Chapter 258
2018 -- S 2579
Enacted 07/02/2018

A N   A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND PUBLIC RAIL CORPORATION ACT

Introduced By: Senator Dennis L. Algiere
Date Introduced: March 01, 2018

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 42-64.2-4 and 42-64.2-5 of the General Laws in Chapter 42-64.2
entitled "Rhode Island Public Rail Corporation Act" are hereby amended to read as follows:
     42-64.2-4. General powers.
     Except to the extent inconsistent with any specific provision of this chapter, the Rhode
Island public rail corporation shall have power:
     (1) To sue and be sued, complain and defend, in its corporate name;
     (2) To have a seal, which may be altered at pleasure, and to use the seal by causing it, or
a facsimile thereof, to be impressed or affixed or in any other manner reproduced;
     (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, real or personal property, or any interest therein, wherever situated;
     (4) To re-convey, lease, or sell real property acquired. Upon the sale of any real property
or interest therein which that is held by the corporation, the proceeds from the sale shall be
transferred to the general fund of the state.
     (5) To make contracts and guarantees and incur liabilities, and borrow money at any rates
of interest that the corporation may determine;
     (6) To make and execute agreements of lease, conditional sales contracts, installment
sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other
contracts and instruments necessary or convenient in the exercise of the powers and functions of
the corporation granted by this chapter;
     (7) To lend money for its purposes, invest and reinvest its funds, and at its option to take
and hold real and personal property as security for the payment of funds so loaned or invested;
     (8) To acquire, or contract to acquire, from any person, firm, corporation, municipality,
the federal government or the state, or any agency of either the federal government or state, by
grant, purchase, lease, gift, condemnation or otherwise, or to obtain options for the acquisition of
any property, real or personal, improved or unimproved, and interests in land less than the fee
thereof; and to own, hold, improve, develop, and rehabilitate, and to sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose or encumber the property for the purposes
of carrying out the provisions and intent of this chapter, for any consideration the corporation
shall determine;
     (9) To conduct its activities, carry on its operations, and have offices, and exercise the
powers granted by this chapter, within or without the state;
     (10) To elect or appoint officers and agents of the corporation, and define their duties and
fix their compensation;
     (11) To make and alter by-laws bylaws, not inconsistent with this chapter, for the
administration and regulation of the affairs of the corporation; those by-laws bylaws may contain
provisions indemnifying any person who is or was a director, officer, employee, or agent of the
corporation, or is or was serving at the request of the corporation as a director, officer, employee,
or agent of another corporation, partnership, joint venture, trust, or other enterprise, in the manner
and to the extent provided in § 7-1.2-814;
     (12) To be a promoter, partner, member, associate, or manager of any partnership,
enterprise, or venture; and
     (13) To have and exercise all powers necessary or convenient to effect its purposes.;
     (14) To defend, indemnify and save harmless the National Railroad Passenger
Corporation ("Amtrak") and third parties for all damage or liability for personal injury or property
damages which that would not have occurred or would not have been incurred but for the
existence of commuter rail service south of Providence in Rhode Island or the presence on
Amtrak's properties of any trains, passengers, employees, contractors, or invitees of the state or
its designated operator.; and
     (15) To defend, indemnify and save harmless its designated operator for all damage or
liability for personal injury or property damages which that would not have occurred or would
not have been incurred but for the existence of commuter rail service south of Providence in
Rhode Island or the designated operator's activities pursuant to the terms and conditions set forth
in the designated operator's agreement for commuter rail service south of Providence in Rhode
Island.
     42-64.2-5. Additional general powers.
     In addition to the powers enumerated in § 42-64.2-4, except to the extent inconsistent
with any specific provisions of this chapter, the Rhode Island public rail corporation shall have
the power to:
     (1) Receive from the state title to certain real estate situated in Providence, Rhode Island,
more specifically described as: all of the right, title and interest, to the railroad right of way
known as the Bristol Secondary, identified as Line Code 4165 in the records of the United States
railway association and situated in the city of Providence and city of East Providence, county of
Providence and state of Rhode Island, as extends in a general eastwardly direction from the
westerly side of Canal Street in the city of Providence and to the Harbor Line of the Seekonk
