HB 568 – FINAL VERSION
HOUSE BILL 568
This bill establishes the greater Derry-Salem cooperative alliance for regional transportation to provide public transportation for certain towns in the Derry-Salem area.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing the greater Derry-Salem cooperative alliance for regional transportation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
239-A:1 Definitions. In this chapter:
I. “CART” means the greater Derry-Salem cooperative alliance for regional transportation.
II. “CART region” means the 11 town region including the municipalities of Derry, Salem, Londonderry, Pelham, Windham, Chester, Plaistow, Sandown, Danville, Hampstead, and Atkinson. Passage of this legislation does not obligate these towns to participate in CART.
III. “Directors” means the CART board of directors.
IV. “Public transportation” means all real and personal property, of whatever nature, and rights used or useful for the transportation of passengers for hire.
239-A:2 Greater Derry-Salem Cooperative Alliance for Regional Transportation Established. There is hereby established a public body corporate and politic having a distinct legal existence separate from the state and not constituting a department or agency of the state government to be known as the greater Derry-Salem cooperative alliance for regional transportation, also known as CART. Creation of this regional transit alliance is a key recommendation of the greater Derry-Salem regional transportation plan, completed in 2003 by the rockingham planning commission, Southern New Hampshire planning commission, and Nashua regional planning commission. The public purpose of CART is to acquire, own, and operate or cause to be operated a regional public transportation system serving the citizens of the CART region, which is the only urbanized area in the state of New Hampshire which lacks regular transit service. Municipal participation in this regional system will be voluntary, though provision of transit service to any individual municipality will be based on financial participation.
239-A:3 Board of Directors.
I. The board of directors of CART may include but is not limited to the following representatives:
(a) One to 3 representatives from each town served by CART, determined as follows based upon the most recent decennial census. Each municipality which shall become a member of CART shall be entitled to one representative on said board. A municipality with a population of over 10,000 but less than 25,000 shall be entitled to have 2 representatives on said board, and a municipality with a population of over 25,000 shall be entitled to have 3 representatives on said board;
(b) One from each of the 3 human service agencies providing transportation in the CART service area and participating in the regional transit brokerage system;
(c) One from the rockingham planning commission, the Nashua regional planning commission, and the Southern NH planning commission;
(d) One from the department of transportation;
(e) One, non-voting, from the United States Department of Transportation, Region 1, Federal Transit Administration.
II. It is the responsibility of the entities described above to identify and appoint the members. Each entity in paragraph I of this section may appoint an alternate who will serve if a board member is absent. The board of directors shall hold office for 2 years. All initial appointments shall be regarded as having begun on the day of the annual meeting.
III. Annually, the board of directors shall elect one of its members as chairperson and another as vice chairperson. The directors shall elect a secretary and a treasurer who shall also be board members, and the same person may serve both as secretary and as treasurer. The officers shall be elected by majority vote.
IV. The directors shall serve without compensation.
239-A:4 General Powers. CART shall have the following powers:
I. To sue and be sued;
II. To adopt and have an official seal;
III. To adopt such bylaws and rules as necessary to exercise the powers and perform the duties under this chapter;
IV. To adopt rules governing the use, operation, and maintenance of the system and to determine all routings and alter the same at pleasure;
V. To acquire, hold, use, and dispose of its income, revenues, funds, and moneys; and to deposit any moneys of CART in accordance with the general laws of the state of New Hampshire;
VI. To appoint and employ officers, attorneys, engineers, consultants, agents, and employees as required to carry out the purposes of CART and to determine their qualifications, terms of office, duties, and compensation. CART may require bonds of its officers or employees;
VII. To rent, lease, hold, use, and dispose of the system or any part of the system;
VIII. To apply for and accept gifts, loans, or grants of property, funds, money, materials, labor, supplies, or services from the United States of America or the state of New Hampshire or its agencies or departments or any person, municipality, county, or firm, or corporation, and to carry out the terms or provisions or make agreements with respect to any such gifts, loans, or grants, and to do any and all things necessary, useful, desirable, or convenient in connection with procuring, accepting, or disposing of such gifts, loans, or grants;
IX. To make, enter into, and enforce all contracts or agreements with any department or agency of the United States of America or of the state of New Hampshire or any public corporation, or quasi-public corporation or any individual, necessary, convenient, or desirable for the purposes of CART; and
X. To fix rates, fares, tolls, charges, rents, or other charges for the use of its system and may alter or change them at pleasure.
239-A:5 Contracts Made by CART.
I. CART may enter into contracts and agreements which it considers to be in the interests of its public purposes with any person or persons, with any public or quasi-public corporation with any state, and with the United States and any department or agency thereof. It may enter into agreements for the joint use of any property and rights by CART and by any public utility operating any transportation facilities; agreements with any public utility operating any transportation facilities either within or without the service area for the joint use of any property of CART or public utility, or the establishment of through routes, joint fares, and transfer of passengers; and agreement with any person, or public corporation or quasi-public corporation for the maintenance, servicing, storage, operation, or use of any transit facility, property, or equipment on such basis as shall seem to CART consonant with its public purposes.
II. CART may make contracts, leases, and agreements with any department or agency of the United States of America or of the state of New Hampshire, or with any person, municipality, county, or labor union, and may generally perform all acts necessary for the full exercise of the powers vested in it. CART may acquire rolling stock or other property under conditional sales contracts, leases, equipment trust certificates, or any other form of contracts, leases, equipment, trust certificates, or any other form of contract or trust agreement. Contracts may be let by an officer, employee, or agent of CART in such manner as may be authorized from time to time by CART.
239-A:6 Exemption from Regulation. With the exception of insurance and safety requirements, CART shall not be regulated by the New Hampshire public utilities commission.
239-A:7 Exemption from Taxes. All property of CART is hereby declared to be public property devoted to the public purpose of developing a regional public transit system to aid a greater metropolitan area faced with the solution of transit needs and shall be exempt from all taxes and special assessments of the state or any of its subdivisions. CART shall not be required to pay taxes or assessments upon its activities or upon any of its revenues.
239-A:8 Conflicts in Statutes. It is the intent of the legislature that in the event of any conflict or inconsistency between the provisions of this chapter and any other laws pertaining to matters established or provided for in this chapter, or between any rules adopted under this chapter and other laws, to the extent of such conflict or inconsistency, the provisions of this chapter shall be enforced and the provisions of such other laws and rules adopted thereunder shall be of no force and effect.
239-A:9 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
116:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: June 15, 2005)
(Effective Date: August 14, 2005)