2013 -- H 5630

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LC01147

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

TRANSPORTATION - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Representatives Marshall, and Gallison

     Date Introduced: February 27, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-12-1 of the General Laws in Chapter 24-12 entitled "Rhode

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Island Turnpike and Bridge Authority" is hereby amended to read as follows:

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     24-12-1. Definitions. -- As used in this chapter, the following words and terms shall have

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the following meanings, unless the context shall indicate another or different meaning:

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      (1) "Additional facility" means any bridge, approach or feeder road, highway, road,

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freeway, tunnel, overpass, underpass, parking facility or toll facility, in the state, equipment or

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signal and information system, which the authority is authorized by this chapter or any other law

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to construct, reconstruct, renovate, acquire, maintain, repair, operate, or manage after May 3,

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1954 or any portion thereof.

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      (2) "Annual period" means the one-year fiscal period of the state commencing on the

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first day of July of any year and ending the last day of June of the following year.

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      (3) "Authority" means the Rhode Island turnpike and bridge authority created by section

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24-12-2, or, if the authority shall be abolished, the board, body, or commission succeeding to the

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principal functions thereof or upon whom the powers given by the chapter to the authority shall

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be given by law. Effective July 1, 2013, "authority" means the turnpike and bridge division within

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the department of transportation.

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      (4) (i) "Cost" as applied to any project to be constructed, reconstructed, renovated,

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maintained, acquired, leased, repaired, operated or managed by the authority shall embrace the

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cost of construction, reconstruction, renovation, maintenance, repair, operation or management,

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the cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests

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acquired by the authority for the construction, reconstruction, renovation, maintenance, repair,

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operation or management, the cost of demolishing or removing any buildings or structures on

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land so acquired, including the cost of acquiring any lands to which the buildings or structures

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may be moved, the cost of all machinery and equipment, financing charges, interest prior to and

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during construction, reconstruction, renovation, maintenance, repair, operation or management,

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and for one year after completion of construction, reconstruction, renovation, maintenance, repair,

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operation or management, cost of traffic estimates and of engineering and legal services, plans,

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specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to

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determining the feasibility or practicability of construction, reconstruction, renovation,

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maintenance, repair, operation or management, administrative expenses, and such other expenses

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as may be necessary or incident to the construction, reconstruction, renovation, maintenance,

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repair, operation or management, the financing of the construction, and the placing of the project

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in operation, and in connection with the Newport Bridge shall include the purchase price of the

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ferry franchise. The word "cost" as applied to any project which the authority may be authorized

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to acquire means the amount of the purchase price, lease payments, debt service payments, or the

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amount of any condemnation award in connection with the acquisition of the project, and shall

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include the cost of acquiring all the capital stock of the corporation owning the project, if such be

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the case, and the amount to be paid to discharge all of the obligations of the corporation in order

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to vest title to the project in the authority, the cost of improvements to the project which may be

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determined by the authority to be necessary prior to the financing thereof, interest during the

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period of construction of the improvements and for one year thereafter, the cost of all lands,

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properties, rights, easements, franchises, and permits acquired, the cost of engineering and legal

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services, plans, specifications, surveys, estimates of cost and of revenues, other expenses

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necessary or incident to determining the feasibility or practicability of the acquisition or

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improvement, administrative expenses, and such other expenses as may be necessary or incident

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to the financing of the acquisition or improvement and the placing of the project in operation by

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the authority.

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      (ii) "Cost" as applied to the Mount Hope Bridge means such amount, if any, as the

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authority may deem necessary, following the acquisition of a bridge under the provisions of

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section 24-12-40A, to place the bridge in safe and efficient condition for its operation. And as

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applied to any project constructed or acquired by the authority under the provisions of the

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chapter, the word "cost" shall also include such amounts as the authority may deem necessary for

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working capital and to create a debt service reserve.

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      (iii) "Cost" as applied to the Sakonnet River Bridge includes such amount, if any, as the

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authority may deem necessary, following the acquisition of the Sakonnet River Bridge under the

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provisions of subsection 24-12-40F, to place the bridge in safe and efficient condition for its

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operation. As applied to any project constructed or acquired by the authority under the provisions

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of the chapter, the word "cost" shall also include such amounts as the authority may deem

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necessary for capitalized interest, working capital and to create a debt service reserve.

