State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4

SECTION 39-18-4

   § 39-18-4  Powers and duties of theauthority. – (a) The authority is hereby authorized and empowered:

   (1) To adopt bylaws for the regulation of its affairs and theconduct 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 thestate as it may designate;

   (4) To sue and be sued in its own name, plead and to beimplead; provided, however, that any and all actions against the authorityshall be brought only in the county in which the principal office of theauthority shall be located;

   (5) To acquire, purchase, hold, use, and dispose of anyproperty, real, personal, or mixed, tangible or intangible, or any interesttherein 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 anyinterest therein for such term and at such rental as the authority may deemfair and reasonable, and to sell, transfer, convey, mortgage, or give asecurity interest in any property, real, personal, or mixed, tangible orintangible, 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 itsjudgment, and to fix their compensation;

   (7) To fix from time to time, subject to the provisions ofthis chapter, schedules and such rates of fare and charges for servicefurnished or operated as in its judgment are best adopted to insure sufficientincome to meet the cost of service; provided, however, the authority is notempowered to operate a passenger vehicle under its control in competition withpassenger vehicles of a private carrier over routes which the private carrieroperates pursuant to a certificate of public convenience and necessity issuedto the private carrier by the division of public utilities and carriers; andprovided further that the authority shall not require any person who meets themeans test criteria as defined by the Rhode Island Department of ElderlyAffairs and who is either sixty-five (65) years of age, or over, or who isdisabled to pay any fare or charge for bus rides during peak hours; provided,however, that such exclusion for fares or charges shall not apply: (A) tospecial service routes and (B) during periods and routes of overcrowdedconditions. Any person who is either sixty-five (65) years of age, or over, orwho 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-peakhours, and any person who is either sixty-five (65) years of age, or over, orwho is disabled, and who does not satisfy the means test criteria as heretoforeprovided, shall only be required to pay one-half (1/2) of the fare or chargefor bus rides during off-peak hours. For the purposes of this chapter,"overcrowded conditions," "peak hours," "off-peak hours" and "special serviceroutes" shall be determined annually by the authority. The authority shallestablish an advisory committee comprised of seniors/persons with disabilitiesconstituent users of the authority's services to assist in the implementationof this section;

   (ii) Any person who accompanies and is assisting a personwith a disability when the person with a disability uses a wheelchair shall beeligible for the same price exemptions extended to a person with a disabilityby subsection (7)(i). The cost to the authority for providing the service tothe elderly shall be paid by the state;

   (iii) Any person who accompanies and is assisting a passengerwho is blind or visually impaired shall be eligible for the same priceexemptions extended to the passenger who is blind or visually impaired bysubsection (7)(i). The cost to the authority for providing the service to theelderly shall be paid by the state;

   (iv) The authority shall be authorized and empowered tocharge a fare for any paratransit services required by the Americans withDisabilities Act, 42 U.S.C. § 12101 et seq., in accordance with 49 C.F.R.Part 37.

   (8) To borrow money and to issue bonds of the authority forany of its purposes including, without limitation, the borrowing of money inanticipation of the issuance of bonds or the receipt of any operating revenuesor other funds or property to be received by the authority, and the financingof property to be owned by others and used, in whole or substantial part, bythe authority for any of its purposes, all as may from time to time, beauthorized by resolution of the authority; the bonds to contain on their face astatement to the effect that neither the state nor any municipality or otherpolitical subdivision of the state shall be obligated to pay the same or theinterest thereon;

   (9) To enter into management contracts for the operation,management, and supervision of any or all transit properties under thejurisdiction of the authority, and to make and enter into all contracts andagreements necessary or incidental to the performance of its duties and theexecution of its powers under this chapter;

   (10) Without limitation of the foregoing, to borrow moneyfrom, to receive and accept grants for or in aid of the purchase, leasing,improving, equipping, furnishing, maintaining, repairing, constructing, andoperating of transit property, and to enter into contracts, leases, or othertransactions with any federal agency; and to receive and accept from the state,from any municipality, or other political subdivision thereof, and from anyother source, aid or contributions of either money, property, labor, or otherthings of value, to be held, used and applied only for the purposes for whichthe grants and contributions may be made;

   (11) To acquire in the name of the authority, by negotiatedpurchase or otherwise, on such terms and conditions and in such manner as itmay deem proper, or by the exercise of the power of condemnation to the extentonly and in the manner as provided in this chapter, such public and privatelands, including public parks, playgrounds or reservations, or parts thereof,or rights therein, rights-of-way, property rights, easements, and interests asit may deem necessary for carrying out the provisions of this chapter;provided, however, that all public property damaged in carrying out the powersgranted by this chapter shall be restored or repaired and placed in itsoriginal condition as nearly as practicable;

