2019 -- H 5895

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LC002115

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

     

     Introduced By: Representatives Hull, Walsh, Williams, Kislak, and Ranglin-Vassell

     Date Introduced: March 22, 2019

     Referred To: House Judiciary

     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.

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     (a) There is hereby created a body corporate and politic to be known as the "Rhode Island

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Public Transit Authority" (hereinafter "RIPTA").

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     (b) The authority shall consist of eight (8) nine (9) members, one of whom shall be the

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director of the department of transportation or their designee who shall serve as an ex officio

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member, and one of whom shall be the mayor of Providence or designee, who shall serve as an ex

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officio member with voting privileges, and seven (7) eight (8) of whom shall be appointed by the

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governor with the advice and consent of the senate, with at least one of the seven (7) eight (8)

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being a regular user of fixed-route RIPTA transportation and at least one of the seven (7) eight (8)

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being a person with a disability. The governor shall achieve a diverse membership in the board

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and shall give due consideration to recommendations for nominations from the RIPTA Riders

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Alliance, the National Federation of the Blind of Rhode Island, the Gray Panthers of Rhode

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Island, the Sierra Club of Rhode Island, the Rhode Island AFL-CIO, the RIPTA Transportation

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Advisory Committee, the Rhode Island business community, and the Rhode Island League of

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Cities and Towns. No one shall be eligible for appointment unless he or she is a resident of this

 

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state.

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     (c) Those members of the authority as of the effective date of this act [June 16, 2006]

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

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

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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 During the month of January in each

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year, the governor shall appoint members to succeed the departing members. The newly

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appointed members shall serve for a term of three (3) years, commencing on the day they are

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qualified. In the event of a vacancy occurring in the membership, the governor, with the advice

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and consent of the senate, shall appoint a member for the unexpired term. Any member of the

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authority shall be 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) Five (5) members of the authority shall constitute a quorum. The affirmative

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

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the 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 and for cause only, and removal solely for partisan or personal reasons

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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 Chapter 46 of title 42, Chapter 14 of

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title 36, and Chapter 2 of title 38; and the authority's rules and regulations. The director of the

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department of administration shall be responsible for the enforcement of the provisions of this

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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 increase the number of members of the transit authority from eight to nine

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and would make the mayor of Providence or designee an ex officio member with voting

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privileges.

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     This act would take effect upon passage.

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