Rhode Island 2023 Regular Session

Rhode Island House Bill H5419 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5419
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7	7	LC000736
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO AERONAUT ICS -- AIRPORTS AND LANDING FIELDS
16	16	Introduced By: Representatives Kennedy, Azzinaro, Ackerman, and McNamara
17	17	Date Introduced: February 08, 2023
18	18	Referred To: House Corporations
19	19	(RI Airport Corporation)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 1-2-1, 1-2-2, 1-2-3, 1-2-15 and 1-2-16 of the General Laws in 1
23	23	Chapter 1-2 entitled "Airports and Landing Fields" are hereby amended to read as follows: 2
24	24	1-2-1. Powers of the director of the Rhode Island airport corporation Powers of the 3
25	25	president and CEO of the Rhode Island airport corporation. 4
26	26	(a) The director president and CEO has supervision over the state airport at Warwick and 5
27	27	any other airports constructed or operated by the state. The director president and CEO shall enforce 6
28	28	the provisions of this chapter. Furthermore, the director president and CEO is authorized to 7
29	29	promulgate rules and regulations for the safe and efficient operation of airports, airport facilities, 8
30	30	and grounds. 9
31	31	(b) As used in this chapter: 10
32	32	(1) “Airport corporation” means the Rhode Island airport corporation. 11
33	33	(2) “Director” "President and CEO" means the executive director president and CEO of the 12
34	34	Rhode Island airport corporation. 13
35	35	1-2-2. Conferring with persons versed in aviation — Cooperation with federal 14
36	36	agencies — Employment of assistants. 15
37	37	The director president and CEO is authorized to confer with persons versed in aviation; to 16
38	38	cooperate with the various United States government agencies interested in aviation; and to employ 17
39	39	and discharge, at his or her pleasure, engineers, architects, and other assistants as he or she may 18
40	40	deem advisable and fix their compensation within the amounts appropriated for their compensation, 19
41	41
42	42
43	43	LC000736 - Page 2 of 16
44	44	subject, however, to the approval of the director of administration. 1
45	45	1-2-3. Acquisition of land. 2
46	46	(a) The department of transportation may, with the approval of the governor, and subject 3
47	47	to the provisions of chapter 6 of title 37, acquire, by purchase or condemnation, any land or any 4
48	48	estate or interest in land, including airspace within this state that it may deem necessary for a 5
49	49	suitable airport or landing field, or to preserve, maintain, or restore an approach, but in no event 6
50	50	shall the department obligate the state in excess of the sums appropriated for that purpose. No land 7
51	51	or estate in this state owned and used by any railroad company shall be taken by condemnation 8
52	52	under this chapter until after a hearing before the public utilities administrator of this state and until 9
53	53	the consent of the public utilities administrator to the taking is given. 10
54	54	(b) No airport, landing field, or any runway or approach zone shall be enlarged or extended 11
55	55	in any city or town unless the assistant director president and CEO for airports, or his or her 12
56	56	successor or other person or officer exercising his or her functions, filed in the office of the city or 13
57	57	town clerk of the city or town in which the expansion is proposed a plan drawn to scale showing 14
58	58	the existing airport and runways, which must have been included in the federal aviation 15
59	59	administration approved master plan documents; the planned extensions or lengthening of the 16
60	60	existing runways; any and all public highways crossed by the extensions; and lots and parcels of 17
61	61	land within a one-mile distance of the proposed extensions; together with a delineation of any 18
62	62	approach zone required by the extension and an identification of every parcel of land that requires 19
63	63	a taking in order to accomplish the extension together with a brief statement describing the work 20
64	64	to be undertaken in extending the runway. The plan and statement shall be filed at least twelve (12) 21
65	65	months before any physical construction work begins on any extension of runway or airport 22
66	66	expansion. 23
67	67	(c) The assistant director president and CEO for airports shall also, at the time plans are 24