   (12) To contract with any municipality, public or privatecompany or organization, whereby the authority will receive a subsidy to avoiddiscontinuance of service, and each municipality within the state is herebyauthorized to make and enter into such contracts and to make, grant, or give tothe authority a subsidy in such amount and for such period of time as it maydeem advisable;

   (13) To operate service to nearby Massachusetts and nearbyConnecticut terminals for the purpose of deboarding Rhode Island passengers atmajor traffic generating locations for the benefit of passengers and to boardRhode Islanders for the return trip, provided, however, that the authorityoperate closed door in Massachusetts and nearby Connecticut to and from itsdestination; and

   (14) To do all things necessary, convenient, or desirable tocarry out the purpose of this chapter.

   (b) To effectuate the purposes of this chapter the authorityshall have the following duties:

   (1) To participate in and contribute to transportationplanning initiatives that are relevant to the purposes of the authority;

   (2) To plan, coordinate, develop, operate, maintain andmanage a statewide public transit system consistent with the purposes of theauthority, including plans to meet demands for public transit where suchdemand, current or prospective, exceeds supply and/or availability of publictransit services;

   (3) To work with departments, agencies, authorities andcorporations of federal, state and local government, public and privateinstitutions, businesses, non-profit organization, users of the system andother entities and persons to coordinate public transit services and provide aseamless network of mobility options.

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4

SECTION 39-18-4

   § 39-18-4  Powers and duties of theauthority. – (a) The authority is hereby authorized and empowered:

   (1) To adopt bylaws for the regulation of its affairs and theconduct 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 thestate as it may designate;

   (4) To sue and be sued in its own name, plead and to beimplead; provided, however, that any and all actions against the authorityshall be brought only in the county in which the principal office of theauthority shall be located;

   (5) To acquire, purchase, hold, use, and dispose of anyproperty, real, personal, or mixed, tangible or intangible, or any interesttherein 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 anyinterest therein for such term and at such rental as the authority may deemfair and reasonable, and to sell, transfer, convey, mortgage, or give asecurity interest in any property, real, personal, or mixed, tangible orintangible, 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 itsjudgment, and to fix their compensation;

   (7) To fix from time to time, subject to the provisions ofthis chapter, schedules and such rates of fare and charges for servicefurnished or operated as in its judgment are best adopted to insure sufficientincome to meet the cost of service; provided, however, the authority is notempowered to operate a passenger vehicle under its control in competition withpassenger vehicles of a private carrier over routes which the private carrieroperates pursuant to a certificate of public convenience and necessity issuedto the private carrier by the division of public utilities and carriers; andprovided further that the authority shall not require any person who meets themeans test criteria as defined by the Rhode Island Department of ElderlyAffairs and who is either sixty-five (65) years of age, or over, or who isdisabled to pay any fare or charge for bus rides during peak hours; provided,however, that such exclusion for fares or charges shall not apply: (A) tospecial service routes and (B) during periods and routes of overcrowdedconditions. Any person who is either sixty-five (65) years of age, or over, orwho 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-peakhours, and any person who is either sixty-five (65) years of age, or over, orwho is disabled, and who does not satisfy the means test criteria as heretoforeprovided, shall only be required to pay one-half (1/2) of the fare or chargefor bus rides during off-peak hours. For the purposes of this chapter,"overcrowded conditions," "peak hours," "off-peak hours" and "special serviceroutes" shall be determined annually by the authority. The authority shallestablish an advisory committee comprised of seniors/persons with disabilitiesconstituent users of the authority's services to assist in the implementationof this section;

   (ii) Any person who accompanies and is assisting a personwith a disability when the person with a disability uses a wheelchair shall beeligible for the same price exemptions extended to a person with a disabilityby subsection (7)(i). The cost to the authority for providing the service tothe elderly shall be paid by the state;

   (iii) Any person who accompanies and is assisting a passengerwho is blind or visually impaired shall be eligible for the same priceexemptions extended to the passenger who is blind or visually impaired bysubsection (7)(i). The cost to the authority for providing the service to theelderly shall be paid by the state;

   (iv) The authority shall be authorized and empowered tocharge a fare for any paratransit services required by the Americans withDisabilities Act, 42 U.S.C. § 12101 et seq., in accordance with 49 C.F.R.Part 37.

