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ARTICLE 22 AS AMENDED |
ARTICLE ______ |
RELATING TO PUBLIC TRANSIT |
SECTION 1. Section 39-18-4 of the General Laws in Chapter 39-18 entitled "Rhode |
Island Public Transit Authority" is hereby amended to read as follows: |
39-18-4. Powers and duties of the authority. -- (a) The authority is hereby authorized |
and empowered: |
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; |
(2) To adopt an official seal and alter the seal at pleasure; |
(3) To maintain an office at such place or places within the state as it may designate; |
(4) To sue and be sued in its own name, plead and to be implead; provided, however, |
that any and all actions against the authority shall be brought only in the county in which the |
principal office of the authority shall be located; |
(5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed, |
tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes |
of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any |
interest therein for such term and at such rental as the authority may deem fair and reasonable, |
and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal, |
or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority; |
(6) To employ, in its discretion, planning, architectural, and engineering consultants, |
attorneys, accountants, construction, financial, transportation, and traffic experts and consultants, |
superintendents, managers, and such other officers, employees, and agents as may be necessary in |
its judgment, and to fix their compensation; |
(7) (i) To fix from time to time, subject to the provisions of this chapter, schedules and |
such rates of fare and charges for service furnished or operated as in its judgment are best adopted |
to insure sufficient income to meet the cost of service; provided, however, the authority is not |
empowered to operate a passenger vehicle under its control in competition with passenger |
vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate |
of public convenience and necessity issued to the private carrier by the division of public utilities |
and carriers; and provided further that the authority shall not require any person who meets the |
means test criteria as defined by the Rhode Island Department of Elderly Affairs and who is |
either sixty-five (65) years of age, or over, or who is disabled to pay more than one-half (1/2) of |
any fare or charge for bus rides during peak hours; provided, however, that such exclusion for |
under no circumstances shall fares or charges shall not apply: (A) to for special service routes be |
discounted and (B) during periods and routes of overcrowded conditions. Any person who is |
either sixty-five (65) years of age, or over, or who is disabled, and who meets the means test |
criteria as heretofore provided, shall not be required to pay any fare or charge for bus rides during |
off-peak hours, and any person who is either sixty-five (65) years of age, or over, or who is |
disabled, and who does not satisfy the means test criteria as heretofore provided, shall only be |
required to pay one-half (1/2) of the fare or charge for bus rides during off-peak hours, but shall |
not be eligible for a reduction during peak hours. For the purposes of this chapter, "overcrowded |
conditions," "peak hours," "off-peak hours" and "special service routes" shall be determined |
annually by the authority. The authority, in conjunction with the department of human services, |
shall establish an advisory committee comprised of seniors/persons with disabilities constituent |
users of the authority's services to assist in the implementation of this section; |
(ii) Any person who accompanies and is assisting a person with a disability when the |
person with a disability uses a wheelchair shall be eligible for the same price exemptions |
extended to a person with a disability by subsection (7)(i). The cost to the authority for providing |
the service to the elderly shall be paid by the state; |
(iii) Any person who accompanies and is assisting a passenger who is blind or visually |
impaired shall be eligible for the same price exemptions extended to the passenger who is blind or |
visually impaired by subsection (7)(i). The cost to the authority for providing the service to the |
elderly shall be paid by the state; |
(iv) The authority shall be authorized and empowered to charge a fare for any paratransit |
services required by the Americans with Disabilities Act, 42 U.S.C. ยง 12101 et seq., in |
accordance with 49 C.F.R. Part 37. |
(8) To borrow money and to issue bonds of the authority for any of its purposes |
including, without limitation, the borrowing of money in anticipation of the issuance of bonds or |
the receipt of any operating revenues or other funds or property to be received by the authority, |
and the financing of property to be owned by others and used, in whole or substantial part, by the |
authority for any of its purposes, all as may from time to time, be authorized by resolution of the |
authority; the bonds to contain on their face a statement to the effect that neither the state nor any |
municipality or other political subdivision of the state shall be obligated to pay the same or the |
interest thereon; |
(9) To enter into management contracts for the operation, management, and supervision |
of any or all transit properties under the jurisdiction of the authority, and to make and enter into |
all contracts and agreements necessary or incidental to the performance of its duties and the |
execution of its powers under this chapter; |
(10) Without limitation of the foregoing, to borrow money from, to receive and accept |
grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining, |
repairing, constructing, and operating of transit property, and to enter into contracts, leases, or |
other transactions with any federal agency; and to receive and accept from the state, from any |
municipality, or other political subdivision thereof, and from any other source, aid or |
contributions of either money, property, labor, or other things of value, to be held, used and |
applied only for the purposes for which the grants and contributions may be made; |
(11) To acquire in the name of the authority, by negotiated purchase or otherwise, on |
such terms and conditions and in such manner as it may deem proper, or by the exercise of the |
power of condemnation to the extent only and in the manner as provided in this chapter, such |
public and private lands, including public parks, playgrounds or reservations, or parts thereof, or |
rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary |
for carrying out the provisions of this chapter; provided, however, that all public property |
damaged in carrying out the powers granted by this chapter shall be restored or repaired and |
placed in its original condition as nearly as practicable; |
(12) To contract with any municipality, public or private company or organization, |
whereby the authority will receive a subsidy to avoid discontinuance of service, and each |
municipality within the state is hereby authorized to make and enter into such contracts and to |
make, grant, or give to the authority a subsidy in such amount and for such period of time as it |
may deem advisable; |
(13) To operate service to nearby Massachusetts and nearby Connecticut terminals for |
the purpose of deboarding Rhode Island passengers at major traffic generating locations for the |
benefit of passengers and to board Rhode Islanders for the return trip, provided, however, that the |
authority operate closed door in Massachusetts and nearby Connecticut to and from its |
destination; and |
(14) To do all things necessary, convenient, or desirable to carry out the purpose of this |
chapter. |
(b) To effectuate the purposes of this chapter the authority shall have the following |
duties: |
(1) To participate in and contribute to transportation planning initiatives that are relevant |
to the purposes of the authority; |
(2) To plan, coordinate, develop, operate, maintain and manage a statewide public transit |
system consistent with the purposes of the authority, including plans to meet demands for public |
transit where such demand, current or prospective, exceeds supply and/or availability of public |
transit services; |
(3) To work with departments, agencies, authorities and corporations of federal, state and |
local government, public and private institutions, businesses, non-profit organization, users of the |
system and other entities and persons to coordinate public transit services and provide a seamless |
network of mobility options. |
SECTION 2. This article shall take effect October 1, 2015. |