2017 -- S 0850 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE I-195 REDEVELOPMENT

ACT OF 2011

     Introduced By: Senators Ruggerio, Goodwin, Lombardi, Miller, and Lynch Prata

     Date Introduced: May 02, 2017

     Referred To: Senate Rules, Government Ethics and Oversight

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-64.14-6 and 42-64.14-7 of the General Laws in Chapter 42-

64.14 entitled "The I-195 Redevelopment Act of 2011" are hereby amended to read as follows:

     42-64.14-6. The I-195 redevelopment district commission.

     (a) The powers of the district to achieve the purposes of this chapter shall be exercised by

a commission as herein provided:

     The I-195 redevelopment district commission shall consist of seven (7) voting members.

The governor of the State of Rhode Island shall appoint, with the advice and consent of the

senate, the seven (7) voting members of the commission.

     The mayor of the city of Providence shall within thirty (30) days of passage of this act

submit to the governor a list of names of at least six (6) individuals which the governor shall give

due consideration to appointing three (3) individuals from the list. The speaker of the house of

representatives shall within thirty (30) days of passage of this act submit to the governor a list of

names of three (3) individuals of which the governor shall give due consideration to appointing

one individual from the list. The governor shall also appoint three (3) individuals without regard

to the lists submitted by the mayor of the city of Providence or the speaker of the house of

representatives and the governor shall designate one of the members to serve as chairperson of

the commission. The governor shall within forty (40) days of passage of this act submit to the

senate for advice and consent the initial list of individuals for appointment to the commission

including any individuals appointed by the governor from the lists presented by the mayor of the

city of Providence and the speaker of the house of representatives within the time limits set forth

in this subsection.

     Three (3) members shall be appointed for a term of two (2) years; three (3) members shall

be appointed for a term of three (3) years; and one member, who shall be the chair, shall be

appointed for a term of four (4) years. Appointments made thereafter shall be for four (4) year

terms. Any vacancy occurring in the commission shall be filled by the governor of the State of

Rhode Island in the same manner prescribed for the original appointments including those seats

by recommendation of the mayor of the city of Providence and the speaker of the house of

representatives being selected from a similar prepared list from those parties. A member

appointed to fill a vacancy of a director appointed by the governor of the State of Rhode Island

shall be appointed for the unexpired portion of the term of office of the member whose vacancy is

to be filled. Members of the commission whose terms expire shall continue to serve until their

successors are appointed and qualified.

     In addition to these voting members, there shall be two (2) ex officio, non-voting

members as follows: the city of Providence planning director, or his or her designee and the chief

executive officer of the Rhode Island commerce corporation, or his or her designee.

     (b) The commissioners shall receive no compensation for the performance of their duties

under this chapter, but each commissioner may be reimbursed for his or her reasonable expenses

incurred in carrying out those duties, however said reimbursement must be approved at a public

meeting of the commission. A commissioner may engage in private employment, or in a

profession or business.

     (c) The chairperson shall designate a vice chairperson from the commission who shall

serve at the pleasure of the chairperson. Four (4) voting commissioners shall constitute a quorum,

and any action to be taken by the commission under the provisions of this chapter may be

authorized by resolution approved by a majority of the commissioners present and entitled to vote

at any regular or special meeting at which a quorum is present. A vacancy in the membership of

the commission shall not impair the right of a quorum to exercise all of the rights and perform all

of the duties of the commission. Notwithstanding anything in this chapter to the contrary, in the

event that a vacancy is not filled within thirty (30) days of such vacancy, a quorum shall be

deemed to exist with a majority of the then duly authorized voting commissioners present.

     (d) The commission shall appoint a secretary and such additional officers and staff

members as they shall deem appropriate and shall determine the amount of reasonable

compensation, if any, each shall receive. The chair shall appoint the executive director with the

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approval of the commission provided that the position of the executive director must be

advertised and the appointment must be approved at a public meeting of the commission. The

commission may vest in an executive director or the director's subordinates the authority to

recommend additional staff members and to determine the amount of compensation each

individual shall receive, which shall then be approved by the commission at a public meeting.

     (e) No full-time employee shall during the period of his or her employment by the

commission engage in any other private employment, profession, or business, except with the

approval of the commissioners.

     (f) Any action taken by the commission under the provisions of this chapter may be

authorized by vote at any regular or special meeting, and each vote shall take effect immediately,

unless otherwise expressly indicated by the commission.

     (g) Employees of the commission shall not, by reason of their employment, be deemed to

be employees of the state or the city for any purpose, any other provision of the general laws,

charter, or ordinance to the contrary notwithstanding except for the provisions of the ethics code

as set forth in Rhode Island general law 36-14. Further, no employee of the commission shall be

entitled to or accrue pension benefits with the city of Providence or state during such

employment.

