State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-82 > 42-82-3

SECTION 42-82-3

   § 42-82-3  Agricultural lands preservationcommission. – (a) There is established the agricultural lands preservation commissionconsisting of the directors of the department of environmental management andthe department of administration, or their respective designees, both exofficio with the power to vote; and seven (7) public members to be appointed bythe governor with the advice and consent of the senate. The public appointeesshall include at least two (2) members with knowledge or experience inagriculture, one member familiar with land use and community planning issues,one member active in land preservation. All gubernatorial appointments madeunder this section after January 1, 2005 shall be subjected to the advice andconsent of the senate. No person shall be eligible for appointment pursuant tothis section after the effective date of this act [April 20, 2006]unless he or she is a resident of this state.

   (2) The members appointed by the governor shall serve forterms of five (5) years each; provided, however, that of the members firstappointed, one shall serve for one year, one shall serve for two (2) years, oneshall serve for three (3) years, one shall serve for four (4) years, and two(2) shall serve for five (5) years, from January first next succeeding theirappointment, as the governor shall designate; provided, however, that thosemembers of the commission as of the effective date of this act [April 20,2006] who were appointed upon the recommendation of members of the generalassembly shall cease to be members of the commission on the effective date ofthis act [April 20, 2006].

   (3) Any vacancy occurring otherwise than by expiration ofterm shall be filled in the same manner as the original appointment.

   (4) Upon expiration of a member's term, that member shallcontinue as a member until that member's successor is appointed and qualified.Any person serving a term shall be eligible for appointment.

   (5) No member, including ex-officio members, shall receivecompensation for the performance of his or her duties as a member; provided,however, that each appointed member may be reimbursed if funds are appropriatedfor his or her actual and necessary expenses incurred during the performance ofhis or her official duties.

   (6) [Deleted by P.L. 2006, ch. 22, § 5 and P.L.2006, ch. 27, § 5].

   (7) The commission shall designate annually from its membersa chairperson and a vice chairperson.

   (8) Whenever public hearings are required under this chapter,or whenever the commission determines a public hearing is appropriate, thecommission shall use reasonable efforts to hold those hearings at a place orplaces that will reasonably accommodate the interested parties.

   (b) Five (5) voting members of the commission shallconstitute a quorum for the transaction of any business or the exercise of anypower of the commission. Except as otherwise provided in this chapter, thecommission shall have the power to act by a majority of the members present atany meeting at which a quorum is in attendance.

   (c) The governor may remove any member for cause ormisconduct in office after giving him or her a copy of the charges against himor her and an opportunity to be heard, in person or by counsel, in his or herdefense, upon not less than ten (10) days notice. If any member shall beremoved, the governor shall file in the office of the secretary of state acomplete statement of charges made against the member and his or her findings,together with a complete record of the proceedings.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-82 > 42-82-3

SECTION 42-82-3

   § 42-82-3  Agricultural lands preservationcommission. – (a) There is established the agricultural lands preservation commissionconsisting of the directors of the department of environmental management andthe department of administration, or their respective designees, both exofficio with the power to vote; and seven (7) public members to be appointed bythe governor with the advice and consent of the senate. The public appointeesshall include at least two (2) members with knowledge or experience inagriculture, one member familiar with land use and community planning issues,one member active in land preservation. All gubernatorial appointments madeunder this section after January 1, 2005 shall be subjected to the advice andconsent of the senate. No person shall be eligible for appointment pursuant tothis section after the effective date of this act [April 20, 2006]unless he or she is a resident of this state.

   (2) The members appointed by the governor shall serve forterms of five (5) years each; provided, however, that of the members firstappointed, one shall serve for one year, one shall serve for two (2) years, oneshall serve for three (3) years, one shall serve for four (4) years, and two(2) shall serve for five (5) years, from January first next succeeding theirappointment, as the governor shall designate; provided, however, that thosemembers of the commission as of the effective date of this act [April 20,2006] who were appointed upon the recommendation of members of the generalassembly shall cease to be members of the commission on the effective date ofthis act [April 20, 2006].

   (3) Any vacancy occurring otherwise than by expiration ofterm shall be filled in the same manner as the original appointment.

