Chapter 023

2006 -- S 2595 SUBSTITUTE A

Enacted 04/20/06

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- INDUSTRIAL RECREATIONAL BUILDING AUTHORITY

Introduced By: Senator J. Michael Lenihan

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-34-4 of the General Laws in Chapter 42-34 entitled "Industrial-

Recreational Building Authority" is hereby amended to read as follows:

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.

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 successor is appointed and qualified. A member shall be eligible to

succeed him 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~~, who need not be members of the authority,~~

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 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 chair 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, 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 authority

shall approve and submit an annual report 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 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 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 Rhode Island general laws.

The director of the department of administration shall be responsible for the enforcement of this

provision.

SECTION 2. This act shall take effect upon passage.

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LC01810/SUB A

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