     (h) It shall be the responsibility of the commission to conduct a training course for newly

appointed and qualified members within six (6) months of their qualification. The training shall

encompass ethics, including the minimum applicable standards established in the code of ethics

as set forth in chapter 14 of title 36 ("code of ethics").

     (i) The commission shall be subject to the provisions of the open meetings act contained

in chapter 46 of title 42 ("open meetings"); provided, however, weekends and state holidays shall

be excluded in the count of hours contained in §§42-46-6(b) and 42-46-6(c). Every meeting of the

commission shall be open unless it is closed pursuant to the exemptions as set forth in §42-46-5,

with the following exceptions:

     (1) For purposes of determining what constitutes a compliant closed or executive session,

the provisions as set forth in §42-46-5(a)(5) shall not apply to the commission. However, an

additional exemption to those provided for in §42-46-5, allowing for a closed or executive

session, shall apply to the commission in accordance with subsection(i)(2) of this section.

     (2) To consider the purchase, exchange, lease or value of real property if the commission

declares in open session that an open meeting would have a detrimental effect on the negotiating

position of the commission with other parties to the negotiation; provided, however, any vote

taken in a closed session under this subsection, and any minutes of a closed session taken under

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this subsection, shall be made public once the disclosure would no longer jeopardize the

commission's negotiating position.

     (j) In every case where the commission holds a closed or executives session, an audio

recording of the closed session shall be made. The audio recording shall be kept as minutes in

accordance with §42-46-7.

     (k) The commission shall be subject to the provisions set forth in chapter 2 of title 38

("access to public records").

     42-64.14-7. Powers and duties of the commission.

     The commission shall have all the rights and powers reasonably necessary to carry out

and effectuate this chapter, including, including, but not limited to, the rights and powers:

     (1) To sue and be sued, complain and defend, in its corporate name.

     (2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a

facsimile of the seal, to be impressed or affixed, or in any other manner reproduced.

     (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest in real or personal property,

wherever situated.

     (4) To acquire and to dispose of real property, subject to the provisions of this chapter,

without the necessity of obtaining the approval of the state properties committee or otherwise

complying with the provisions of title 37.

     (5) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of

all or any part of its property and assets for any consideration and upon any terms and conditions

as the commission shall determine.

     (6) To make contracts and guarantees and incur liabilities, borrow money at any rates of

interest as the commission may determine.

     (7) To make and execute agreements of lease, conditional sales contracts, installment

sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other

contracts and instruments necessary or convenient in the exercise of the powers and functions of

the commission granted by this chapter.

     (8) To invest and reinvest its funds, and at its option to take and hold real and personal

property as security for the payment of funds so loaned or invested.

     (9) To acquire or contract to acquire, from any person, firm, corporation, municipality,

the federal government, or the state, or any agency of either the federal government or the state,

by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition

of any property, real or personal, improved or unimproved, and interests in land less than the fee

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thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange,

transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the

purposes of carrying out the provisions and intent of this chapter, for any consideration as the

commission shall determine, and with the approval of the commission to retain a master

developer for all or any portion of a project. Any master developer position shall be subject to

advertising and solicitation of applicants shall be approved at a duly posted public meeting of the

commission.

     (10) To conduct its activities, carry on its operations, and have offices and exercise the

powers granted by this chapter, within the state.

     (11) To make and alter by-laws, not inconsistent with this chapter, for the administration

and regulation of the affairs of the district in a manner that is publicly accountable and

transparent.

     (12) To be a promoter, partner, member, associate, or manager of any partnership,

enterprise, or venture within the district and to engage in promotional, marketing, and similar

activities for the benefit of the district.

     (13) To enter into contracts, agreements, and cooperative agreements with the city and its

agencies and instrumentalities and the State and its agencies and instrumentalities for the sharing

of personnel and other resources.

     (14) To have and exercise all powers reasonably necessary to effect its purposes;

provided, however, that the commission shall not have any power to create, empower or

otherwise establish any corporation, subsidiary corporation, corporate body, any form of

partnership, or any other separate entity without the express approval and authorization of the

general assembly.

     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 STATE AFFAIRS AND GOVERNMENT -- THE I-195 REDEVELOPMENT

ACT OF 2011

***

     This act would require the I-195 commission to conduct training for new commission

members which would include training in ethics. It would make the commission subject to the

open meetings act, the access to public records act, and their exemptions. The act would also

mandate that the commission exercise its powers in a publicly accountable and transparent

manner.

     This act would take effect upon passage.

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