68	68	filed with the clerk, file a notice in a newspaper having general circulation in the city and town 25
69	69	setting forth that the plan has been filed in the office of the city or town clerk and giving notice to 26
70	70	the residents of the city or town of the proposed runway extension or airport expansion. 27
71	71	(d) The plan and statement shall be open to public inspection in the office of the city or 28
72	72	town. A public hearing shall be held in the city or town at least six (6) months prior to any 29
73	73	construction on the proposed runway or airport expansion by the assistant director president and 30
74	74	CEO at the time and place in the city or town set forth in the notice referred to in subsection (c). 31
75	75	(e) The governor has the authority in any emergency declared by him or her to authorize 32
76	76	the enlargement or extension of any runway notwithstanding any other provision of this chapter. 33
77	77	1-2-15. Leasing for purposes of national defense. 34
78	78
79	79
80	80	LC000736 - Page 3 of 16
81	81	The airport corporation may lease to the United States government or agencies of the 1
82	82	United States government, when the lease concerns matters of national defense or aviation safety 2
83	83	or convenience, any portion of any airport or landing field or any of the buildings or structures on 3
84	84	the airport or landing field for a period or periods not to exceed fifty (50) years; the lease to be 4
85	85	executed by the director president and CEO containing any reasonable conditions, rules, restrictions 5
86	86	and regulations as the assistant director president and CEO for airports deems suitable or necessary 6
87	87	and be approved as to substance by the director of administration and as to form by the attorney 7
88	88	general. 8
89	89	1-2-16. Noise and emissions directives. 9
90	90	The director president and CEO is directed to issue operating procedures and directives 10
91	91	requiring that aircraft utilizing Rhode Island T.F. Green International Airport, to the greatest extent 11
92	92	possible, commensurate with passenger safety and federal law and regulation, minimize the use of 12
93	93	reverse engine thrust employed to slow an aircraft as it lands. 13
94	94	SECTION 2. Sections 1-4-2, 1-4-3.1, 1-4-4, 1-4-6, 1-4-7, 1-4-8, 1-4-9, 1-4-10, 1-4-10.2, 14
95	95	1-4-10.3, 1-4-11, 1-4-12, 1-4-13, 1-4-14, 1-4-15 and 1-4-18 of the General Laws in Chapter 1-4 15
96	96	entitled "Uniform Aeronautical Regulatory Act" are hereby amended to read as follows: 16
97	97	1-4-2. Definitions. 17
98	98	When used in this chapter: 18
99	99	(1) “Aeronautics” means transportation by aircraft, air instruction, the operation, repair, or 19
100	100	maintenance of aircraft, and the design, operation, repair, or maintenance of airports, landing fields, 20
101	101	or other air navigation facilities. 21
102	102	(2) “Aircraft” means any contrivance now known or invented, used, or designed for 22
103	103	navigation of, or flight in, the air, except a parachute or other contrivance designed for air 23
104	104	navigation but used primarily as safety equipment. 24
105	105	(3) “Air instruction” means the imparting of aeronautical information by any aviation 25
106	106	instructor or in any air school or flying club. 26
107	107	(4) “Airport” means any area of land, water, or both, which is used or is made available for 27
108	108	the landing and take off of aircraft, and which provides facilities for the shelter, supply, and repair 28
109	109	of aircraft and which, as to size, design, surface, marking, equipment, and management meets the 29
110	110	minimum requirements established from time to time by the director president and CEO. 30
111	111	(5) “Air school” means any person engaged in giving, offering to give, or advertising, 31
112	112	representing, or holding himself or herself out as giving, with or without compensation or other 32
113	113	award, instruction in aeronautics — in flying, in ground subjects, or in both. 33
114	114	(6) “Aviation instructor” means any individual engaged in giving, or offering to give, 34
115	115
116	116
117	117	LC000736 - Page 4 of 16
118	118	instruction in aeronautics — in flying, in ground subjects, or in both — either with or without 1
119	119	compensation or other reward, without advertising his or her occupation, without calling his or her 2
120	120	facilities “air school” or any equivalent term, and without employing or using other instructors. 3
