GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2016-54
HOUSE BILL 464
AN ACT to adjust the composition of the board of trustees of regional transportation authorities, to provide that all members of the board of trustees shall be voting members, to authorize regional transportation authorities to hire a chief administrative officer, and to clarify the voting process by members of the board of trustees of regional transportation authorities.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑635 reads as rewritten:
"§ 160A‑635. Membership; officers; compensation.
(a) The governing body of an authority is the Board of Trustees. The Board of Trustees shall consist of:
…
(2) Two At least
two, but not more than three, members of the Board of Transportation
appointed by the Secretary of Transportation, to serve as ex officio
nonvoting members.Transportation. Members appointed under this
subdivision shall be (i) division members from a highway division or highway divisions
located wholly or partially within the territorial jurisdiction of the
Authority, (ii) at‑large members who represent or have an expertise in
mass transit and reside within the territorial jurisdiction of the Authority,
or (iii) a combination of division members and at‑large members meeting
the requirements set forth in this subdivision.
…
(c) Service on the Board of
Trustees may be in addition to any other office which a person is entitled to
hold. Each voting member of the Board of Trustees may hold elective
public office as defined by G.S. 128‑1.1(d).
…
(e) The Board of Trustees
shall annually elect from its membership a Chairperson, and a Vice‑Chairperson,
and shall annually elect a Secretary, and a Treasurer.
…."
SECTION 2. G.S. 160A‑636 reads as rewritten:
"§ 160A‑636. Voting.Voting; action by the Board
of Trustees.
(a) Quorum. – A majority of the members membership
of the Board of Trustees Trustees, excluding vacant seats, shall
constitute a quorum for the transaction of business. Except as provided by G.S. 160A‑635(a)(2),
each member shall have one vote.quorum. A member who has withdrawn from
a meeting without being excused by majority vote of the remaining members
present shall be counted as present for purposes of determining whether or not
a quorum is present. No member shall be excused from voting except upon matters
involving the consideration of the member's own financial interest or official
conduct or on matters on which the member is prohibited from voting under any
other provision of law.
(b) Action. – An affirmative vote equal to a majority of all the members of the Board of Trustees not excused from voting on the question in issue shall be required to authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the Authority."
SECTION 3. G.S. 160A‑639 reads as rewritten:
"§ 160A‑639. General powers of the Authority.
The general powers of the Authority shall include any or all of the following:
(1) To sue and be sued;sued.
(2) To have a seal;seal.
(3) To make rules and
regulations, not inconsistent with this Chapter, for its organization and
internal management;management.
(4) To employ persons
deemed necessary a chief administrative officer to carry out the
functions and duties assigned to them by of the Authority and
to Authority. The Board of Trustees shall fix their compensation,
the compensation of the chief administrative officer and any employees
hired by the chief administrative officer pursuant to G.S. 160A‑639.1,
within the limit of available funds;funds.
(5) With the approval of the
unit of local government's chief administrative official, to use officers,
employees, agents, and facilities of the unit of local government for such
purposes and upon such terms as may be mutually agreeable;agreeable.
(6) To retain and employ
counsel, auditors, engineers, and private consultants on an annual salary,
contract basis, or otherwise for rendering professional or technical services
and advice;advice.
(7) To acquire, lease as
lessee with or without option to purchase, hold, own, and use any franchise,
property, real or personal, tangible or intangible, or any interest therein,
and to sell, lease as lessor with or without option to purchase, transfer (or
dispose thereof) whenever the same is no longer required for purposes of the
Authority, or exchange same for other property or rights which are useful for
the Authority's purposes, including but not necessarily limited to parking facilities;facilities.
(8) To acquire by gift,
purchase, lease as lessee with or without option to purchase or otherwise to
construct, improve, maintain, repair, operate, or administer any component
parts of a public transportation system or to contract for the maintenance,
operation or administration thereof, or to lease as lessor the same for
maintenance, operation, or administration by private parties, including, but
not necessarily limited to, parking facilities;facilities.
(9) To make or enter into
contracts, agreements, deeds, leases with or without option to purchase,
conveyances or other instruments, including contracts and agreements with the
United States, the State of North Carolina, and units of local government;government.
(9a) To purchase or finance
real or personal property in the manner provided for cities and counties under G.S. 160A‑20;G.S. 160A‑20.
(10) To surrender to the State
of North Carolina any property no longer required by the Authority;Authority.
(11) To develop and make data,
plans, information, surveys and studies of public transportation facilities
within the territorial jurisdiction of the Authority and to prepare and make
recommendations in regard thereto;thereto.
(12) To enter in a reasonable
manner lands, waters, or premises for the purpose of making surveys, soundings,
drillings, and examinations whereby such entry shall not be deemed a trespass
except that the Authority shall be liable for any actual and consequential
damages resulting from such entries;entries.
(13) To develop and carry out
demonstration projects;projects.
(14) To make, enter into, and
perform contracts with private parties, and public transportation companies
with respect to the management and operation of public passenger transportation;transportation.
(15) To make, enter into, and
perform contracts with any public utility, railroad or transportation company
for the joint use of property or rights, for the establishment of through
routes, joint fares, or transfer of passengers;passengers.
