2018 -- H 7998

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LC005192

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HIGHWAYS -- MAINTENANCE OF TOWN AND STATE HIGHWAYS

     

     Introduced By: Representatives Fellela, Solomon, Winfield, Costantino, and Serpa

     Date Introduced: March 23, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-5-1.1 of the General Laws in Chapter 24-5 entitled

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"Maintenance of Town Highways" is hereby amended to read as follows:

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     24-5-1.1. Alteration of roadways.

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     (a) Any person, firm, or corporation including, without limitation, utilities and

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contractors who alter alters a roadway that is subject to the provisions of this chapter shall restore

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that portion of the roadway which was altered to the same or better condition than that which

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existed prior to alteration.

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     (b) Restoration of any altered roadway shall commence immediately after the completion

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of the alteration, and shall include, if necessary, temporary or intermediate restoration on an

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ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

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completed.

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     (c) Failure to comply with the provisions of this section shall result in a fine imposed by

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the city or town in the amount of five hundred dollars ($500) per day for each day that the person,

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firm or corporation fails to comply.

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     SECTION 2. Section 24-8-43 of the General Laws in Chapter 24-8 entitled "Construction

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and Maintenance of State Roads" is hereby amended to read as follows:

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     24-8-43. Alteration of roadways.

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     (a) Any person, firm or corporation including, without limitation, utilities and contractors

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who alter alters a roadway that is subject to the provisions of this chapter shall restore that portion

 

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of the roadway which was altered to the same or better condition than that which existed prior to

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alteration.

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     (b) Restoration of any altered roadway shall commence immediately after the completion

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of the alteration, and shall include, if necessary, temporary or intermediate restoration on an

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ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be

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completed.

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     (c) Failure to comply with the provisions of this section shall result in a fine imposed by

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the city or town in the amount of five hundred dollars ($500) per day for each day that the person,

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firm or corporation fails to comply.

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     (b)(d) Any alteration of roadways which creates a public safety concern, as determined

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by the public safety official of that community municipality, including the need to move utility

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poles, shall be corrected, by the contractor and/or utility, within thirty (30) days of being notified

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in writing of such public safety concern by the director of the department of transportation.

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     (c)(e) Where the alteration involves the installation or upgrading of a traffic signal(s),

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such signal(s) shall not be activated until the alteration has been substantially completed, as

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determined by the director of the department of transportation.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- MAINTENANCE OF TOWN AND STATE HIGHWAYS

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     This act would require that any altered roadway be restored to the same or better

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condition than that which existed prior to the alteration, immediately after the completion of the

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alteration, including interim measures as needed on an ongoing basis, and would provide a daily

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penalty of five hundred dollars ($500) for failure to comply.

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     This act would take effect upon passage.

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