121	121	(7) “Certificated aircraft” means any aircraft for which an aircraft certificate other than a 4
122	122	registration certificate has been issued by the government of the United States. 5
123	123	(8) “Chief aeronautics inspector” or “aeronautics inspector” means an employee of the 6
124	124	Rhode Island airport corporation, as defined in the Rhode Island airport corporation personnel job 7
125	125	description manual, who is charged by the director to enforce the provisions of this chapter. 8
126	126	(9) “Civil aircraft” means any aircraft other than a public aircraft. 9
127	127	(10) “Dealer in aircraft” or “aircraft dealer” means any person who engages in a business, 10
128	128	a substantial part of which consists of the manufacture, selling, or exchanging of aircraft and who 11
129	129	is registered as a dealer with the federal government. 12
130	130	(11) “Director” means the executive director of the Rhode Island airport corporation. 13
131	131	“Deputy director” means the deputy director of the Rhode Island airport corporation. 14
132	132	(12) “Flying club” means any person (other than an individual) who, neither for profit nor 15
133	133	reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both. 16
134	134	(13) “Landing field” means any area of land, water, or both, which is used or is made 17
135	135	available for the landing and take off of aircraft, which may or may not provide facilities for the 18
136	136	shelter, supply, and repair of aircraft, and which, as to size, design, surface, marking, equipment, 19
137	137	and management meets the minimum requirements established from time to time by the director 20
138	138	president and CEO. 21
139	139	(14) “Military aircraft” means public aircraft operated in the service of the United States 22
140	140	army, air force, national guard, navy, marine corps or coast guard. 23
141	141	(15) “Operate” means, with respect to aircraft, to use, cause to use or authorize to use an 24
142	142	aircraft, for the purpose of engine start, movement on the ground (taxi), or air navigation including 25
143	143	the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise). 26
144	144	(16) “Operator” means a person who operates or is in actual physical control of an aircraft. 27
145	145	(17) “Owner” means the legal title holder or any person, firm, copartnership, association, 28
146	146	or corporation having the lawful possession or control of an aircraft under a written sale agreement. 29
147	147	(18) “Person” means any individual, or any corporation or other association of individua ls. 30
148	148	(19) “Political subdivision” means any city or town or any other public corporation, 31
149	149	authority, or district, or any combination of two (2) or more, which is or may be authorized by law 32
150	150	to acquire, establish, construct, maintain, improve, and operate airports. 33
151	151	(20) "President and CEO" means the president and chief executive officer of the Rhode 34
152	152
153	153
154	154	LC000736 - Page 5 of 16
155	155	Island airport corporation. 1
156	156	(20)(21) “Public aircraft” means an aircraft used exclusively in the governmental service. 2
157	157	1-4-3.1. Notification and reporting of aircraft accidents. 3
158	158	The operator of an aircraft involved in an accident or incident as defined in 49 CFR 830 4
159	159	shall immediately notify the chief aeronautics inspector Rhode Island airport corporation operations 5
160	160	department. This notification shall be in addition to any duty to notify and provide a report to the 6
161	161	National Transportation Safety Board under 49 CFR 830. Furthermore, the operator shall file with 7
162	162	the chief aeronautics inspector Rhode Island airport corporation operations department a copy of 8
163	163	any report filed with the National Transportation Safety Board, which shall be a public record. 9
164	164	1-4-4. Federal registration required. 10
165	165	No flight of civil aircraft, other than a foreign aircraft, is made or authorized to be made 11
166	166	within this state unless the aircraft is possessed of valid aircraft registration and airworthiness or 12
167	167	experimental certificates issued by the government of the United States, nor in violation of any 13
168	168	term, specification, or limitation of those certificates. These restrictions do not apply to model 14
169	169	aircraft operated in accordance with any regulations that the director president and CEO may 15
170	170	prescribe, or to a nonpassenger-carrying flight solely for inspection or test purposes authorized by 16