River in the city of East Providence on the East; the railroad right of way is set out and designed
by -- PS -- on case plan no. 66190, together with all the real property in the cities lying in, under,
above, along, and immediately contiguous to those lines as herein designated.
     Being a part or portion of that same premises which that Robert W. Blanchett, Richard
C. Bond and John H. McArthur, as trustees of the property of Penn Central transportation
company, debtor, by conveyance document no. PC-CRC-RP-223, dated March 30, 1976 and
recorded in East Providence, Rhode Island on October 18, 1978 in book 372, page 244 etc., and
conveyance document no. PC-CRC-RP-227, recorded in the city of Providence, Rhode Island on
October 18, 1978 in book 1208, page 752 etc., granted and conveyed into the consolidated rail
corporation.
     (2) To acquire property and railroad operating rights from the Providence and Worcester
railroad including that property and those rights relating to the railroad lines known as:
     (i) Washington secondary branch;
     (ii) Warwick industrial track;
     (iii) Wrentham industrial track;
     (iv) Pontiac secondary branch;
     (v) Moshassuck Valley industrial track;
     (vi) East Providence secondary branch.
     (3) To transfer property rights and railroad operator's rights as it deems proper to achieve
the purposes of this chapter to the state.
     (4) Upon notification to the director of the department of transportation, to defend,
indemnify, and save harmless the national railroad passenger corporation National Railroad
Passenger Corporation (Amtrak) and third-parties to the extent that Amtrak is required to
defend and indemnify third-parties, for all claims, damages, losses, liabilities, and expenses for
personal injury, bodily injury, death, or property damage (including, but not limited to,
environmental conditions and pre-existing environmental conditions) and interference with the
use of Amtrak's property which that would not have occurred, would not have been discovered,
or would not have been incurred but for the existence of any platform, structure, building, road, or
bridge, or appurtenance to any of the foregoing thereto, located or to be located on, above, under,
or within the boundary of any property owned or controlled by Amtrak, or within the boundary of
any railroad safety envelope established pursuant to a federal program of safety regulations, and
owned or used by the State of Rhode Island or any municipality, public corporation, or
instrumentality of the State of Rhode Island, or but for the activities of any employee, agent,
contractor, subcontractor, or invitee of the state or any municipality, public corporation, or
instrumentality of the state relating to any platform, structure, building, road, or bridge, or
appurtenance to any of the foregoing, thereto located or to be located on, above, under or within
the boundary of any property owned or controlled by Amtrak, or within the boundary of any
railroad safety envelope established pursuant to a federal program or safety regulations. The
indemnity authorized by this section shall extend to any existing agreements between the State of
Rhode Island and Amtrak without any further act.
     SECTION 2. Section 9-31-2.1 of the General Laws in Chapter 9-31 entitled
"Governmental Tort Liability" is hereby amended to read as follows:
     9-31-2.1. Limitation of damages -- State -- Commuter rail service.
     (a) Agreements between the state and a railroad for the provision of commuter rail
service shall provide that the state shall secure and maintain a liability insurance policy covering
the liability of the state and the railroad for property damage, personal injury, bodily injury, and
death arising out of such the commuter rail service. Such The policy shall name the state as
named insured, and the railroad as an additional insured, shall have policy limits of not less than
seventy-five million dollars ($75,000,000) per occurrence annually and seventy-five million
dollars ($75,000,000) in the aggregate annually, and shall be subject to self-insured retention in
an amount not less than up to seven million five hundred thousand dollars ($7,500,000). In no
event shall the state or the railroad be liable in excess of the coverage limits of such the insurance
policy for any and all claims for damage, whether compensatory or punitive, for property
damage, personal injury, bodily injury, and death arising out of such the commuter rail service.
     (b) For the purposes of this section, the term "railroad" shall include any person, railroad
corporation, or other legal entity in the business of providing rail transportation which that
contracts with the state for the provision of commuter rail services and the term "commuter rail
service", shall include all services performed by a railroad pursuant to a contract with the state in
connection with the transportation of rail passengers including, but not limited to, the operation of
trains, trackage, and equipment, or the construction, reconstruction, or maintenance of railroad
equipment, tracks, and any appurtenant facilities or the provision of trackage rights over lines
owned by any such railroad.
     SECTION 3. This act shall take effect upon passage.
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LC004938
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