2019 -- H 5392

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LC001461

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HIGHWAYS -- MAINTENANCE OF TOWN AND STATE HIGHWAYS

     Introduced By: Representatives Fellela, Costantino, Ucci, Messier, and Ackerman

     Date Introduced: February 14, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

     24-5-1.1. Alteration of roadways.

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

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

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

existed prior to alteration.

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

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

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

completed.

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

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

firm or corporation fails to comply.

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

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

     24-8-43. Alteration of roadways.

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

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

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

alteration.

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

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

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

completed.

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

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

firm or corporation fails to comply.

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

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

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

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

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

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

determined by the director of the department of transportation.

     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

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

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

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

     This act would take effect upon passage.

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