171	171	the director president and CEO or by the proper federal authority made without that certificate. 17
172	172	1-4-6. State registration of federal certificates. 18
173	173	(a) All owners and operators, or owners or operators, of all aircraft, and dealers in aircraft, 19
174	174	based or primarily used in the state of Rhode Island shall register the federal certificates of their 20
175	175	aircraft and dealer registration as the director president and CEO may by regulation prescribe. An 21
176	176	aircraft shall be deemed to be based or primarily used in the state when in the normal course of its 22
177	177	use, according to airport records, it leaves from and returns to or remains at one or more points 23
178	178	within the state more often or longer than at any other single location outside of the state. 24
179	179	Nonresidents may operate noncommercially within this state as an owner and operator, or owner 25
180	180	or operator, or as a dealer, without that registration for not more than ninety (90) days in any 26
181	181	calendar year. To operate commercially intrastate, nonresidents shall register. 27
182	182	(b) Subject to the limitations of subsections (d) and (f), every person who operates an 28
183	183	aircraft shall register the federal aircraft certificate of that aircraft with the chief aeronautics 29
184	184	inspector Rhode Island airport corporation during each period in which the aircraft is operated 30
185	185	within this state in accordance with subsection (a). The annual fee for each registration, and for 31
186	186	each registration renewal, is as follows: Aircraft weighing less than two thousand (2,000) pounds, 32
187	187	thirty dollars ($30.00); two thousand and one (2,001) to three thousand (3,000) pounds, sixty dollars 33
188	188	($60.00); three thousand and one (3,001) to four thousand five hundred (4,500) pounds, one 34
189	189
190	190
191	191	LC000736 - Page 6 of 16
192	192	hundred ten dollars ($110); four thousand five hundred and one (4,501) to twelve thousand five 1
193	193	hundred (12,500) pounds, one hundred sixty dollars ($160); over twelve thousand five hundred 2
194	194	pounds (12,500), two hundred fifty dollars ($250). For the purpose of the annual fee, the weight 3
195	195	considered will be the gross weight as published by the manufacturer. Every person who is a dealer 4
196	196	in aircraft shall register his or her federal dealer’s aircraft registration certificate with the chief 5
197	197	aeronautics inspector Rhode Island airport corporation. The annual fee for registration of each 6
198	198	federal dealer’s aircraft registration certificate is fifty dollars ($50.00) and for each aircraft in the 7
199	199	possession operated solely for the purpose of sale or demonstration is twenty-five dollars ($25.00). 8
200	200	Any person who engages in a business, a substantial portion of which consists of the manufacturing, 9
201	201	selling, or exchanging of aircraft, and who does not have a federal dealer’s certificate shall register 10
202	202	all aircraft owned by the person and operated within the state with the chief aeronautics inspector 11
203	203	Rhode Island airport corporation and pay the annual fee for that aircraft provided for in this 12
204	204	subsection and is not eligible to pay the limited fee of twenty-five dollars ($25.00) for all aircraft 13
205	205	operated solely for the purpose of sale or demonstration. 14
206	206	(c) All fees are in lieu of all personal property taxes on aircraft authorized by any law or 15
207	207	ordinance. Registration certificates issued after expiration of the first six (6) months of the annual 16
208	208	registration period, as prescribed by the director president and CEO, are issued at the rate of fifty 17
209	209	percent (50%) of the annual fee. 18
210	210	(d) All fees are paid to the tax administrator of this state and delivery of the person’s receipt 19
211	211	to the chief aeronautics inspector Rhode Island airport corporation is a prerequisite to registration 20
212	212	under this section. 21
213	213	(e) Possession of the appropriate effective federal certificate, permit, rating or license 22
214	214	relating to ownership and airworthiness of the aircraft, and the payment of the appropriate fee as 23
215	215	set forth in this section are the only requisites for registration of an aircraft, or a dealer in aircraft. 24
216	216	(f) Aircraft registration fees shall be reimbursed to persons who surrender their certificates 25
