TITLE XX
TRANSPORTATION

Chapter 239
COOPERATIVE ALLIANCE FOR SEACOAST TRANSPORTATION

Section 239:1

    239:1 Definitions. –
In this chapter:
I. "COAST" means the Cooperative Alliance for Seacoast Transportation.
II. "Directors" means the COAST board of directors.
III. "Mass transportation" means all real and personal property, of whatever nature, and rights used or useful for the transportation of passengers for hire.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:2

    239:2 Cooperative Alliance for Seacoast 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 Cooperative Alliance for Seacoast Transportation, also known as COAST. The public purpose of COAST is to acquire, own, and operate or cause to be operated a regional mass transportation system.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:3

    239:3 Board of Directors. –
I. The board of directors of COAST may include but is not limited to the following representatives:
(a) 5 from the governor's blue ribbon commission on seacoast transportation or from companies with 250 or more employees;
(b) One from every town or city served by COAST;
(c) One from the Strafford county commission;
(d) One from the Rockingham county commission;
(e) One each from 3 private, urban, fixed route transportation companies;
(f) One from the university system of New Hampshire;
(g) One each from 2 social service agencies providing transportation in Rockingham county;
(h) One each from 2 social service agencies providing transportation in Strafford county;
(i) One from a taxi company;
(j) One from the state council on aging;
(k) One each from the Strafford regional planning commission and the Rockingham planning commission;
(l) One each from the Rochester, Dover, Portsmouth and Exeter Chambers of Commerce;
(m) One from the governor's commission on disability;
(n) One from the department of transportation;
(o) One from the Rochester-Dover-Portsmouth metropolitan planning organization's policy committee;
(p) One non-voting from the United States Department of Transportation, division I, Urban Mass Transportation Administration.
II. Each entity in paragraph I of this section may appoint an alternate who will serve if the primary 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 chairman and another as vice chairman. 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, but COAST shall reimburse its directors for actual expenses appropriately and necessarily incurred in the discharge of their duties.

Source. 1985, 185:1. 1990, 140:1, eff. June 18, 1990.

Section 239:4

    239:4 General Powers. –
COAST 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 COAST 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 COAST and to determine their qualifications, terms of office, duties, and compensation, all without regard to the provisions of RSA 98. COAST 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 COAST; 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.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:5

    239:5 Contracts Made by COAST. –
I. COAST 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 COAST 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 COAST 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 COAST consonant with its public purposes.
II. COAST 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. COAST 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 COAST in such manner as may be authorized from time to time by COAST.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:6

    239:6 Exemption from Regulation. – With the exception of insurance and safety requirements, COAST shall not be regulated by the New Hampshire public utilities commission.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:7

    239:7 Exemption from Taxes. – All property of COAST is hereby declared to be public property devoted to the public purpose of developing a regional mass rapid 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. COAST shall not be required to pay taxes or assessments upon its activities or upon any of its revenues.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:8

    239:8 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.

Source. 1985, 185:1, eff. July 27, 1985.

Section 239:9

    239:9 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.

Source. 1985, 185:1, eff. July 27, 1985.