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      (iv) "Cost" as applied to the Jamestown Verrazzano Bridge includes such amount, if any,

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as the authority may deem necessary, following the acquisition of the Jamestown Verrazzano

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Bridge under the provisions of subsection 24-12-40G, to place the bridge in safe and efficient

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condition for its operation. As applied to any project constructed or acquired by the authority

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under the provisions of the chapter, the word "cost" shall also include such amounts as the

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authority may deem necessary for capitalized interest, working capital and to create a debt service

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reserve.

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      (5) "Department" means the department of transportation, or, if the department shall be

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abolished, the board, body, or commission succeeding to the principal functions thereof or upon

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whom the powers given by chapter 5 of title 37 to the department shall be given by law.

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      (6) "Ferry franchise" means the existing franchises and rights to operate ferries

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belonging to the Jamestown and Newport ferry company, but not including any other intangible

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personal property or real estate or tangible personal property of the corporation which shall

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remain the property of the corporation.

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      (7) "Jamestown Bridge" means the former bridge over the west passage of Narragansett

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Bay between the towns of Jamestown and North Kingstown constructed by the Jamestown Bridge

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commission under the provisions of chapter 2536 of the Public Laws, 1937 and the approaches

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thereto, and shall embrace all tollhouses, administration, and other buildings and structures used

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in connection therewith, together with all property, rights, easements, and interests acquired by

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the Jamestown Bridge commission in connection with the construction and operation of the

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bridge.

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      (8) "Jamestown Verrazzano Bridge" means the bridge constructed in replacement of the

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Jamestown Bridge, as defined in subdivision (7) and the approaches thereto, and shall embrace all

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tollhouses, administration, and other buildings and structures used in connection therewith,

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together with all property, rights, easements, and interests acquired by the authority in connection

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with the construction and operation of such bridge.

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      (9) "Mount Hope Bridge" means the existing bridge between the towns of Bristol and

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Portsmouth and the approaches thereto, which was constructed by the Mount Hope Bridge

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corporation and which was acquired and is now owned and operated by the Mount Hope Bridge

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authority under the provisions of chapter 13 of this title, and shall embrace all tollhouses,

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administration, and other buildings and structures used in connection therewith, together with all

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property, rights, easements, and interests acquired by the Mount Hope Bridge corporation or the

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Mount Hope Bridge authority in connection with the construction and operation of the bridge.

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      (10) "Newport Bridge" means the bridge or tunnel or combination of bridge and tunnel

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constructed or to be constructed under the provisions of this chapter over or under the waters of

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Narragansett Bay between Conanicut Island and Aquidneck Island, shall embrace the substructure

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and the superstructure thereof and the approaches thereto and the entrance plazas, interchanges,

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overpasses, underpasses, tollhouses, administration, storage, and other buildings, and highways

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connecting the bridge or tunnel with the Jamestown Verrazzano Bridge (defined in subdivision

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(8)) and with state highways as the authority may determine to construct from time to time in

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connection therewith, together with all property, rights, easements, and interests acquired by the

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authority for the construction and operation of the bridge or tunnel or combination of bridge and

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tunnel.

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      (11) "Owner" means and include all individuals, incorporated companies, partnerships,

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societies, or associations, and also municipalities, political subdivisions, and all public agencies

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and instrumentalities, having any title or interest in any property, rights, easements, or franchises

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authorized to be acquired under the provisions of this chapter.

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      (12) "Project" means the "Newport Bridge," "Mount Hope Bridge," "Sakonnet River

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Bridge," "Jamestown Verrazzano Bridge", the "turnpike" or any "additional facility," as the case

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may be, or any portion thereof which may be financed, acquired or leased under the provisions of

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this chapter.

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      (13) "Turnpike" means the controlled access highway or any portion thereof to be

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constructed or acquired, from time to time, under the provisions of this chapter from a point at or

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near the Connecticut-Rhode Island border through the county of Washington and the county of

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Newport to a point at or near the Massachusetts-Rhode Island border in the town of Tiverton

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(excluding the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and

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the Sakonnet River Bridge), together with all bridges (except those mentioned above),

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overpasses, underpasses, interchanges, entrance plazas, approaches, approach roads, tollhouses,

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service stations, and administration, storage, and other buildings and facilities which the authority

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may deem necessary for the operation of the turnpike, together with all property, rights,

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easements, and interests which may be acquired by the authority for the construction or the

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operation of the turnpike.

