prosecuted in the name of and at the direction of the chairperson and council by the attorney general or counsel designated by the council. Proceedings provided in this section shall be in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized by this chapter.
History of Section.
P.L. 1989, ch. 516, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7.3. - Criminal penalties.

§ 46-23-7.3. Criminal penalties.
Any person who knowingly violates any provision of this chapter, the coastal resources management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than one thousand dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the violation is continued or repeated shall be deemed a separate offense.
History of Section.
P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7.4. - Penalty for blocking or posting of rights-of-way.

§ 46-23-7.4. Penalty for blocking or posting of rights-of-way.
Any person who shall post or block any tidal water, public right-of-way, as designated by the council, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson of the council, through council’s legal counsel or the attorney general, may apply to any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public right-of-way.
History of Section.
P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-7.5. - Prosecution of criminal violations.

§ 46-23-7.5. Prosecution of criminal violations.
The chairperson and anyone designated by the chairperson, without being required to enter into any recognizance or to give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which the alleged violation has occurred to conduct the prosecution of all the proceedings. The chairperson may delegate his or her authority to bring prosecution by complaint and warrant to any law enforcement officials authorized by law to bring complaints for the issuance of search or arrest warrants pursuant to chapters 5 and 6 of title 12.
History of Section.
P.L. 1989, ch. 516, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-8. - Gifts, grants, and donations.

§ 46-23-8. Gifts, grants, and donations.
The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, which shall be deposited as general revenues, and to disburse and administer the gifts, grants, or donations amounts appropriated in accordance with the terms thereof. The council is authorized to receive any sums provided by an applicant for use by the council in its hearing process, which shall be deposited as general revenues, and to disburse and administer the general revenue amounts appropriated in accordance with the rules and regulations promulgated by the council.
History of Section.
P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-9. - Subpoena.

§ 46-23-9. Subpoena.
The council is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:
Sc.
To _______________________________________ of _______________________________________ greeting:
You are hereby required, in the name of the state of Rhode Island, to make your appearance before the commission on _______________________________________ in the _______________________________________ city of _______________________________________ on the_______________________________________ day of_______________________________________ to give evidence of what you know relative to a matter upon investigation by the commission on _______________________________________ and produce and then and there have and give the following:
Hereof fail not, as you will answer to default under the penalty of the law in that behalf made and provided.
Dated at _______________________________________ the _________________________________________ day of _________________________________________ in the year _________________________________________ .
History of Section.
P.L. 1971, ch. 279, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-10. - Cooperation of departments.

§ 46-23-10. Cooperation of departments.
All other departments and agencies and bodies of state government are hereby authorized and directed to cooperate with and furnish such information as the council shall require.
History of Section.
P.L. 1971, ch. 279, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-11. - Rules and regulations.

§ 46-23-11. Rules and regulations.
The rules and regulations promulgated by the council shall be subject to the Administrative Procedures Act.
History of Section.
P.L. 1971, ch. 279, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-12. - Representation from coastal communities.

§ 46-23-12. Representation from coastal communities.
Upon the expiration of a term of a member appointed by the governor, as an appointed or elected official of local government from a coastal municipality as set out in § 46-23-2, the governor shall appoint an appointed or elected official of a coastal municipality which, at the time of the governor’s appointment, has no appointed or ex officio representation on the council.
History of Section.
P.L. 1971, ch. 279, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-13. - Application and hearing fees.

§ 46-23-13. Application and hearing fees.
The council shall be authorized to establish reasonable fees for applications and hearings. All fees collected by the council, including fees collected for leases, shall be deposited as general revenues. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for payment of such sum or sums as may be necessary from time to time and upon receipt by him or her of duly authenticated vouchers presented by the commissioner of coastal resources management.
History of Section.
P.L. 1973, ch. 197, § 3; P.L. 1989, ch. 399, § 2; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-14. - Expert testimony.

§ 46-23-14. Expert testimony.
The council shall be authorized to engage its own expert and outside consultants, and the council shall be empowered to use that testimony in making its decisions.
History of Section.
P.L. 1973, ch. 197, § 3.