2016 -- H 7329

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LC004156

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

     

     Introduced By: Representatives Naughton, Hull, Malik, Bennett, and McLaughlin

     Date Introduced: January 27, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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eligible for reappointment.

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      (d) Each member of the authority, before entering upon his or her duties, shall take an

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oath to administer the duties of his or her office faithfully and impartially, and the oath shall be

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filed in the office of the secretary of state.

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

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secretary and such other officers as it deems necessary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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responsible for the enforcement of the provisions of this subsection.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

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

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

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     This act would take effect upon passage.

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