217	217	before the date of expiration in accordance with the following schedule: 26
218	218	(1) Before the first six (6) months of the period, fifty percent (50%) of the fee; 27
219	219	(2) Before the first nine (9) months of the period, twenty-five percent (25%). 28
220	220	(g) The provisions of this section shall not apply to: 29
221	221	(1) An aircraft owned by, and used exclusively in the service of, any government, including 30
222	222	the government of the United States or of any state of the United States, or political subdivision 31
223	223	thereof, which is not engaged in carrying persons or property for commercial purposes; 32
224	224	(2) An aircraft registered under the laws of a foreign country; 33
225	225	(3) An aircraft owned by a nonresident and based in another state; or 34
226	226
227	227
228	228	LC000736 - Page 7 of 16
229	229	(4) An aircraft engaged principally in federally certified scheduled airline operation. 1
230	230	1-4-7. Carrying and posting of license and certificate — Evidence of nonissuance. 2
231	231	A required pilot’s license, permit, or certificate shall be kept in the personal possession of 3
232	232	the pilot while the pilot is operating an aircraft within this state. Required aircraft certificates shall 4
233	233	be carried in the aircraft at all times and shall be conspicuously posted in clear view of passengers. 5
234	234	A pilot’s license, permit, or certificate and aircraft certificates shall be presented for inspection 6
235	235	upon the demand of any passenger, any peace officer of this state, any authorized official or 7
236	236	employee of the director president and CEO, or the board, or any official, manager, or person in 8
237	237	charge of any airport or landing field in this state upon which the pilot lands, or upon the reasonable 9
238	238	request of any other person. In any criminal prosecution under any of the provisions of this chapter, 10
239	239	a defendant who relies upon a license, permit, or certificate of any kind shall have the burden of 11
240	240	proving that he or she is the possessor of a proper license, permit, or certificate. The fact of 12
241	241	nonissuance of a license, permit, or certificate may be evidenced by a certificate signed by the 13
242	242	official having power of issuance, or his or her deputy, under seal of office, stating that he or she 14
243	243	has made diligent search in the records of his or her office and that from the records it appears that 15
244	244	no license, permit, or certificate was issued. 16
245	245	1-4-8. Duties of director Duties of president and CEO. 17
246	246	It shall be the duty of the director president and CEO to foster aeronautics within this state 18
247	247	in accordance with the provisions of this chapter and for that purpose the director president and 19
248	248	CEO shall: 20
249	249	(1) Encourage the establishment of airports and other air navigation facilities; 21
250	250	(2) Make recommendations to the governor and the general assembly as to necessary 22
251	251	legislation or action; 23
252	252	(3) Study the possibilities for the development of air commerce and the aeronautical 24
253	253	industry and trade within the state and collect and disseminate information relative to the 25
254	254	development; and 26
255	255	(4) Advise with the Federal Aviation Administration and other agencies of the federal 27
256	256	government and with state authorities in carrying forward any research and development work the 28
257	257	tends to increase and improve aeronautics within this state. 29
258	258	1-4-9. Jurisdiction of director Jurisdiction of president and CEO. 30
259	259	(a) Except as otherwise specifically provided in this chapter, the director president and 31
260	260	CEO has supervision over aeronautics within the state, including: 32
261	261	(1) The establishment, location, maintenance, operation, and use of airports, landing fields, 33
262	262	air markings, air beacons, and other air navigation facilities; and 34
263	263
264	264
265	265	LC000736 - Page 8 of 16
266	266	(2) The establishment, operation, management, and equipment, of all air schools, flying 1
267	267	clubs, and other persons giving air instruction. 2
268	268	(b) All proposed airports, landing fields, and other air navigation facilities, shall be first 3
269	269	approved by the director president and CEO before they are used or operated. A political 4
