2013 -- H 5957

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LC02086

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- THE RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

     Introduced By: Representatives McLaughlin, Hull, and Dickinson

     Date Introduced: April 03, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-18-4 of the General Laws in Chapter 39-18 entitled "Rhode

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Island Public Transit Authority" is hereby amended to read as follows:

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     39-18-4. Powers and duties of the authority. -- (a) The authority is hereby authorized

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and empowered:

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      (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

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      (2) To adopt an official seal and alter the seal at pleasure;

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      (3) To maintain an office at such place or places within the state as it may designate;

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      (4) To sue and be sued in its own name, plead and to be implead; provided, however,

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that any and all actions against the authority shall be brought only in the county in which the

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principal office of the authority shall be located;

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      (5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed,

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tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes

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of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any

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interest therein for such term and at such rental as the authority may deem fair and reasonable,

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and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal,

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or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;

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      (6) To employ, in its discretion, planning, architectural, and engineering consultants,

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attorneys, accountants, construction, financial, transportation, and traffic experts and consultants,

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superintendents, managers, and such other officers, employees, and agents as may be necessary in

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its judgment, and to fix their compensation;

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      (7) (i) To fix from time to time, subject to the provisions of this chapter, schedules and

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such rates of fare and charges for service furnished or operated as in its judgment are best adopted

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to insure sufficient income to meet the cost of service; provided, however, the authority is not

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empowered to operate a passenger vehicle under its control in competition with passenger

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vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate

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of public convenience and necessity issued to the private carrier by the division of public utilities

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and carriers; and provided further that the authority shall not require any person who meets the

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means test criteria as defined by the Rhode Island Department of Elderly Affairs and who is

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either sixty-five (65) years of age, or over, or who is disabled to pay any fare or charge for bus

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rides during peak hours; provided, however, that such exclusion for fares or charges shall not

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apply: (A) to special service routes and (B) during periods and routes of overcrowded conditions.

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Any person who is either sixty-five (65) years of age, or over, or who is disabled, and who meets

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the means test criteria as heretofore provided, shall not be required to pay any fare or charge for

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bus rides during off-peak hours, and any person who is either sixty-five (65) years of age, or over,

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or who is disabled, and who does not satisfy the means test criteria as heretofore provided, shall

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only be required to pay one-half (1/2) of the fare or charge for bus rides during off-peak hours.

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For the purposes of this chapter, "overcrowded conditions," "peak hours," "off-peak hours" and

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"special service routes" shall be determined annually by the authority. The authority shall

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establish an advisory committee comprised of seniors/persons with disabilities constituent users

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of the authority's services to assist in the implementation of this section;

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      (ii) Any person who accompanies and is assisting a person with a disability when the

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person with a disability uses a wheelchair shall be eligible for the same price exemptions

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extended to a person with a disability by subsection (7)(i). The cost to the authority for providing

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the service to the elderly shall be paid by the state;

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      (iii) Any person who accompanies and is assisting a passenger who is blind or visually

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impaired shall be eligible for the same price exemptions extended to the passenger who is blind or

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visually impaired by subsection (7)(i). The cost to the authority for providing the service to the

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elderly shall be paid by the state;

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      (iv) The authority shall be authorized and empowered to charge a fare for any paratransit

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services required by the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq., in

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accordance with 49 C.F.R. Part 37.

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      (8) To borrow money and to issue bonds of the authority for any of its purposes

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including, without limitation, the borrowing of money in anticipation of the issuance of bonds or

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the receipt of any operating revenues or other funds or property to be received by the authority,

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and the financing of property to be owned by others and used, in whole or substantial part, by the

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authority for any of its purposes, all as may from time to time, be authorized by resolution of the

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authority; the bonds to contain on their face a statement to the effect that neither the state nor any

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municipality or other political subdivision of the state shall be obligated to pay the same or the

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interest thereon;

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      (9) To enter into management contracts for the operation, management, and supervision

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of any or all transit properties under the jurisdiction of the authority, and to make and enter into

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all contracts and agreements necessary or incidental to the performance of its duties and the

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execution of its powers under this chapter;

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      (10) Without limitation of the foregoing, to borrow money from, to receive and accept

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grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining,

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repairing, constructing, and operating of transit property, and to enter into contracts, leases, or

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other transactions with any federal agency; and to receive and accept from the state, from any

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municipality, or other political subdivision thereof, and from any other source, aid or

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contributions of either money, property, labor, or other things of value, to be held, used and

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applied only for the purposes for which the grants and contributions may be made;

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      (11) To acquire in the name of the authority, by negotiated purchase or otherwise, on

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such terms and conditions and in such manner as it may deem proper, or by the exercise of the

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power of condemnation to the extent only and in the manner as provided in this chapter, such

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public and private lands, including public parks, playgrounds or reservations, or parts thereof, or

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rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary

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for carrying out the provisions of this chapter; provided, however, that all public property

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damaged in carrying out the powers granted by this chapter shall be restored or repaired and

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placed in its original condition as nearly as practicable;

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      (12) To contract with any municipality, public or private company or organization,

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whereby the authority will receive a subsidy to avoid discontinuance of service, and each

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municipality within the state is hereby authorized to make and enter into such contracts and to

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make, grant, or give to the authority a subsidy in such amount and for such period of time as it

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may deem advisable;

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      (13) To operate service to nearby Massachusetts and nearby Connecticut terminals for

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the purpose of deboarding Rhode Island passengers at major traffic generating locations for the

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benefit of passengers and to board Rhode Islanders for the return trip, provided, however, that the

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authority operate closed door in Massachusetts and nearby Connecticut to and from its

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destination; and

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      (14) To do all things necessary, convenient, or desirable to carry out the purpose of this

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chapter.

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      (b) To effectuate the purposes of this chapter the authority shall have the following

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duties:

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      (1) To participate in and contribute to transportation planning initiatives that are relevant

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to the purposes of the authority;

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      (2) To plan, coordinate, develop, operate, maintain and manage a statewide public transit

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system consistent with the purposes of the authority, including plans to meet demands for public

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transit where such demand, current or prospective, exceeds supply and/or availability of public

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transit services;

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      (3) To work with departments, agencies, authorities and corporations of federal, state and

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local government, public and private institutions, businesses, non-profit organization, users of the

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system and other entities and persons to coordinate public transit services and provide a seamless

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network of mobility options.

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     (c) No medical examination stipulated by the authority as a condition of employment

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shall be required of an employee more than once per year.

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     SECTION 2. This act shall take effect upon passage.

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LC02086

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- THE RHODE ISLAND PUBLIC

TRANSIT AUTHORITY

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     This act would limit the number of medical examinations required of Rhode Island Public

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Transit Authority employees to no more than one per year.

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     This act would take effect upon passage.

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LC02086

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