2024 -- S 2822

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LC004541

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HIGHWAYS -- SCENIC HIGHWAYS

     Introduced By: Senator Roger Picard

     Date Introduced: March 22, 2024

     Referred To: Senate Housing & Municipal Government

     (Dept. of Transportation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 24-15-10 and 24-15-10.1 of the General Laws in Chapter 24-15

entitled "Scenic Highways" are hereby amended to read as follows:

     24-15-10. Creation of board.

     There is hereby authorized, created and established within the executive department a

scenic roadways board consisting of eleven (11) nine (9) members as follows: one member shall

be the director of the department of transportation or his or her the director's designee who shall be

a subordinate within the department of transportation; one member shall be the director of the

department of environmental management or his or her the director's designee who shall be a

subordinate within the department of environmental management; one member shall be the chair

of the historic preservation commission; one member shall be appointed by the governor with the

advice and consent of the senate giving due consideration to the recommendation of Grow Smart

Rhode Island; one member shall be appointed by the governor with the advice and consent of the

senate giving due consideration to the recommendation of the Rhode Island builders association;

six (6) four (4) members shall be appointed by the governor from the general public with the advice

and consent of the senate, in making these appointments, the governor shall take into consideration

the impact on the local communities. The governor shall give due consideration to members of

local land trusts, chamber of commerce recommendations and shall also consider the need for

individuals with expertise in landscape architecture, community planning, and/or transportation

engineers with experience with traffic calming and flexible design policies. The members shall be

chosen as far as is reasonably practicable to represent geographical diversity and communities

where designated scenic roadways exist. During the month of January, in each year the governor

shall appoint a member to succeed the departing member. The newly appointed member shall serve

for a term of three (3) years or until their respective successors are appointed and qualified. The

members of the board shall be eligible to succeed themselves. Any vacancy of a public member

which may occur in the board shall be filled by appointment by the governor for the remainder of

the unexpired term in the same manner as the member’s predecessor as prescribed in this section.

The membership of the board shall receive no compensation for their services, and shall not be

reimbursed for any expenses. Those members of the board as of the effective date of this act [July

9, 2005] who were appointed to the board by members of the general assembly shall cease to be

members of the board on the effective date of this act, and the governor shall thereupon appoint the

four (4) new members as prescribed in this section. Those members of the board as of the effective

date of this act [July 9, 2005] who were appointed to the board by the governor shall continue to

serve the balance of their current terms. Upon the expiration of the term of the member representing

the Audubon Society of Rhode Island, the governor shall appoint a new member, and shall give

due consideration to the recommendation of Grow Smart Rhode Island. Thereafter, the

appointments shall be made by the governor as prescribed in this section. No one shall be eligible

for appointment unless he or she is a resident of this state. The director of the department of

transportation shall direct staff to support the board within the constraints of available resources.

     24-15-10.1. Chair, quorum and removal for cause.

     (a) Upon the passage of this act and the appointment and qualification of the four (4) new

members prescribed in § 24-15-10, the board shall meet at the call of the director of transportation

and shall elect from among the members a chair and a vice-chair. Thereafter, the board shall

annually elect in February a chair and a vice-chair from among the members. The board may elect

from among its members such other officers as it deems necessary.

     (b) Six (6) Five (5) members of the board shall constitute a quorum, and a majority vote of

those present and voting shall be required for action.

     (c) Members of the board shall be removable by the governor pursuant to § 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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- SCENIC HIGHWAYS

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     This act would amend the composition of the scenic roadways board reducing the number

of members from eleven (11) to nine (9).

     This act would take effect upon passage.

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