Rhode Island Center for Freedom and Prosperity P3 Bill;
House Bill No. 7340
AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT – PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT (Authorizes the creation of a public-private transportation partnership board to promote transportation improvement programs for the users of our roads. The board would evaluate proposed plans for transportation projects.) http://webserver.rilin.state.ri.us/BillText/BillText16/HouseText16/H7340.pdf
What you are about to read below are quoted highlights taken from Bill H-7340 , submitted by Representative Jared Nunes on behalf of Mike Stenhouse, CEO of the RI Center for Freedom and Prosperity. Fed Up in RI has painfully taken the time to read every horrible word of this Bill to bring to your attention the following clauses that we consider to be of great concern, if not dangerous. After many discussions with Representative Nunes concerning this proposed legislation, what finally dawned on us is that no one probably reads the stuff they’re given to sponsor. And yes, although there are some in the political limelight that have recently taken an interest to do so, but not a peep will you hear about “Privatization”, least they reveal that the talking points that the Center has promoted for public consumption – are contrary to the devil that is in the details of this legislation. Therefore we ask that you read it very carefully, so if it passes, you will not be able to claim that it was not brought to your attention. Because, let there be no mistake about this, we consider this P3 legislation an outright act against our Constitution and Republic, and therefore you are bound by duty under your sworn oaths to prevent this from happening.
Thank you for your time and attention to this matter.
Please see our formal testimony attached for the record.
RE: H-7340 –
PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT ** By Request of The Center for Freedom and Prosperity
Introduced By: Representatives Nunes, Hearn, Marcello, Morgan, and Reilly
Date Introduced: January 27, 2016
Referred To: House Finance
THE PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT
@ pg 1 — “Public entity” means an agency, a municipal authority or an authority created by statute which owns a transportation facility;
@ pg 2 – “Public-private transportation partnership agreement” means a contract for a transportation project which transfers the rights for the use or control, in whole or in part, of a transportation facility by a public entity to a development entity for a definite term during which the development entity will provide the transportation project to the public entity in return for the right to receive all or a portion of the revenue generated from the use of the transportation facility, or other payment, such as the following transportation-related services:…..
Translation – * Privatization just shifts money from working people to profit seeking corporations that end up paying little to no taxes, while the 99% pay rent back to the 1% on their own assets.
@ pg 3 — “Transportation facility” means a proposed or existing road, bridge, tunnel, overpass ferry, busway, guideway, public transportation facility, vehicle parking facility, port facility, multimodal transportation facility, airport, station, hub, terminal or similar facility used or to be used for the transportation of persons, animals or goods, together with any buildings, structures, parking areas, appurtenances, intelligent transportation systems and other property needed to operate or related to the operation of the transportation facility. The term includes any improvements or substantial enhancements or modifications to an existing transportation facility;
42-13.1-3. Public-private transportation partnership board.
(a) There is established a board to be known as the public-private transportation partnership board.
(b) The board shall be composed of the following members:
(1) The director of the department of transportation;
* Stenhouse purposely mislead the public in his talking points and documents – leading the public to believe that under his P3 plan the DOT involvement would be taken over by a private entity. He even referred to the ‘Big Dig’ in his propaganda.
(2) The state budget officer or a designee who shall be an employee of the state budget office;
(3) Five (5) members appointed by the general assembly under subsection (c)
of this section;
(4) One member appointed by the governor under subsection (d) of this section.
(c) Legislative appointments.
(1) Appointments of members by the general assembly shall be made as follows:
(i) One individual appointed by the president of the senate;
(ii) One individual appointed by the minority leader of the senate;
(iii) Two (2) individuals appointed by the speaker of the house of representatives; and
(iv) One individual appointed by the minority leader of the house of representatives.
(2) Legislative appointees shall be residents of this state and serve at the pleasure of the appointing authority.
Interpretation – “serve at the pleasure” of Rhode Island’s political hierarchy.
