Chapter 213
2010 -- S 2133 SUBSTITUTE A AS
AMENDED
Enacted 06/25/10
A N A C T
RELATING TO
HIGHWAYS-ACCESSIBLE CROSSWALKS
Introduced
By: Senators Tassoni, Lanzi,
and
Date Introduced: February 04, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Section 24-7-1 of the General Laws in Chapter
24-7 entitled "Sidewalks" is
hereby amended to read as follows:
24-7-1.
Power of towns to establish and regulate sidewalks. --
(a) The town council of
any town shall have the power to order sidewalks,
including curbing of stone or other material,
made and laid in and upon the streets and highways of the
town, and may make ordinances and
regulations relative to the altering or repairing thereof, to the
use, maintenance, care, and cleaning
of the sidewalks, to removing ice and snow therefrom, to the removal of posts, steps, and other
obstructions therein, and to the maintenance and removal of
awnings, signs, and other structures
projecting over the sidewalks; provided, that the ordinances and
regulations shall not be contrary
to the laws of this state.
(b) The construction
of sidewalks and curbs to be owned by all cities and towns and the
maintenance of all sidewalks and curbs owned by all cities and towns,
shall be in compliance
with all state regulations promulgated by the director of
transportation pursuant to subsection 42-
13-1(b).
SECTION 2. Section 42-13-1 of the General Laws in Chapter
42-13 entitled "Department
of Transportation" is hereby amended to read as
follows:
42-13-1.
Establishment -- Head of departments -- Powers. --
(a) There shall be a
department of transportation. The head of the department shall
be the director of transportation,
appointed by the governor with the advice and consent of the
senate, who shall carry out the
provisions of this chapter and, except as otherwise provided by
this title, the provisions of
chapters 2 and 4 of title 1; chapters 8 and 10 of title 24;
chapter 13 of title 31; chapter 12 of title
37; and of all other general laws heretofore carried
out by the director of public works and the
department of public works, the
highway safety. The director shall also be responsible for
preparation of short-range plans, project
plans, and implementation programs for transportation; for
port and waterways facilities where
the principal purpose is transportation and management of
port properties, warehouses, and state
piers which function primarily as transportation
facilities; and for maintaining an adequate level
of rail passenger and freight services, including the
administration of any financial or technical
assistance which may be made available to operators of railroad
transportation facilities;
provided, however, that all contracts for the construction,
reconstruction, maintenance, and
repairs of all public roads and bridges, public buildings and
all other properties of the state
government, and the purchase of all equipment, materials, and
supplies used in accordance
therewith shall be negotiated by the purchasing agent in the
department of administration.
(b) The director shall
adopt and promulgate state regulations which will set standards for
future state, city and town construction and
maintenance of sidewalks and curbs, in a manner
which will make the use of the sidewalks more easily
accessible to people who are disabled. Said
standards shall require the installation of curb cuts and/or
ramps at both ends of any pedestrian
crosswalk.
The director shall adopt
and promulgate a procedure to process all claims pursuant to
section 24-8-35, for damages to motor vehicles caused by
potholes on state highways and in all
instances have the final determination as to the merits of each
claim.
(c) The director shall
promulgate and adopt regulations which will prohibit any
contractors who have been convicted of fraud, bid-rigging, or a
violation of any state or federal
antitrust law from bidding on any construction projects
administered by the department for a
period of five (5) years from the date of any of the above
convictions.
SECTION 3. This act shall take effect upon passage.
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LC00867/SUB A
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