270	270	subdivision or person proposing to establish, alter, activate, or deactivate an airport or landing field 5
271	271	shall make application to the chief aeronautics inspector Rhode Island airport corporation, with a 6
272	272	copy to the director president and CEO, for a certificate of approval of the site selected and the 7
273	273	general purpose or purposes for which the airport or landing field is to be established to insure that 8
274	274	it shall conform to minimum standards or safety and shall serve public interest. A political 9
275	275	subdivision or officer or employee, or any person shall not operate an airport, landing field, or other 10
276	276	air navigation facility for which a certificate of approval has not been issued by the director 11
277	277	president and CEO. 12
278	278	(c) The director president and CEO shall establish by rules and regulations, in accordance 13
279	279	with chapter 35 of title 42, guidelines for making application for a certificate of approval, criteria 14
280	280	for determining whether to issue a certificate of approval, and fees for processing the applications 15
281	281	and each renewal of certificates of approval. 16
282	282	1-4-10. Rules and regulations. 17
283	283	The director president and CEO shall adopt and promulgate, and may amend or repeal, 18
284	284	rules and regulations establishing minimum standards with which all air navigation facilities, air 19
285	285	schools, and flying clubs must comply, and shall adopt and enforce, and may amend or repeal rules, 20
286	286	regulations, and orders, to safeguard from accident and to protect the safety of persons operating 21
287	287	or using aircraft and persons and property on the ground, and to develop and promote aeronautics 22
288	288	within this state. No rule or regulation of the director president and CEO shall apply to airports, 23
289	289	landing fields, air beacons or other air navigation facilities owned or operated within this state by 24
290	290	the federal government. In order to avoid the danger of accident incident to confusion arising from 25
291	291	conflicting rules, regulations, and orders governing aeronautics, the rules, regulations, and orders 26
292	292	of the director president and CEO shall be kept in conformity as nearly as may be with the federal 27
293	293	legislation, rules, regulations, and orders on aeronautics, and shall not be inconsistent with 28
294	294	paramount federal legislation, rules, regulations, and orders on the subject. 29
295	295	1-4-10.2. Prohibitions. 30
296	296	It shall be unlawful: 31
297	297	(1) For any person to operate or authorize the operation of any civil aircraft which does not 32
298	298	possess a valid identification mark assigned by the federal government. 33
299	299	(2) For any resident to own or authorize the operation of any civil aircraft owned by him 34
300	300
301	301
302	302	LC000736 - Page 9 of 16
303	303	or her which does not have a currently effective Rhode Island state registration certificate, and for 1
304	304	which the aircraft operating fee, if required, has not been paid. 2
305	305	(3) For any nonresident to own or authorize the operation of any civil aircraft owned by 3
306	306	him or her and located in Rhode Island for more than ninety (90) days cumulatively during a 4
307	307	registration year, which does not have a currently effective Rhode Island state registration 5
308	308	certificate, and for which the aircraft operating fee, if required, has not been paid. 6
309	309	(4) For any person to own or to operate an aircraft which fails to display the currently 7
310	310	effective registration decal or other identifier as required by regulations adopted under § 1-4-10 by 8
311	311	the director president and CEO. 9
312	312	(5) For any person to operate or authorize the operation of any civil aircraft in air commerce 10
313	313	within the state which does not have a currently effective airworthiness certificate and a state 11
314	314	registration certificate and having paid the aircraft operating fee, if required. 12
315	315	(6) For any person to operate or permit operation of aircraft on or from any airport for 13
316	316	compensation or hire, unless the area is registered with the department. 14
317	317	(7) For any person to operate or authorize the operation of aircraft in violation of any other 15
318	318	rule or regulation, or in violation of the terms of any certificate, issued under the authority of this 16
319	319	chapter. 17