@ pg 5 — “Actions by the board are a determination of public policy and public interest and shall not be considered orders under chapter 35 of title 42 (the administrative procedures act) and shall not be appealable to any court of law.”
@ pg 10 – “The proprietary public entity may enter into a public – private transportation partnership agreement with any development entity that includes the provisions under subsection (a) of this section for a term not to exceed ninety – nine (99) years.”
Fed Up in RI’s “NOTICE” and Request for Investigation
and Formal Statement in Opposition to House Bill No. 7340
“PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT”
Dear Honorable Chairman, House Finance Committee Members, and House of Representatives,
Please take “NOTICE” that Fed Up in RI stands in firm Opposition to House Bill No. 7340 – entitled the “THE PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT”- RELATING TO STATE AFFAIRS AND GOVERNMENT-Title 42 of the General Laws – CHAPTER 13.1 introduced by Representative Jared R. Nunes, on January 27, 2016, and sponsored by Representatives Joy Hearn, Michael J. Marcello, Patricia L. Morgan, and Daniel P. Reilly, and we hereby reserve all our constitutionally protected Rights against it’s passage by withholding our consent for good cause to the inclusion, tenets and passage of this Bill, and any accompanying PUBLIC-PRIVATE-PARTNERSHIP (P3) amendments, joint resolutions, and any and all corresponding enactments pursuant thereto.
Due to the documented lack of transparency and highly questionable process employed thus far, Fed Up in RI also formally requests an immediate moratorium be placed on all Governor Raimondo’s Administration’s bold Transportation and Privatization initiatives – pending a full investigation and production of all “public” and undisclosed records and work products, for analysis, to ensure that all transportation infrastructure associations, possible conflicts of Interests, contracts, plans, leases, transit investment options and agreements with and under development or consideration, and/or in current law, have been totally revealed under full disclosure, openly and transparently to lawmakers and the public alike, in allowing an informed consent representing the Will of the People by their elected Representatives.
WHEREAS, our Representative form of Government demands adherence to the principles of the People’s right to know and the government’s duty to inform. The Public needs to know what the government is doing in it’s name, or the consent of the governed is meaningless. Thus, the consent of the governed is not consent – if it is not informed.
and WHEREAS, under our Representative form of government, it is not the burden of the Citizens of Rhode Island to prove to it’s Representatives that proposed legislation is NOT in the states and/or the public’s best interest, but rather, as the People’s elected voices, it is you who are charged in your official duties, through due diligence, to prove to those you represent – that House Bill No.7340 in particular, IS (emphasis added) ethically and legally ripe to consider and execute, and is worthy of the People’s informed “Consent.” To do otherwise, by your vote for passage of House Bill No. 7340 under the current documented circumstances, we will consider to be no less than a deliberate breach of your fiduciary duties and the public’s trust.
and WHEREAS, the General Assembly is required by sworn oath to act faithfully to the Constitution for the State of Rhode Island, and the United State’s Constitution, we demand that you uphold your Oaths of Office and withhold your approval at this time of House Bill No. 7340 – “THE PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT ” by voting against it’s passage.
THEREFORE, acting individually, and on behalf of Fed Up in RI and those in membership, please consider this correspondence, along with our “NOTICE” and Request for Investigation and Formal Statement attached, as our official written testimony for the Record – at this time – in Opposition to the proposed PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT.
We reserve our right to submit additional testimony and evidence for the record, during and up to the House’s final determination on this matter.
Further, WE, individually and collectively reserve our rights to seek any and all remedies available under the law for redress of grievances, including but not limited to any or deprecation of Rights arising out of passage of this ACT.
We respectfully request that you include “Fed Up in RI’s “NOTICE” and Formal Statement of Opposition to House Bill No.7340 – “THE PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP ACT” be read and placed in the Permanent Record and put into the House Journal for the official file for; http://webserver.rilin.state.ri.us/BillText/BillText16/HouseText16/H7340.pdf
Thank you for your time and consideration.
/s/Gloria Garvin, founder
Fed Up in RI