   (4) Upon expiration of a member's term, that member shallcontinue as a member until that member's successor is appointed and qualified.Any person serving a term shall be eligible for appointment.

   (5) No member, including ex-officio members, shall receivecompensation for the performance of his or her duties as a member; provided,however, that each appointed member may be reimbursed if funds are appropriatedfor his or her actual and necessary expenses incurred during the performance ofhis or her official duties.

   (6) [Deleted by P.L. 2006, ch. 22, § 5 and P.L.2006, ch. 27, § 5].

   (7) The commission shall designate annually from its membersa chairperson and a vice chairperson.

   (8) Whenever public hearings are required under this chapter,or whenever the commission determines a public hearing is appropriate, thecommission shall use reasonable efforts to hold those hearings at a place orplaces that will reasonably accommodate the interested parties.

   (b) Five (5) voting members of the commission shallconstitute a quorum for the transaction of any business or the exercise of anypower of the commission. Except as otherwise provided in this chapter, thecommission shall have the power to act by a majority of the members present atany meeting at which a quorum is in attendance.

   (c) The governor may remove any member for cause ormisconduct in office after giving him or her a copy of the charges against himor her and an opportunity to be heard, in person or by counsel, in his or herdefense, upon not less than ten (10) days notice. If any member shall beremoved, the governor shall file in the office of the secretary of state acomplete statement of charges made against the member and his or her findings,together with a complete record of the proceedings.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-82 > 42-82-3

SECTION 42-82-3

   § 42-82-3  Agricultural lands preservationcommission. – (a) There is established the agricultural lands preservation commissionconsisting of the directors of the department of environmental management andthe department of administration, or their respective designees, both exofficio with the power to vote; and seven (7) public members to be appointed bythe governor with the advice and consent of the senate. The public appointeesshall include at least two (2) members with knowledge or experience inagriculture, one member familiar with land use and community planning issues,one member active in land preservation. All gubernatorial appointments madeunder this section after January 1, 2005 shall be subjected to the advice andconsent of the senate. No person shall be eligible for appointment pursuant tothis section after the effective date of this act [April 20, 2006]unless he or she is a resident of this state.

   (2) The members appointed by the governor shall serve forterms of five (5) years each; provided, however, that of the members firstappointed, one shall serve for one year, one shall serve for two (2) years, oneshall serve for three (3) years, one shall serve for four (4) years, and two(2) shall serve for five (5) years, from January first next succeeding theirappointment, as the governor shall designate; provided, however, that thosemembers of the commission as of the effective date of this act [April 20,2006] who were appointed upon the recommendation of members of the generalassembly shall cease to be members of the commission on the effective date ofthis act [April 20, 2006].

   (3) Any vacancy occurring otherwise than by expiration ofterm shall be filled in the same manner as the original appointment.

   (4) Upon expiration of a member's term, that member shallcontinue as a member until that member's successor is appointed and qualified.Any person serving a term shall be eligible for appointment.

   (5) No member, including ex-officio members, shall receivecompensation for the performance of his or her duties as a member; provided,however, that each appointed member may be reimbursed if funds are appropriatedfor his or her actual and necessary expenses incurred during the performance ofhis or her official duties.

   (6) [Deleted by P.L. 2006, ch. 22, § 5 and P.L.2006, ch. 27, § 5].

   (7) The commission shall designate annually from its membersa chairperson and a vice chairperson.

   (8) Whenever public hearings are required under this chapter,or whenever the commission determines a public hearing is appropriate, thecommission shall use reasonable efforts to hold those hearings at a place orplaces that will reasonably accommodate the interested parties.

   (b) Five (5) voting members of the commission shallconstitute a quorum for the transaction of any business or the exercise of anypower of the commission. Except as otherwise provided in this chapter, thecommission shall have the power to act by a majority of the members present atany meeting at which a quorum is in attendance.

   (c) The governor may remove any member for cause ormisconduct in office after giving him or her a copy of the charges against himor her and an opportunity to be heard, in person or by counsel, in his or herdefense, upon not less than ten (10) days notice. If any member shall beremoved, the governor shall file in the office of the secretary of state acomplete statement of charges made against the member and his or her findings,together with a complete record of the proceedings.