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      (14) "Sakonnet River Bridge" means the replacement Sakonnet River bridge constructed

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or to be constructed under the provisions of Article 36 of Chapter 376 of the Public Laws of 2003

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between the towns of Tiverton and Portsmouth and shall embrace the substructure and the

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superstructure thereof and the approaches thereto and the toll structures, interchanges, overpasses,

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underpasses, tollhouses, administration, storage, and other buildings, and highways connecting

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the bridge with state highways, as the authority may determine to construct or acquire from time

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to time in connection therewith, together with all property, rights, easements, and interests

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acquired by the authority for the construction and operation of the bridge.

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     SECTION 2. Sections 24-12-2, 24-12-3 and 24-12-4 of the General Laws in Chapter 24-

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12 entitled "Rhode Island Turnpike and Bridge Authority" are hereby repealed.

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     24-12-2. Authority created -- Composition. -- There is hereby created a body corporate

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and politic to be known as the "Rhode Island turnpike and bridge authority." The authority shall

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consist of five (5) members, including the director of transportation, who shall be a member ex

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officio, and four (4) members appointed by the governor.

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     24-12-3. Appointment of authority members -- Oath of office. -- (a) During the month

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of March in each year, the successor of any member whose term is about to expire shall be

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appointed by the governor for a term of four (4) years commencing the first day of April then

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next ensuing, but any person appointed to fill a vacancy shall serve only for the unexpired term.

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Any member of the authority shall be eligible for reappointment.

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      (b) Each appointed member of the authority before entering upon his or her duties shall

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take an oath to administer the duties of his or her office faithfully and impartially, and the oath

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shall be filed in the office of the secretary of state.

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     24-12-4. Officers of authority -- Quorum -- Reimbursement of expenses of members.

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-- (a) The authority shall elect one of its members as chairperson and another as vice-chairperson

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and shall also elect a secretary and a treasurer who may or may not be members of the authority.

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Three (3) members of the authority shall constitute a quorum and the vote of three (3) members

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shall be necessary for any action taken by the authority. No vacancy in the membership of the

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authority shall impair the right of a quorum to exercise all the rights and perform all the duties of

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the authority. The members of the authority shall receive no salary for their services as authority

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members but shall be paid their necessary expenses while engaged in the performance of their

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duties, and the appointed members of the authority shall be paid the sum of forty dollars ($40.00)

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for each day or portion thereof in which they are engaged in the performance of their duties.

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      (b) The secretary and the treasurer shall receive such salaries as shall be fixed by the

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authority from time to time.

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     SECTION 3. Chapter 24-12 of the General Laws entitled "Rhode Island Turnpike and

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Bridge Authority" is hereby amended by adding thereto the following section:

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     24-12-59. References to authority. – Any and all references to the "Rhode Island

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Turnpike and Bridge Authority" or "authority" with relation to this chapter shall be deemed to be

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a reference to the division within the department of transportation created pursuant to chapter 42-

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13, which is known as "The Turnpike and Bridge Division."

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     SECTION 4. Chapter 42-13 of the General Laws entitled "Department of Transportation"

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is hereby amended by adding thereto the following section:

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     42-13-8. Transfer of function from the Rhode Island turnpike and bridge authority.

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– (a) There is hereby transferred to the department of transportation that function formerly

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administered by the Rhode Island turnpike and bridge authority, together with all of the powers,

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duties, and authority granted and imposed by chapter 24-12 of the general laws.

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     (b) In addition to any of its other powers and responsibilities, the department is

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authorized and empowered to accept any grants made available by the United States government

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or any agency thereof, and the department, with the approval of the governor, is authorized and

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empowered to perform such acts and enter into all necessary contracts and agreements with the

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United States of America or any agency thereof as may be necessary in such manner and degree

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as shall be deemed to be in the best interest of the state. The proceeds of any grants so received

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shall be paid to the general treasurer of the state and by him or her deposited in a separate fund

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and shall be utilized for the purposes of the grant or grants.