   (8) To borrow money and to issue bonds of the authority forany of its purposes including, without limitation, the borrowing of money inanticipation of the issuance of bonds or the receipt of any operating revenuesor other funds or property to be received by the authority, and the financingof property to be owned by others and used, in whole or substantial part, bythe authority for any of its purposes, all as may from time to time, beauthorized by resolution of the authority; the bonds to contain on their face astatement to the effect that neither the state nor any municipality or otherpolitical subdivision of the state shall be obligated to pay the same or theinterest thereon;

   (9) To enter into management contracts for the operation,management, and supervision of any or all transit properties under thejurisdiction of the authority, and to make and enter into all contracts andagreements necessary or incidental to the performance of its duties and theexecution of its powers under this chapter;

   (10) Without limitation of the foregoing, to borrow moneyfrom, to receive and accept grants for or in aid of the purchase, leasing,improving, equipping, furnishing, maintaining, repairing, constructing, andoperating of transit property, and to enter into contracts, leases, or othertransactions with any federal agency; and to receive and accept from the state,from any municipality, or other political subdivision thereof, and from anyother source, aid or contributions of either money, property, labor, or otherthings of value, to be held, used and applied only for the purposes for whichthe grants and contributions may be made;

   (11) To acquire in the name of the authority, by negotiatedpurchase or otherwise, on such terms and conditions and in such manner as itmay deem proper, or by the exercise of the power of condemnation to the extentonly and in the manner as provided in this chapter, such public and privatelands, including public parks, playgrounds or reservations, or parts thereof,or rights therein, rights-of-way, property rights, easements, and interests asit may deem necessary for carrying out the provisions of this chapter;provided, however, that all public property damaged in carrying out the powersgranted by this chapter shall be restored or repaired and placed in itsoriginal condition as nearly as practicable;

   (12) To contract with any municipality, public or privatecompany or organization, whereby the authority will receive a subsidy to avoiddiscontinuance of service, and each municipality within the state is herebyauthorized to make and enter into such contracts and to make, grant, or give tothe authority a subsidy in such amount and for such period of time as it maydeem advisable;

   (13) To operate service to nearby Massachusetts and nearbyConnecticut terminals for the purpose of deboarding Rhode Island passengers atmajor traffic generating locations for the benefit of passengers and to boardRhode Islanders for the return trip, provided, however, that the authorityoperate closed door in Massachusetts and nearby Connecticut to and from itsdestination; and

   (14) To do all things necessary, convenient, or desirable tocarry out the purpose of this chapter.

   (b) To effectuate the purposes of this chapter the authorityshall have the following duties:

   (1) To participate in and contribute to transportationplanning initiatives that are relevant to the purposes of the authority;

   (2) To plan, coordinate, develop, operate, maintain andmanage a statewide public transit system consistent with the purposes of theauthority, including plans to meet demands for public transit where suchdemand, current or prospective, exceeds supply and/or availability of publictransit services;

   (3) To work with departments, agencies, authorities andcorporations of federal, state and local government, public and privateinstitutions, businesses, non-profit organization, users of the system andother entities and persons to coordinate public transit services and provide aseamless network of mobility options.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4

SECTION 39-18-4

   § 39-18-4  Powers and duties of theauthority. – (a) The authority is hereby authorized and empowered:

   (1) To adopt bylaws for the regulation of its affairs and theconduct 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 thestate as it may designate;

   (4) To sue and be sued in its own name, plead and to beimplead; provided, however, that any and all actions against the authorityshall be brought only in the county in which the principal office of theauthority shall be located;

   (5) To acquire, purchase, hold, use, and dispose of anyproperty, real, personal, or mixed, tangible or intangible, or any interesttherein 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 anyinterest therein for such term and at such rental as the authority may deemfair and reasonable, and to sell, transfer, convey, mortgage, or give asecurity interest in any property, real, personal, or mixed, tangible orintangible, 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 itsjudgment, and to fix their compensation;

   (7) To fix from time to time, subject to the provisions ofthis chapter, schedules and such rates of fare and charges for servicefurnished or operated as in its judgment are best adopted to insure sufficientincome to meet the cost of service; provided, however, the authority is notempowered to operate a passenger vehicle under its control in competition withpassenger vehicles of a private carrier over routes which the private carrieroperates pursuant to a certificate of public convenience and necessity issuedto the private carrier by the division of public utilities and carriers; andprovided further that the authority shall not require any person who meets themeans test criteria as defined by the Rhode Island Department of ElderlyAffairs and who is either sixty-five (65) years of age, or over, or who isdisabled to pay any fare or charge for bus rides during peak hours; provided,however, that such exclusion for fares or charges shall not apply: (A) tospecial service routes and (B) during periods and routes of overcrowdedconditions. Any person who is either sixty-five (65) years of age, or over, orwho 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-peakhours, and any person who is either sixty-five (65) years of age, or over, orwho is disabled, and who does not satisfy the means test criteria as heretoforeprovided, shall only be required to pay one-half (1/2) of the fare or chargefor bus rides during off-peak hours. For the purposes of this chapter,"overcrowded conditions," "peak hours," "off-peak hours" and "special serviceroutes" shall be determined annually by the authority. The authority shallestablish an advisory committee comprised of seniors/persons with disabilitiesconstituent users of the authority's services to assist in the implementationof this section;

