State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-34 > 42-34-4

SECTION 42-34-4

   § 42-34-4  Organization of authority.– (a) The Rhode Island industrial-recreational building authority, hereinafter inthis chapter called the "authority", hereby created and established a bodycorporate and politic, is constituted a public instrumentality of the state,and the exercise by the authority of the powers conferred by the provisions ofthis chapter shall be deemed and held to be the performance of essentialgovernmental 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 shallappoint one member to serve until the first day of February, 1960, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1961, and until his or her successor is appointed andqualified, one member to serve until the first day of February, 1962, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1963, and until his or her successor is appointed andqualified, and one member to serve until the first day of February, 1964, anduntil his or her successor is appointed and qualified.

   (c) During the month of January, 1960, and during the monthof January annually thereafter, the governor shall appoint a member to succeedthe 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 hisor her successor is appointed and qualified. A member shall be eligible tosucceed himself or herself.

   (d) A vacancy in the office of a member, other than byexpiration, shall be filled in like manner as an original appointment, but onlyfor the remainder of the term of the retiring member. Members may be removed bythe governor for cause.

   (e) The authority may elect such officers from among itsmembers as may be required to conduct the authority's business. The director ofthe department of economic development shall serve as executive director andchief executive officer, ex officio, of the authority. Three (3) members of theauthority shall constitute a quorum and the affirmative vote of a majority ofthe members, present and voting, shall be necessary for any action taken by theauthority; except that, in no case shall any action taken by the authority betaken by an affirmative vote of less than three (3) members. No vacancy in themembership of the authority or disqualification of a member under §42-34-16 shall impair the right of the quorum to exercise all rights andperform all the duties of the authority. All of the members of the authorityshall be reimbursed for their actual expenses necessarily incurred in theperformance of their duties.

   (f) Appointments made under this section after the effectivedate of this act [April 20, 2006] shall be subject to the advice andconsent of the senate.

   (g) Newly appointed and qualified public members anddesignees of ex-officio members shall, within six (6) months of theirqualification or designation, attend a training course that shall be developedwith authority approval and conducted by the chairperson of the authority andshall include instruction in the following areas: the provisions of chapters42-34, 42-46, 36-14 and 38-2; and the authority's rules and regulations. Thedirector of the department of administration shall, within ninety (90) days ofthe effective date of this act [April 20, 2006], prepare anddisseminate 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 thegovernor pursuant to § 36-1-7 of the general laws and for cause only, andremoval solely for partisan or personal reasons unrelated to capacity orfitness for the office shall be unlawful.

   (i) Within one hundred eighty (180) days after the end ofeach fiscal year, the authority shall approve and submit an annual report tothe governor, the speaker of the house of representatives, the president of thesenate, and the secretary of state, of its activities during that fiscal year.The report shall provide: an operating statement summarizing meetings orhearings held, meeting minutes if requested, subjects addressed, decisionsrendered, rules or regulations promulgated, studies conducted, policies andplans developed, approved, or modified, and programs administered or initiated;a consolidated financial statement of all funds received and expended includingthe source of the funds, a listing of any staff supported by these funds, and asummary of any clerical, administrative or technical support received; asummary of performance during the previous fiscal year includingaccomplishments, 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 thissection; a briefing on anticipated activities in the upcoming fiscal year; andfindings and recommendations for improvements. The report shall be postedelectronically on the general assembly and the secretary of states websites asprescribed in § 42-20-8.2 of the Rhode Island general laws. The directorof the department of administration shall be responsible for the enforcement ofthis provision.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-34 > 42-34-4

SECTION 42-34-4

   § 42-34-4  Organization of authority.– (a) The Rhode Island industrial-recreational building authority, hereinafter inthis chapter called the "authority", hereby created and established a bodycorporate and politic, is constituted a public instrumentality of the state,and the exercise by the authority of the powers conferred by the provisions ofthis chapter shall be deemed and held to be the performance of essentialgovernmental 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 shallappoint one member to serve until the first day of February, 1960, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1961, and until his or her successor is appointed andqualified, one member to serve until the first day of February, 1962, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1963, and until his or her successor is appointed andqualified, and one member to serve until the first day of February, 1964, anduntil his or her successor is appointed and qualified.

   (c) During the month of January, 1960, and during the monthof January annually thereafter, the governor shall appoint a member to succeedthe 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 hisor her successor is appointed and qualified. A member shall be eligible tosucceed himself or herself.

   (d) A vacancy in the office of a member, other than byexpiration, shall be filled in like manner as an original appointment, but onlyfor the remainder of the term of the retiring member. Members may be removed bythe governor for cause.

   (e) The authority may elect such officers from among itsmembers as may be required to conduct the authority's business. The director ofthe department of economic development shall serve as executive director andchief executive officer, ex officio, of the authority. Three (3) members of theauthority shall constitute a quorum and the affirmative vote of a majority ofthe members, present and voting, shall be necessary for any action taken by theauthority; except that, in no case shall any action taken by the authority betaken by an affirmative vote of less than three (3) members. No vacancy in themembership of the authority or disqualification of a member under §42-34-16 shall impair the right of the quorum to exercise all rights andperform all the duties of the authority. All of the members of the authorityshall be reimbursed for their actual expenses necessarily incurred in theperformance of their duties.

