2023 -- H 6495

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LC003185

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

     Introduced By: Representative Anthony J. DeSimone

     Date Introduced: June 07, 2023

     Referred To: House Finance

     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) nine (9) members, 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, and seven (7) eight (8) of whom shall be appointed by the governor with the advice and

consent of the senate, with at least one of the seven (7) eight (8) being a regular user of fixed-route

RIPTA transportation and at least one of the seven (7) eight (8) being a person with a disability.

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, the Rhode Island

business community, the Amalgamated Transit Union, 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 director of the department of transportation

shall serve as chairperson, and. The authority shall also elect a secretary and such other officers as

it deems necessary.

     (f) Four (4) Five (5) 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 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 conducted by the general

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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 chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title

38; 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 on July 1, 2023.

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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 amend the composition of the Rhode Island public transit authority.

     This act would take effect on July 1, 2023.

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