Chapter 006
2010 -- H 7541
Enacted 03/19/10
A N A C T
RELATING TO THE
Introduced By: Representatives Costantino, Ehrhardt, Serpa, Watson, and Carter
Date Introduced: February 23, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5 of Article 1 in Chapter 100 of the 2008
Public Laws entitled "An
Act Relating to Making Appropriations
for the Support of the State for Fiscal Year Ending June
30, 2009" is hereby
amended to read as follows:
SECTION 5. (a) Extension of previous authorizations. The
general assembly hereby
extends by for an additional seven years the authorization
granted to the Rhode Island Industrial
Recreational Building
Authority provided by Chapter 91 of the Public Laws of 1958, and Chapter
537, Section 3, of the
Public Laws of 1987.
(b)
Extinguishment of previous authorization. The general assembly hereby
extinguishes
as of June 30, 2008 the authority to issue the following
debt authorization pursuant to the
provisions of Section 35-8-25 of the general laws.
Purpose
Statutory Authority Amount to be
Reference
Extinguished
$60,000,000
$20,000,000
Industrial
Authority
SECTION 2. Section 42-34-4 of the General Laws in Chapter
42-34 entitled "Industrial-
42-34-4.
Organization of authority. -- (a) The Rhode Island
industrial-recreational
building authority, hereinafter in this chapter called the
"authority", hereby created and
established a body corporate and politic, is constituted a public
instrumentality of the state, and
the exercise by the authority of the powers conferred by
the provisions of this chapter shall be
deemed and held to be the performance of essential governmental
functions. The authority shall
consist of five (5) members, appointed by the governor for a
period of five (5) years, as herein
provided.
(b) During the month of
January, 1959, the governor shall appoint one member to serve
until the first day of February, 1960, and until his or her
successor is appointed and qualified, one
member to serve until the first day of February, 1961, and
until his or her successor is appointed
and qualified, one member to serve until the first day of
February, 1962, and until his or her
successor is appointed and qualified, one member to serve until
the first day of February, 1963,
and until his or her successor is appointed and
qualified, and one member to serve until the first
day of February, 1964, and until his or her successor is
appointed and qualified.
(c) During the month of
January, 1960, and during the month of January annually
thereafter, the governor shall appoint a member to succeed the
member whose term will then next
expire, to serve for a term of five (5) years commencing on
the first day of February then next
following and until his or her successor is appointed and
qualified. A member shall be eligible to
succeed himself or herself.
(d) A vacancy in the
office of a member, other than by expiration, shall be filled in like
manner as an original appointment, but only for the
remainder of the term of the retiring member.
Members may be removed by the governor for cause.
(e) The authority may
elect such officers from among its members as may be required to
conduct the authority's business. The director of the
department of economic development shall
serve as executive director and chief executive officer, ex
officio, of the authority. Three (3)
members of the authority shall constitute a quorum and the
affirmative vote of a majority of the
members, present and voting, shall be necessary for any
action taken by the authority; except that,
in no case shall any action taken by the authority be
taken by an affirmative vote of less than
three (3) members. No vacancy in the membership of the
authority or disqualification of a
member under section 42-34-16 shall impair the right of the
quorum to exercise all rights and
perform all the duties of the authority. All of the members
of the authority shall be reimbursed for
their actual expenses necessarily incurred in the
performance of their duties.
(f) Appointments made
under this section after the effective date of this act [April 20,
2006]shall be subject to the advice
and consent of the senate.
(g) Newly appointed and
qualified public members and designees of ex-officio members
shall, within six (6) months of their qualification or
designation, attend a training course that shall
be developed with authority approval and conducted by
the chairperson of the authority and shall
include instruction in the following areas: the provisions of
chapters 42-34, 42-46, 36-14 and 38-
2; and the authority's rules and
regulations. The director of the
department of administration shall,
within ninety (90) days of the effective date of this act
[April 20, 2006] prepare and disseminate
training materials relating to the provisions of chapters
42-46, 36-14 and 38-2.29.
(h) Members of the
authority shall be removable by the governor pursuant to section 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.
(i)
Within one hundred eighty (180) days after the end of each fiscal year, the
The
authority shall approve and submit an annual a
biannual report, each October 1st and each April
1st, to the
governor, the speaker of the house of representatives,
the president of the senate, and
the secretary of state, of its activities during that
fiscal year the previous six (6) months. The
report shall provide: an operating statement summarizing
meetings or hearings held, meeting
minutes if requested, subjects addressed, decisions rendered,
rules or regulations promulgated,
studies conducted, policies and plans developed, approved, or
modified, and programs
administered or initiated; a detailed review of the authority's
loan guarantee program, including a
summary of each approved project, the guarantee amount for
each approved project, and
estimated jobs created or retained for each approved project; a consolidated financial statement of
all funds received and expended including the source of
the funds, a listing of any staff supported
by these funds, and a summary of any clerical,
administrative or technical support received; a
summary of performance during the previous fiscal year
including accomplishments,
shortcomings and remedies; a synopsis of hearings, complaints,
suspensions, or other legal
matters related to the authority of the authority; a summary
of any training courses held pursuant
to subsection (i) of this
section; a briefing on anticipated activities in the upcoming fiscal year;
and findings and recommendations for improvements. The
report shall be posted electronically on
the general assembly and the secretary of states websites
as prescribed in section 42-20-8.2 of the
for the enforcement of this provision.
SECTION 3. This act shall take effect upon passage.
=======
LC01935
=======