2016 -- S 2373

========

LC004446

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

     Introduced By: Senators Pichardo, Metts, Miller, Crowley, and Jabour

     Date Introduced: February 10, 2016

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-18-2 of the General Laws in Chapter 39-18 entitled "Rhode

Island Public Transit Authority" is hereby amended to read as follows:

     39-18-2. Authority created -- Composition -- Terms -- Oath -- Officers -- Quorum --

Compensation -- Conflicts of interest. -- (a) There is hereby created a body corporate and

politic to be known as the "Rhode Island Public Transit Authority" (hereinafter "RIPTA").

      (b) The authority shall consist of eight (8) members, one of whom shall be the director of

the department of transportation or their designee who shall serve as an ex officio member, and

seven (7) of whom shall be appointed by the governor with the advice and consent of the senate;,

with at least one of the seven (7) being a regular user of fixed-route RIPTA transportation and at

least one of the seven (7) being a person with a disability and one of whom shall be the director of

the department of transportation or his or her designee who shall serve as an ex officio member.

The governor shall achieve a diverse membership in the board and shall give due consideration to

recommendations for nominations from the RIPTA Riders Alliance, the National Federation of

the Blind of Rhode Island, the Gray Panthers of Rhode Island, the Sierra Club of Rhode Island,

the Rhode Island AFL-CIO, the RIPTA Transportation Advisory Committee, and the Rhode

Island business community and the Rhode Island League of Cities and Towns. No one shall be

eligible for appointment unless he or she is a resident of this state.

      (c) Those members of the authority as of the effective date of this act [June 16,

2006]who were appointed to the authority by members of the board of the general assembly shall

cease to be members of the authority on the effective date of this act [June 16, 2006] and the

governor shall thereupon nominate two (2) members, each of whom shall serve the balance of the

unexpired term of his or her predecessor. Those members of the authority as of the effective date

of this act [June 16, 2006]who were appointed to the authority by the governor shall continue to

serve the balance of their current terms. Thereafter, during the month of January in each year, the

governor shall appoint members to succeed the departing members. The newly appointed

members shall serve for a term of three (3) years commencing on the day they are qualified. In

the event of a vacancy occurring in the membership, the governor, with the advice and consent of

the senate, shall appoint a member for the unexpired term. Any member of the authority shall be

eligible for reappointment.

      (d) Each member of the authority, 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.

      (e) The authority shall elect one of its members as chairperson, and shall also elect a

secretary and such other officers as it deems necessary.

      (f) Four (4) members of the authority shall constitute a quorum. The affirmative vote of a

majority of the members present and voting shall be necessary for any action taken by the

authority. No vacancy in the membership of the authority shall impair the right of a quorum to

exercise all the rights and perform all the duties of the authority.

      (g) The members of the authority shall receive no compensation, but shall be reimbursed

for their actual expenses necessarily incurred in the performance of their duties.

      (h) No member of the authority shall be in the employ of, or own any stock in, or be in

any way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street

railway company, nor shall any member of the authority personally or through a partner or agent

render any professional service or make or perform any business contract with or for any

company; nor shall any member of the authority, directly or indirectly, receive a commission,

bonus, discount, present, or reward from any company.

      (i) Members of the authority shall be removable by the governor pursuant to the

provisions of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

      (j) The authority shall conduct a training course for newly appointed and qualified

members within six (6) months of their qualification or designation. The course shall be

developed by the general manager of the authority, be approved by the authority, and be

LC004446 - Page 2 of 4

conducted by the general manager of the authority. The authority may approve the use of any

authority and/or staff members and/or individuals to assist with training. The training course shall

include instruction in the following areas: the provisions of chapters 42-46, 36-14, and 38-2; and

the authority's rules and regulations. The director of the department of administration shall be

responsible for the enforcement of the provisions of this subsection.

     SECTION 2. This act shall take effect upon passage.

========

LC004446

========

LC004446 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

***

     This act would provide that the governor's appointments to the RIPTA authority shall

include a regular user of fixed-route RIPTA transportation and also a disabled person.

     This act would take effect upon passage.

========

LC004446

========

LC004446 - Page 4 of 4