Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0773 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0773
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7	7	LC002580
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC
16	16	TRANSIT AUTHORITY
17	17	Introduced By: Senators Ruggerio, McKenney, Pearson, Gallo, Lawson, Tikoian, and
18	18	Raptakis
19	19	Date Introduced: March 23, 2023
20	20	Referred To: Senate Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 39-18-4 of the General Laws in Chapter 39-18 entitled "Rhode Island 1
25	25	Public Transit Authority" is hereby amended to read as follows: 2
26	26	39-18-4. Powers and duties of the authority. 3
27	27	(a) The authority is hereby authorized and empowered: 4
28	28	(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; 5
29	29	(2) To adopt an official seal and alter the seal at pleasure; 6
30	30	(3) To maintain an office at such place or places within the state as it may designate; 7
31	31	(4) To sue and be sued in its own name, plead, and be impleaded; provided, however, that 8
32	32	any and all actions against the authority shall be brought only in the county in which the principal 9
33	33	office of the authority shall be located; 10
34	34	(5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed, 11
35	35	tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes 12
36	36	of the authority, and to lease as lessee or lessor any property, real, personal, or mixed, or any interest 13
37	37	therein, for such term and at such rental as the authority may deem fair and reasonable, and to sell, 14
38	38	transfer, convey, mortgage, or give a security interest in any property, real, personal, or mixed, 15
39	39	tangible or intangible, or any interest therein, at any time acquired by the authority; provided, 16
40	40	however, all procurements under this section shall comply with the following: 17
41	41	(i) Procurement of goods for the quasi-public corporation in any amount greater than ten 18
42	42
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45	45	thousand dollars ($10,000), but less than fifty thousand dollars ($50,000), in the aggregate over the 1
46	46	course of a fiscal year, shall be conducted in compliance with the rules and regulations of the 2
47	47	corporation and approved by the corporation's board of directors. 3
48	48	(ii) Procurement of goods in excess of fifty thousand dollars ($50,000), in the aggregate 4
49	49	over the course of a fiscal year, shall require a competitive bidding process consistent with § 37-2-5
50	50	17.2, conducted by the corporation's board of directors in compliance with the rules and regulations 6
51	51	of the corporation. 7
52	52	(6) To employ, in its discretion, planning, architectural, and engineering consultants, 8
53	53	attorneys, accountants, construction, financial, transportation, and traffic experts and consultants, 9
54	54	superintendents, managers, and such other officers, employees, and agents as may be necessary in 10
55	55	its judgment, and to fix their compensation; provided, however, all procurements under this section 11
56	56	shall comply with the following: 12
57	57	(i) Procurement of goods for the quasi-public corporation in any amount greater than ten 13
58	58	thousand dollars ($10,000), but less than fifty thousand dollars ($50,000), in the aggregate over the 14
59	59	course of a fiscal year, shall be conducted in compliance with the rules and regulations of the 15
60	60	corporation and approved by the corporation's board of directors. 16
61	61	(ii) Procurement of goods in excess of fifty thousand dollars ($50,000), in the aggregate 17
62	62	over the course of a fiscal year, shall require a competitive bidding process consistent with § 37-2-18
63	63	17.2, conducted by the corporation's board of directors in compliance with the rules and regulations 19
64	64	of the corporation. 20
65	65	(7)(i) To fix, from time to time, subject to the provisions of this chapter, schedules and 21
66	66	such rates of fare and charges for service furnished or operated as in its judgment are best adopted 22
67	67	to ensure sufficient income to meet the cost of service; provided, however, the authority is not 23
68	68	empowered to operate a passenger vehicle under its control in competition with passenger vehicles 24
69	69	of a private carrier over routes that the private carrier operates pursuant to a certificate of public 25
70	70	convenience and necessity issued to the private carrier by the division of public utilities and 26
71	71	carriers; and provided further that the authority shall not require any person who meets the means-27
72	72	test criteria as defined by the Rhode Island office of healthy aging and who is either sixty-five (65) 28
73	73	years of age, or over, or who is a person with a disability to pay more than one-half (½) of any fare 29
74	74	for bus rides; provided, however, that under no circumstances shall fares or charges for special 30
75	75	service routes be discounted. Any person who is either sixty-five (65) years of age, or over, or who 31
76	76	is a person with a disability, who does not satisfy the means-test criteria as heretofore provided, 32
77	77	shall only be required to pay one-half (½) of the fare or charge for bus rides during off-peak hours, 33
78	78	but shall not be eligible for a reduction during peak hours. For the purposes of this chapter, “peak 34
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82	82	hours,” “off-peak hours,” and “special service routes” shall be determined annually by the 1
83	83	authority. The authority, in conjunction with the department of human services, shall establish an 2
84	84	advisory committee comprised of seniors/persons with disabilities who are constituent users of the 3
85	85	authority’s services to assist in the implementation of this section; 4