(16) To make, enter into, and
perform agreements with governmental entities for payments to the Authority for
the transportation of persons for whom the governmental entities desire transportation;transportation.
(17) With the consent of the
unit of local government which would otherwise have jurisdiction to exercise
the powers enumerated in this subdivision: to issue certificates of public
convenience and necessity; and to grant franchises and enter into franchise
agreements, and in all respects to regulate the operation of buses, taxicabs,
and other methods of public passenger transportation which originate and
terminate within the territorial jurisdiction of the Authority as fully as the
unit of local government is now or hereafter empowered to do within the
territorial jurisdiction of the unit of local government;government.
(18) To operate public
transportation systems and to enter into and perform contracts to operate
public transportation services and facilities, and to own or lease property,
facilities and equipment necessary or convenient therefor, and to rent, lease
or otherwise sell the right to do so to any person, public or private; further,
to obtain grants, loans, and assistance from the United States, the State of
North Carolina, any public body, or any private source whatsoever, but may not
operate or contract for the operation of public transportation systems outside
the territorial jurisdiction of the Authority except as provided by subdivision
(20) of this section;section.
(19) To enter into and perform
contracts and agreements with other public transportation authorities, regional
public transportation authorities, or units of local government pursuant to the
provisions of G.S. 160A‑460 through G.S. 160A‑464 (Part 1
of Article 20 of Chapter 160A of the General Statutes); further to enter into
contracts and agreements with private transportation companies, but this
subdivision does not authorize the operation of, or contracting for the
operation of, service of a public transportation system outside the service area
of the Authority;Authority.
(20) To operate public
transportation systems extending service into any political subdivision of the
State of North Carolina unless a particular unit of local government operating
its own public transportation system or franchising the operation of a public
transportation system by majority vote of its governing board, shall deny
consent, but such service may not extend more than 10 miles outside of the
territorial jurisdiction of the authority, except that vanpool and carpool
service shall not be subject to that mileage limitation;limitation.
(21) Except as restricted by
covenants in bonds, notes, or equipment trust certificates, to set in its sole
discretion rates, fees, and charges for use of its public transportation system;system.
(22) To do all things necessary
or convenient to carry out its purpose and to exercise the powers granted to
the Authority;Authority.
(23) To facilitate the
coordination of transportation plans in the service area and the activities of
the member Metropolitan Planning Organizations;Organizations.
(24) To maintain databases for
the projection of future travel demands in the region;region.
(25) To provide and operate
regional ridesharing and vanpool operations;operations.
(26) To provide and operate
regional transportation services for the elderly and handicapped;handicapped.
(27) To provide other
transportation related services, including air quality monitoring and analysis,
as determined by the Board of Trustees;Trustees.
(28) To issue bonds or other
obligations of the Authority as provided by law and apply the proceeds thereof
to the financing of any public transportation system or any part thereof and to
refund, whether or not in advance of maturity or the earliest redemption date,
any such bonds or other obligations; andobligations.
(29) To contract for, or to provide and maintain, with respect to the facilities and property owned, leased with or without option to purchase, operated or under the control of the Authority, and within the territory thereof, a security force to protect persons and property, dispense unlawful or dangerous assemblages and assemblages which obstruct full and free passage, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety; for these purposes a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a police officer of the city or county in which said member of such force is discharging such duties."
SECTION 4. Article 27 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑639.1. Duties of the chief administrative officer; appointment of clerk.
(a) Duties. – The chief administrative officer employed by the Authority in accordance with G.S. 160A‑639 shall be responsible to the Board of Trustees for administering all matters placed in his or her charge by the Board of Trustees and shall have all of the following powers and duties:
(1) To hire, appoint, suspend, or remove any employee of the Authority, provided that nothing in this subdivision shall be construed as superseding or altering any other provision of law governing the suspension or removal of an employee of the Authority.
(2) To direct and supervise all employees of the Authority and the administration of all departments, offices, and agencies of the Authority, subject to the general direction and control of the Board of Trustees and except as otherwise provided by law.
(3) To attend all meetings of the Board of Trustees and recommend any measures he or she deems expedient.
(4) To see that all laws of the State are faithfully executed.
(5) To prepare and submit the annual budget and capital program to the Board of Trustees.
(6) To annually submit to the Board of Trustees and make available to the public a complete report on the finances and administrative activities of the Authority as of the end of the fiscal year.
(7) To make any other reports that the Board of Trustees may require concerning the operations of the Authority.
(8) To perform any other duties that may be required or authorized by the Board of Trustees.
(b) Clerk. – In addition to the duties set forth in subsection (a) of this section, the chief administrative officer shall designate an employee of the Authority as clerk, whose duties shall include all of the following:
(1) Provide notice of meetings of the Board of Trustees.
(2) Keep a journal of the proceedings of the Board of Trustees.
(3) Be the custodian of all Authority records.
(4) Perform any other duties that may be required by law or the Board of Trustees."
SECTION 5. This act becomes effective August 1, 2016, and applies to contracts entered into and other actions taken by Regional Transportation Authorities on or after that date.
In the General Assembly read three times and ratified this the 22nd day of June, 2016.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 9:19 a.m. this 30th day of June, 2016