Rhode Island General Laws 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”).
Terms Used In Rhode Island General Laws 39-18-2
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Authority: means the Rhode Island public transit authority created by § 39-18-2, or, if the authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof, or upon whom the powers of the authority given by this chapter shall be given by law. See Rhode Island General Laws 39-18-1
- Chairperson: means the chairperson of the public utilities commission. See Rhode Island General Laws 39-1-2
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- Company: means and includes a person, firm, partnership, corporation, quasi-municipal corporation, association, joint-stock association or company, and his, her, its, or their lessees, trustees, or receivers appointed by any court. See Rhode Island General Laws 39-1-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Ex officio: Literally, by virtue of one's office.
- Oath: A promise to tell the truth.
- oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Quorum: The number of legislators that must be present to do business.
- Railroad: means and includes every railroad other than a street railway, by whatsoever power, operated for public use in the conveyance in this state of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection with any railroad. See Rhode Island General Laws 39-1-2
- Street railway: means and includes every railway by whatsoever power operated or any extension or extensions, branch, or branches thereof, for public use in the conveyance in this state of persons or property for compensation, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place in any city or town, and including all switches, spurs, tracks, rights of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind, used, operated, controlled, or owned by or in connection with any street railway. See Rhode Island General Laws 39-1-2
(b) The authority shall consist of nine (9) members, one of whom shall be the director of the department of transportation, or the director’s designee, who shall serve as an ex officio member, and eight (8) of whom shall be appointed by the governor with the advice and consent of the senate, with at least one of the eight (8) being a regular user of fixed-route RIPTA transportation and at least one of the 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 their 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 the member’s duties, shall take an oath to administer the duties of the member’s office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
(e) The director of the department of transportation shall serve as chairperson. The authority shall elect a secretary and such other officers as it deems necessary.
(f) 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 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.
History of Section.
P.L. 1964, ch. 210, § 1; P.L. 1970, ch. 111, § 5; P.L. 1979, ch. 257, § 1; P.L. 1999, ch. 105, § 12; P.L. 2001, ch. 180, § 81; P.L. 2006, ch. 103, § 5; P.L. 2006, ch. 144, § 5; P.L. 2016, ch. 73, § 1; P.L. 2016, ch. 75, § 1; P.L. 2023, ch. 246, § 1, effective July 1, 2023; P.L. 2023, ch. 247, § 1, effective July 1, 2023.