86	86	(ii) Any person who accompanies and is assisting a person with a disability when the person 5
87	87	with a disability uses a wheelchair shall be eligible for the same price exemptions extended to a 6
88	88	person with a disability by subsection (a)(7)(i). The cost to the authority for providing the service 7
89	89	to the elderly shall be paid by the state; 8
90	90	(iii) Any person who accompanies and is assisting a passenger who is blind or visually 9
91	91	impaired shall be eligible for the same price exemptions extended to the passenger who is blind or 10
92	92	visually impaired by subsection (a)(7)(i). The cost to the authority for providing the service to the 11
93	93	elderly shall be paid by the state; 12
94	94	(iv) The authority shall be authorized and empowered to charge a fare for any paratransit 13
95	95	services required by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., in accordance 14
96	96	with 49 C.F.R. Part 37; 15
97	97	(8) To borrow money and to issue bonds of the authority for any of its purposes including, 16
98	98	without limitation, the borrowing of money in anticipation of the issuance of bonds or the receipt 17
99	99	of any operating revenues or other funds or property to be received by the authority, and the 18
100	100	financing of property to be owned by others and used, in whole or substantial part, by the authority 19
101	101	for any of its purposes, all as may, from time to time, be authorized by resolution of the authority; 20
102	102	the bonds to contain on their face a statement to the effect that neither the state nor any municipality 21
103	103	or other political subdivision of the state shall be obligated to pay the same or the interest thereon; 22
104	104	(9) To enter into management contracts for the operation, management, and supervision of 23
105	105	any or all transit properties under the jurisdiction of the authority, and to make and enter into all 24
106	106	contracts and agreements necessary or incidental to the performance of its duties and the execution 25
107	107	of its powers under this chapter; 26
108	108	(10) Without limitation of the foregoing, to borrow money from, to receive and accept 27
109	109	grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining, 28
110	110	repairing, constructing, and operating of transit property, and to enter into contracts, leases, or other 29
111	111	transactions with any federal agency; and to receive and accept from the state, from any 30
112	112	municipality, or other political subdivision thereof, and from any other source, aid or contributions 31
113	113	of either money, property, labor, or other things of value, to be held, used, and applied only for the 32
114	114	purposes for which the grants and contributions may be made; 33
115	115	(11) To acquire in the name of the authority, by negotiated purchase or otherwise, on such 34
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119	119	terms and conditions and in such manner as it may deem proper, or by the exercise of the power of 1
120	120	condemnation to the extent only and in the manner as provided in this chapter, public and private 2
121	121	lands, including public parks, playgrounds or reservations, or parts thereof, or rights therein, rights-3
122	122	of-way, property rights, easements, and interests as it may deem necessary for carrying out the 4
123	123	provisions of this chapter; provided, however, that all public property damaged in carrying out the 5
124	124	powers granted by this chapter shall be restored or repaired and placed in its original condition as 6
125	125	nearly as practicable; 7
126	126	(12) To contract with any municipality, public or private company or organization, 8
127	127	whereby the authority will receive a subsidy to avoid discontinuance of service, and each 9
128	128	municipality within the state is hereby authorized to make and enter into such contracts and to 10
129	129	make, grant, or give to the authority a subsidy in such amount and for such period of time as it may 11
130	130	deem advisable; 12
131	131	(13) To operate open-door service from Rhode Island to and from locations in 13
132	132	Massachusetts and Connecticut that are within five (5) miles of the Rhode Island border; and 14
133	133	(14) To do all things necessary, convenient, or desirable to carry out the purposes of this 15
134	134	chapter. 16
135	135	(b) To effectuate the purposes of this chapter the authority shall have the following duties: 17
136	136	(1) To participate in and contribute to transportation planning initiatives that are relevant 18
137	137	to the purposes of the authority; 19
138	138	(2) To plan, coordinate, develop, operate, maintain, and manage a statewide public transit 20
139	139	system consistent with the purposes of the authority, including plans to meet demands for public 21
140	140	transit where such demand, current or prospective, exceeds supply and/or availability of public 22
141	141	transit services; 23
142	142	(3) To work with departments, agencies, authorities, and corporations of federal, state, and 24
143	143	local government, public and private institutions, businesses, nonprofit organizations, users of the 25
144	144	system, and other entities and persons to coordinate public transit services and provide a seamless 26
145	145	network of mobility options. 27
146	146	SECTION 2. Section 42-155-4 of the General Laws in Chapter 42-155 entitled "Quasi-28
147	147	Public Corporations Accountability and Transparency Act" is hereby amended to read as follows: 29
148	148	42-155-4. Role and responsibilities of board members. 30
149	149	(a) Board members of quasi-public corporations shall: 31
150	150	(1) Execute oversight of the corporation, the chief executive, and other management in the 32
151	151	effective and ethical management of the corporation; 33
152	152	(2) Understand, review, and monitor the implementation of fundamental financial and 34