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     SECTION 5. Section 42-13-2 of the General Laws in Chapter 42-13 entitled "Department

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of Transportation" is hereby amended to read as follows:

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     42-13-2. Organization and functions of the department. -- (a) The department shall be

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organized into such divisions as are described in this section and such other divisions,

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subdivisions, and agencies as the director shall find are necessary to carry out the responsibilities

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of the department.

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      (1) Division of administration. - This division shall be headed by an assistant director for

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administration. The division shall provide assistance to the director in managing and controlling

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the work of the department, shall collect bridge tolls and administer any financial support made

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available to support railroad passenger or freight service. The division of administration shall

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include:

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      (i) A business management office which shall provide central personnel, financial

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programming, payroll, and other management services to all divisions and agencies of the

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department.

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      (ii) A legal counsel who shall prepare or review any legislation pertaining to the

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department, assist in preparing contracts, handle claims against the department, and provide other

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legal services as required.

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      (iii) A public information office which shall inform the public of the programs and

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projects of the department, answer inquiries by the public, prepare and release progress reports

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and other publications, and provide photographic services.

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      (iv) An audits office which shall continuously audit all of the activities of the department

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and insure compliance with state and federal laws and administrative regulations.

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      (v) A property management office which shall acquire all real property for the

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department, make appraisals of property, manage real property under the department's

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jurisdiction, and operate a family and business relocation program. The property management

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office shall manage those state piers and related facilities which are used for port or waterways

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transportation purposes.

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      (2) Planning division. - This division shall be headed by a chief of transportation

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planning. The division shall assist the division of planning in the department of administration to

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prepare transportation elements of the long-range state guide plan. The division will prepare

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functional and area plans, project plans, improvement programs, and implementation programs

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which are consistent with the long-range state guide plan. The division will undertake corridor,

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route location, feasibility, facility needs, and other studies as required to support the work of the

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department. The division shall collect and analyze statistical and other data on all types of

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transportation needs and facilities.

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      (3) Public works division. - This division shall be headed by a chief engineer. The

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division shall be responsible for the design and engineering of roads, bridges, transit facilities,

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airport facilities, port and waterways facilities, and all other transportation facilities. The division

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shall prepare contracts and specifications for all construction projects undertaken by the

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department. The division shall supervise the execution of all construction projects. The division

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shall perform traffic engineering functions, make surveys and soil studies, test materials, and

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perform other functions necessary to support the department's design and construction activities.

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      (4) Maintenance division. - This division shall be headed by a maintenance engineer.

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The division shall maintain all roads, bridges, airports, piers, port terminal facilities, and other

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transportation facilities and landscaped areas which are under the jurisdiction of the department

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of transportation. The division shall install and maintain traffic control signs and signals.

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      (5) Airports division. - This division shall be headed by an assistant director for airports.

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The division shall operate all state-owned airports, heliports, and other facilities for air

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transportation, including passenger and cargo terminals, parking facilities and other supporting

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facilities, emergency services, and security services. The division shall regulate aeronautical

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matters and shall supervise the location, maintenance, operation, and use of privately-owned civil

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airports, landing areas, navigation facilities, air schools, and flying clubs.

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      (b) The director may assign such other responsibilities to the divisions and agencies as

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he or she shall find appropriate and may reassign functions to divisions and agencies other than as

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set out in this section if he or she shall find this reassignment necessary to the proper and efficient

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functioning of the department or of the state's transportation system.

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     (6) Turnpike and bridge division. - This division shall be headed by an assistant director

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for turnpikes and bridges. The division shall perform all the functions formerly performed by the

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Rhode Island turnpike and bridge authority pursuant to chapter 24-12, including, but not limited

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to, the design, construction, and maintenance of the various turnpikes and bridges in the state.

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     SECTION 6. This act shall take effect on July 1, 2013.

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LC01147

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

TRANSPORTATION - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

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     This act would transfer the functions of the Rhode Island Turnpike and Bridge Authority

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to the department of transportation as the Turnpike and Bridge Division.

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     This act would take effect on July 1, 2013.

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LC01147

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