   (f) Appointments made under this section after the effectivedate of this act [April 20, 2006] shall be subject to the advice andconsent of the senate.

   (g) Newly appointed and qualified public members anddesignees of ex-officio members shall, within six (6) months of theirqualification or designation, attend a training course that shall be developedwith authority approval and conducted by the chairperson of the authority andshall include instruction in the following areas: the provisions of chapters42-34, 42-46, 36-14 and 38-2; and the authority's rules and regulations. Thedirector of the department of administration shall, within ninety (90) days ofthe effective date of this act [April 20, 2006], prepare anddisseminate 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 thegovernor pursuant to § 36-1-7 of the general laws and for cause only, andremoval solely for partisan or personal reasons unrelated to capacity orfitness for the office shall be unlawful.

   (i) Within one hundred eighty (180) days after the end ofeach fiscal year, the authority shall approve and submit an annual report tothe governor, the speaker of the house of representatives, the president of thesenate, and the secretary of state, of its activities during that fiscal year.The report shall provide: an operating statement summarizing meetings orhearings held, meeting minutes if requested, subjects addressed, decisionsrendered, rules or regulations promulgated, studies conducted, policies andplans developed, approved, or modified, and programs administered or initiated;a consolidated financial statement of all funds received and expended includingthe source of the funds, a listing of any staff supported by these funds, and asummary of any clerical, administrative or technical support received; asummary of performance during the previous fiscal year includingaccomplishments, 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 thissection; a briefing on anticipated activities in the upcoming fiscal year; andfindings and recommendations for improvements. The report shall be postedelectronically on the general assembly and the secretary of states websites asprescribed in § 42-20-8.2 of the Rhode Island general laws. The directorof the department of administration shall be responsible for the enforcement ofthis provision.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-34 > 42-34-4

SECTION 42-34-4

   § 42-34-4  Organization of authority.– (a) The Rhode Island industrial-recreational building authority, hereinafter inthis chapter called the "authority", hereby created and established a bodycorporate and politic, is constituted a public instrumentality of the state,and the exercise by the authority of the powers conferred by the provisions ofthis chapter shall be deemed and held to be the performance of essentialgovernmental 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 shallappoint one member to serve until the first day of February, 1960, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1961, and until his or her successor is appointed andqualified, one member to serve until the first day of February, 1962, and untilhis or her successor is appointed and qualified, one member to serve until thefirst day of February, 1963, and until his or her successor is appointed andqualified, and one member to serve until the first day of February, 1964, anduntil his or her successor is appointed and qualified.

   (c) During the month of January, 1960, and during the monthof January annually thereafter, the governor shall appoint a member to succeedthe 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 hisor her successor is appointed and qualified. A member shall be eligible tosucceed himself or herself.

   (d) A vacancy in the office of a member, other than byexpiration, shall be filled in like manner as an original appointment, but onlyfor the remainder of the term of the retiring member. Members may be removed bythe governor for cause.

   (e) The authority may elect such officers from among itsmembers as may be required to conduct the authority's business. The director ofthe department of economic development shall serve as executive director andchief executive officer, ex officio, of the authority. Three (3) members of theauthority shall constitute a quorum and the affirmative vote of a majority ofthe members, present and voting, shall be necessary for any action taken by theauthority; except that, in no case shall any action taken by the authority betaken by an affirmative vote of less than three (3) members. No vacancy in themembership of the authority or disqualification of a member under §42-34-16 shall impair the right of the quorum to exercise all rights andperform all the duties of the authority. All of the members of the authorityshall be reimbursed for their actual expenses necessarily incurred in theperformance of their duties.

   (f) Appointments made under this section after the effectivedate of this act [April 20, 2006] shall be subject to the advice andconsent of the senate.

   (g) Newly appointed and qualified public members anddesignees of ex-officio members shall, within six (6) months of theirqualification or designation, attend a training course that shall be developedwith authority approval and conducted by the chairperson of the authority andshall include instruction in the following areas: the provisions of chapters42-34, 42-46, 36-14 and 38-2; and the authority's rules and regulations. Thedirector of the department of administration shall, within ninety (90) days ofthe effective date of this act [April 20, 2006], prepare anddisseminate 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 thegovernor pursuant to § 36-1-7 of the general laws and for cause only, andremoval solely for partisan or personal reasons unrelated to capacity orfitness for the office shall be unlawful.

   (i) Within one hundred eighty (180) days after the end ofeach fiscal year, the authority shall approve and submit an annual report tothe governor, the speaker of the house of representatives, the president of thesenate, and the secretary of state, of its activities during that fiscal year.The report shall provide: an operating statement summarizing meetings orhearings held, meeting minutes if requested, subjects addressed, decisionsrendered, rules or regulations promulgated, studies conducted, policies andplans developed, approved, or modified, and programs administered or initiated;a consolidated financial statement of all funds received and expended includingthe source of the funds, a listing of any staff supported by these funds, and asummary of any clerical, administrative or technical support received; asummary of performance during the previous fiscal year includingaccomplishments, 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 thissection; a briefing on anticipated activities in the upcoming fiscal year; andfindings and recommendations for improvements. The report shall be postedelectronically on the general assembly and the secretary of states websites asprescribed in § 42-20-8.2 of the Rhode Island general laws. The directorof the department of administration shall be responsible for the enforcement ofthis provision.