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156	156	management controls and operational decisions of the corporation; 1
157	157	(3) Adopt a code of ethics applicable to each officer, director, and employee of the 2
158	158	corporation that, at a minimum, includes the standards established in chapter 14 of title 36 (“Code 3
159	159	of Ethics”); 4
160	160	(4) Adopt a mission statement expressing the purpose and goals of the corporation, a 5
161	161	description of the stakeholders of the corporation and their reasonable expectations from the 6
162	162	corporation, and a list of measurements by which performance of the corporation and the 7
163	163	achievement of its goals may be evaluated. Each corporation shall, at least once every three (3) 8
164	164	years, publish a self-evaluation based on the stated measurements; 9
165	165	(5) Adopt and periodically update an indemnification policy that shall be set forth in the 10
166	166	bylaws of the corporation; and 11
167	167	(6) Perform each of their duties as board members, including, but not limited to, those 12
168	168	imposed by this section, in good faith and with that degree of diligence, care, and skill that an 13
169	169	ordinarily prudent person in like position would use under similar circumstances, and ultimately 14
170	170	apply independent judgment in the best interest of the quasi-public corporation, its mission, and the 15
171	171	public; 16
172	172	(b) Board members of quasi-public corporations shall establish and maintain written 17
173	173	policies and procedures for the following: 18
174	174	(1) Internal accounting and administrative controls in accordance with the provisions of 19
175	175	chapter 20 of title 35, the “Public Corporation Financial Integrity and Accountability Act of 1995”; 20
176	176	(2) Travel, including lodging, meals, and incidental expenses; provided, however, that no 21
177	177	reimbursement shall exceed the allowable state employee reimbursement amount per day; 22
178	178	(3) Grants, charitable and civic donations, and/or contributions; provided, however, that all 23
179	179	such grants, donations, or contributions shall be voted on by the full board during an open meeting 24
180	180	and the vote shall be recorded in the minutes of the meeting, together with: 25
181	181	(i) The citation to the specific state statute authorizing the action; 26
182	182	(ii) An explanation of how the grant, donation, or contribution relates to the corporation’s 27
183	183	mission; 28
184	184	(iii) The identity of each board member or employee of the corporation who will receive 29
185	185	any benefit from the grant, donation, or contribution including, without limitation, tickets to events, 30
186	186	meals, and golf; 31
187	187	(iv) Any disclosure required by chapter 14 of title 36 (“Code of Ethics”); and 32
188	188	(v) Each such grant, donation, or contribution shall be clearly identified in the financial 33
189	189	statements of the corporation. 34
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193	193	(4) Credit card use; provided, however, that pursuant to § 35-20-10, no credit card shall be 1
194	194	used for personal use; 2
195	195	(5) Employee reimbursement, including requests by management for business expenses 3
196	196	and expenses classified as gifts or entertainment; 4
197	197	(6) Personnel, including hiring, dismissing, promoting, and compensating employees of 5
198	198	the corporation; 6
199	199	(7) Marketing expenses; and 7
200	200	(8) Lobbyists’ expenses.; 8
201	201	(9) Procurement of goods and services for the quasi-public corporation in any amount 9
202	202	greater than ten thousand dollars ($10,000), but less than fifty thousand dollars ($50,000), in the 10
203	203	aggregate over the course of a fiscal year, shall be conducted in compliance with the rules and 11
204	204	regulations of the corporation and approved by the corporation's board of directors; and 12
205	205	(10) Procurement of goods and services in excess of fifty thousand dollars ($50,000), in 13
206	206	the aggregate over the course of a fiscal year, shall require a competitive bidding process consistent 14
207	207	with § 37-2-17.2, conducted by the corporation's board of directors in compliance with the rules 15
208	208	and regulations of the corporation. 16
209	209	(c) Final approval of hiring and purchase contracts for the purpose of procurement of goods 17
210	210	and services shall be approved by the board of directors, and may not be delegated to corporation 18
211	211	officers. 19
212	212	(c)(d) The written policies and procedures required by this section and any additional 20
213	213	written policies and procedures that the board may adopt shall be approved by the board during an 21
214	214	open meeting and the vote shall be recorded in the minutes of the meeting. 22
215	215	(d)(e) No board member shall serve in a paid capacity as an employee or consultant of the 23
216	216	corporation. 24
217	217	SECTION 3. This act shall take effect upon passage. 25
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224	224	EXPLANATION
225	225	BY THE LEGISLATIVE COUNCIL
226	226	OF
227	227	A N A C T
228	228	RELATING TO PUBLIC UTILITIES AND CARRIERS -- RHODE ISLAND PUBLIC
229	229	TRANSIT AUTHORITY
230	230	***
231	231	This act would require that quasi-public corporations, including the Rhode Island public 1
232	232	transit authority, obtain approval from the corporation board of directors for any procurement of 2
233	233	services in an amount greater than ten thousand dollars ($10,000), but less than fifty thousand 3
234	234	dollars ($50,000), and for the procurement of services in excess of fifty thousand dollars ($50,000) 4
235	235	a competitive bidding process would be required for the procurement. 5
236	236	This act would take effect upon passage. 6
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