2008 -- H 8450

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LC03273

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO THE NATIONAL PUBLIC RAIL CORPORATION

     Introduced By: Representatives Costantino, and Lewiss

     Date Introduced: June 21, 2008

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-64.2-4 of the General Laws in Chapter 42-64.2 entitled "Rhode

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Island Public Rail Corporation Act" is hereby amended to read as follows:

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     42-64.2-4. General powers. -- Except to the extent inconsistent with any specific

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provision of this chapter, the Rhode Island public rail corporation shall have power:

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      (1) To sue and be sued, complain and defend, in its corporate name;

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      (2) To have a seal, which may be altered at pleasure and to use the seal by causing it, or

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a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

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      (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

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otherwise deal in and with, real or personal property, or any interest therein, wherever situated;

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      (4) To re-convey, lease, or sell real property acquired. Upon the sale of any real property

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or interest therein which is held by the corporation, the proceeds from the sale shall be transferred

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to the general fund of the state.

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      (5) To make contracts and guarantees and incur liabilities, borrow money at any rates of

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interest that the corporation may determine;

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      (6) To make and execute agreements of lease, conditional sales contracts, installment

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sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other

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contracts and instruments necessary or convenient in the exercise of the powers and functions of

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the corporation granted by this chapter;

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      (7) To lend money for its purposes, invest and reinvest its funds, and at its option to take

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and hold real and personal property as security for the payment of funds so loaned or invested;

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      (8) To acquire, or contract to acquire, from any person, firm, corporation, municipality,

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the federal government or the state, or any agency of either the federal government or state, by

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grant, purchase, lease, gift, condemnation or otherwise, or to obtain options for the acquisition of

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any property, real or personal, improved or unimproved, and interests in land less than the fee

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thereof; and to own, hold, improve, develop, and rehabilitate, and to sell, assign, exchange,

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transfer, convey, lease, mortgage, or otherwise dispose or encumber the property for the purposes

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of carrying out the provisions and intent of this chapter, for any consideration the corporation

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shall determine;

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      (9) To conduct its activities, carry on its operations, and have offices, and exercise the

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powers granted by this chapter, within or without the state;

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      (10) To elect or appoint officers and agents of the corporation, and define their duties

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and fix their compensation;

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      (11) To make and alter by-laws, not inconsistent with this chapter, for the administration

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and regulation of the affairs of the corporation; those by-laws may contain provisions

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indemnifying any person who is or was a director, officer, employee, or agent of the corporation,

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or is or was serving at the request of the corporation as a director, officer, employee, or agent of

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another corporation, partnership, joint venture, trust, or other enterprise, in the manner and to the

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extent provided in section 7-1.2-814;

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      (12) To be a promoter, partner, member, associate, or manager of any partnership,

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enterprise, or venture; and

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      (13) To have and exercise all powers necessary or convenient to effect its purposes.

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     (14) To defend, indemnify and save harmless the National Public Rail Corporation

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("Amtrak") and third parties for all damage or liability for personal injury or property damages

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which would not have occurred or would not have been incurred but for the existence of

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commuter rail service south of Providence or the presence on Amtrak's properties of any trains,

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passengers, employees, contractors, or invitees of the state or its designated operator.

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     (15) To defend, indemnify and save harmless its designated operator for all damage or

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liability for personal injury or property damages which would not have occurred or would have

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not been incurred but for the designated operator's activities except for damages or liability

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attributable directly to the designated operator's own negligence or misconduct, all pursuant to

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terms and conditions to be set forth in an agreement to be entered into by and between the

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corporation and the designated operator prior to implementation of the commuter rail service

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south of Providence.

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     SECTION 2. This act shall take effect upon passage.

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LC03273

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO THE NATIONAL PUBLIC RAIL CORPORATION

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     This act would empower the Rhode Island Public Rail Corporation to defend, indemnify

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and save harmless The National Public Rail Corporation (Amtrak) for third party claims

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including personal injury and property damage, due to the existence and operation of commuter

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rail service south of Providence, and would afford the same protections to the corporations'

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designated n operator, except for the designated operator's own negligence or misconduct.

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     This act would take effect upon passage.

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LC03273

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