2012 -- H 7457

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LC01133

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

TRANSPORTATION

     Introduced By: Representatives Morrison, Gallison, and Malik

     Date Introduced: February 09, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. 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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     (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 operate any and all bridges and turnpikes as

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specified in chapter 24-12. This division shall have all of the powers and authority as enumerated

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therein.

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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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     SECTION 2. Sections 24-12-2 and 24-12-5 of the General Laws in Chapter 24-12

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entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to read as follows:

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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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     The turnpike and bridge division shall be dissolved and placed under auspices of the

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department of transportation. Any and all powers, rules and regulations concerning turnpikes and

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bridges shall continue as enumerated herein. Any references within the general laws to the

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turnpike and bridge authority shall now be construed and deemed to be the turnpike and bridge

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division within the department of transportation.

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     24-12-5. Power to construct, reconstruct, renovate, acquire, maintain, repair,

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operate or manage projects or additional facilities and to issue bonds. -- In order to facilitate

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vehicular traffic, remove many of the present handicaps and hazards on the congested highways

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in the state, alleviate the barriers caused by large bodies of water, and promote the agricultural

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and industrial development of the state, the Rhode Island turnpike and bridge authority is hereby

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authorized and empowered: to construct the Newport Bridge, the turnpike, any portion thereof or

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any additional facility hereafter authorized to be constructed; to acquire the Mount Hope Bridge

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and Sakonnet River Bridge, and any additional facility hereafter authorized to be acquired (except

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the Sakonnet River Bridge); to maintain, construct, reconstruct, renovate, acquire, repair, operate

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or manage any project or projects; and to issue bonds of the authority as provided in this chapter

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to finance any project or projects; provided, however, that the Mount Hope Bridge shall only be

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acquired as provided for by section 24-12-40A.

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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. Title to Sakonnet River Bridge vested in the department of transportation,

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turnpike and bridge division. – All powers, control, and jurisdiction of and title to the Sakonnet

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River Bridge is hereby affirmed as having vested in the department of transportation, turnpike

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and bridge division as of June 1, 2009.

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     .SECTION 4. Sections 31-36-7 and 31-36-20 of the General Laws in Chapter 31-36

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entitled "Motor Fuel Tax" are hereby amended to read as follows:

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     31-36-7. Monthly report of distributors -- Payment of tax. -- (a) State requirements. -

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Every distributor shall, on or before the twentieth (20th) day of each month, render a report to the

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tax administrator, upon forms to be obtained from the tax administrator, of the amount (number

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of gallons) of fuels purchased, sold, or used by the distributor within this state and the amount of

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fuels sold by the distributor without this state from fuels within this state during the preceding

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calendar month, and, if required by the tax administrator as to purchases, the name or names of

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the person or persons from whom purchased and the date and amount of each purchase, and as to

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sales, the name or names of the person or persons to whom sold and the amount of each sale, and

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shall pay at the same time to the administrator tax at the rate of thirty cents ($.30) thirty-two cents

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($.32) per gallon on all taxable gallons of fuel sold or used in this state.

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      (b) Federal requirements. - In the event the federal government requires a certain portion

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of the gasoline tax to be dedicated for highway improvements, then the state controller is directed

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to establish a restricted receipt account and deposit that portion of gasoline tax receipts which

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brings the state into federal compliance.

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     31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to

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the contrary, all moneys paid into the general treasury under the provisions of this chapter or

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chapter 37 of this title, and title 46 shall be applied to and held in a separate fund and be

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deposited in any depositories that may be selected by the general treasurer to the credit of the

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fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that in

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fiscal year 2004 for the months of July through April six and eighty-five hundredth cents

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($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of

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section 31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit

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authority as provided under section 39-18-21. For the months of May and June in fiscal year

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2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal year

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2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 2006

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through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725);

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provided, that expenditures shall include the costs of a market survey of non-transit users and a

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management study of the agency to include the feasibility of moving the Authority into the

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Department of Transportation, both to be conducted under the auspices of the state budget officer.

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The state budget officer shall hire necessary consultants to perform the studies, and shall direct

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payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006

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session of the General Assembly, with comments from the Authority. For fiscal year 2009, the

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allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent

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($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee

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pursuant to section 46-12.9-11. For fiscal years 2010 and thereafter, the allocation shall be nine

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and seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be derived

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from the one cent ($0.01) per gallon environmental protection fee pursuant to section 46-12.9-11.

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One cent ($0.01) per gallon shall be transferred to the Elderly/Disabled Transportation Program

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of the department of human services, and the remaining cents per gallon shall be available for

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general revenue as determined by the following schedule:

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      (i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for

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general revenue.

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      (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for

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general revenue.

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      (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general

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revenue.

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      (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for

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general revenue.

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      (v) For the months of July through April in fiscal year 2004, one and four-tenths cents

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($0.014) shall be available for general revenue. For the months of May through June in fiscal year

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2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,

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until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year

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2006 through fiscal year 2009 one cent ($0.01) shall be available for general revenue.

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      (2) All deposits and transfers of funds made by the tax administrator under this section,

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including those to the Rhode Island public transit authority, the department of human services and

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the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the

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funds in question.

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      (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of

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Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined

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by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the

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election of the Director of the Rhode Island Department of Transportation, with the approval of

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the Director of the Department of Administration, to an indenture trustee, administrator, or other

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third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax

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imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint

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Resolution and Enactment Approving the Financing of Various Department of Transportation

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Projects adopted during the 2003 session of the General Assembly, and approved by the

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Governor.

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      (b) Notwithstanding any other provision of law to the contrary, all other funds in the

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fund shall be dedicated to the department of transportation, subject to annual appropriation by the

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general assembly. The director of transportation shall submit to the general assembly, budget

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office and office of the governor annually an accounting of all amounts deposited in and credited

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to the fund together with a budget for proposed expenditures for the succeeding fiscal year in

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compliance with sections 35-3-1 and 35-3-4. On order of the director of transportation, the state

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controller is authorized and directed to draw his or her orders upon the general treasurer for the

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payments of any sum or portion of the sum that may be required from time to time upon receipt

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of properly authenticated vouchers.

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      (c) At any time the amount of the fund is insufficient to fund the expenditures of the

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department of transportation, not to exceed the amount authorized by the general assembly, the

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general treasurer is authorized, with the approval of the governor and the director of

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administration, in anticipation of the receipts of monies enumerated in section 31-36-20 to

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advance sums to the fund, for the purposes specified in section 31-36-20, any funds of the state

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not specifically held for any particular purpose. However, all the advances made to the fund shall

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be returned to the general fund immediately upon the receipt by the fund of proceeds resulting

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from the receipt of monies to the extent of the advances.

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     SECTION 5. This act shall take effect upon passage.

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LC01133

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

TRANSPORTATION

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     This act would create the turnpike and bridge division within the department of

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transportation The act would also transfer title to the Sakonnet River Bridge to the turnpike

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division within the department of transportation.

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     This act would take effect upon passage.

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LC01133

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