   (ii) Any person who accompanies and is assisting a personwith a disability when the person with a disability uses a wheelchair shall beeligible for the same price exemptions extended to a person with a disabilityby subsection (7)(i). The cost to the authority for providing the service tothe elderly shall be paid by the state;

   (iii) Any person who accompanies and is assisting a passengerwho is blind or visually impaired shall be eligible for the same priceexemptions extended to the passenger who is blind or visually impaired bysubsection (7)(i). The cost to the authority for providing the service to theelderly shall be paid by the state;

   (iv) The authority shall be authorized and empowered tocharge a fare for any paratransit services required by the Americans withDisabilities Act, 42 U.S.C. § 12101 et seq., in accordance with 49 C.F.R.Part 37.

   (8) To borrow money and to issue bonds of the authority forany of its purposes including, without limitation, the borrowing of money inanticipation of the issuance of bonds or the receipt of any operating revenuesor other funds or property to be received by the authority, and the financingof property to be owned by others and used, in whole or substantial part, bythe authority for any of its purposes, all as may from time to time, beauthorized by resolution of the authority; the bonds to contain on their face astatement to the effect that neither the state nor any municipality or otherpolitical subdivision of the state shall be obligated to pay the same or theinterest thereon;

   (9) To enter into management contracts for the operation,management, and supervision of any or all transit properties under thejurisdiction of the authority, and to make and enter into all contracts andagreements necessary or incidental to the performance of its duties and theexecution of its powers under this chapter;

   (10) Without limitation of the foregoing, to borrow moneyfrom, to receive and accept grants for or in aid of the purchase, leasing,improving, equipping, furnishing, maintaining, repairing, constructing, andoperating of transit property, and to enter into contracts, leases, or othertransactions with any federal agency; and to receive and accept from the state,from any municipality, or other political subdivision thereof, and from anyother source, aid or contributions of either money, property, labor, or otherthings of value, to be held, used and applied only for the purposes for whichthe grants and contributions may be made;

   (11) To acquire in the name of the authority, by negotiatedpurchase or otherwise, on such terms and conditions and in such manner as itmay deem proper, or by the exercise of the power of condemnation to the extentonly and in the manner as provided in this chapter, such public and privatelands, including public parks, playgrounds or reservations, or parts thereof,or rights therein, rights-of-way, property rights, easements, and interests asit may deem necessary for carrying out the provisions of this chapter;provided, however, that all public property damaged in carrying out the powersgranted by this chapter shall be restored or repaired and placed in itsoriginal condition as nearly as practicable;

   (12) To contract with any municipality, public or privatecompany or organization, whereby the authority will receive a subsidy to avoiddiscontinuance of service, and each municipality within the state is herebyauthorized to make and enter into such contracts and to make, grant, or give tothe authority a subsidy in such amount and for such period of time as it maydeem advisable;

   (13) To operate service to nearby Massachusetts and nearbyConnecticut terminals for the purpose of deboarding Rhode Island passengers atmajor traffic generating locations for the benefit of passengers and to boardRhode Islanders for the return trip, provided, however, that the authorityoperate closed door in Massachusetts and nearby Connecticut to and from itsdestination; and

   (14) To do all things necessary, convenient, or desirable tocarry out the purpose of this chapter.

   (b) To effectuate the purposes of this chapter the authorityshall have the following duties:

   (1) To participate in and contribute to transportationplanning initiatives that are relevant to the purposes of the authority;

   (2) To plan, coordinate, develop, operate, maintain andmanage a statewide public transit system consistent with the purposes of theauthority, including plans to meet demands for public transit where suchdemand, current or prospective, exceeds supply and/or availability of publictransit services;

   (3) To work with departments, agencies, authorities andcorporations of federal, state and local government, public and privateinstitutions, businesses, non-profit organization, users of the system andother entities and persons to coordinate public transit services and provide aseamless network of mobility options.