320	320	(8) For any person to operate or attempt to operate an aircraft on the ground, on the public 18
321	321	waters, or in the air while under the influence of intoxicating liquor or of any controlled drug which 19
322	322	affects a person’s ability to operate an aircraft in a safe manner or while having 4/100 percent or 20
323	323	more by weight alcohol in his or her blood. 21
324	324	(9) For any owner or operator of an aircraft having knowledge of an aircraft accident or 22
325	325	aircraft incident to fail to report facts concerning the accident or incident to the department or a law 23
326	326	enforcement officer within seven (7) days of the occurrence of the event, unless incapacitated by 24
327	327	death or injury. 25
328	328	(10) For any person to touch any part of aircraft wreckage at an aircraft accident scene, 26
329	329	except for rescue of persons and/or classified materials, without specific approval of the federal or 27
330	330	state official responsible for the accident scene. 28
331	331	(11) For any person to operate any ground vehicle which is unrelated to aircraft operations 29
332	332	or servicing, or airport operations and maintenance, within the boundaries of any public airport 30
333	333	without the express consent of the airport manager. This subsection does not prohibit the operation 31
334	334	of a ground vehicle upon a road laid out in the airport to provide access to or egress from the airport. 32
335	335	(12) For any person to make or cause to be made an intentional false light, signal, or report 33
336	336	of an aircraft accident, or missing aircraft, or, in an emergency situation, to use any device or 34
337	337
338	338
339	339	LC000736 - Page 10 of 16
340	340	equipment to initiate or to have others initiate an emergency response by any public or private 1
341	341	agency. 2
342	342	1-4-10.3. Abandoned aircraft. 3
343	343	(a) Authority to take. The director, chief aeronautics inspector, aeronautical inspectors, 4
344	344	president and CEO or any police officer of the Rhode Island airport corporation, upon discovery of 5
345	345	any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective 6
346	346	state of Rhode Island or federal registration certificate, whether situated within any public or private 7
347	347	airfield open for public use for a period in excess of one year, may take such aircraft or aircraft 8
348	348	component into his or her custody and may cause the same to be taken away and stored in some 9
349	349	suitable place out of public view. 10
350	350	(b) Lien. All charges necessarily incurred by such custodian in the performance of carrying 11
351	351	out the provisions of this chapter shall be a lien upon such aircraft or aircraft component in 12
352	352	accordance with § 34-47-1. The custodian or manager of any hangar, airport facility or other place 13
353	353	where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or 14
354	354	aircraft component for his or her storage charges. 15
355	355	(c) Owner may reclaim. The owner of an aircraft or aircraft component so placed in storage 16
356	356	may reclaim the same before any sale by paying the charges incurred. 17
357	357	(d) Sale authorized. If such aircraft or aircraft component shall have been so stored for a 18
358	358	period of ninety (90) days, the Rhode Island airport corporation may sell the same, at public auction, 19
359	359	for cash or may otherwise dispose of such aircraft or aircraft component. No sale under the 20
360	360	provisions herein shall be valid unless the notice required by subsection (e) of this section has been 21
361	361	given. 22
362	362	(e) Notice of sale. Notice of such sale shall be given by publishing a notice in a newspaper 23
363	363	of state circulation at least fourteen (14) days before the sale. If the last place of abode of the owner 24
364	364	of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or 25
365	365	manager by the exercise of reasonable diligence, a notice of the time and place of such sale shall 26
366	366	be given to said owner by registered mail, at least fourteen (14) days prior to said sale. 27
367	367	(f) Application of proceeds. The balance of the proceeds of sale, if any, after payment of 28
368	368	the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of 29
369	369	such aircraft or aircraft component or his or her legal representative, if claimed at any time within 30
370	370	one year from the date of such sale. If such balance shall not be claimed within said period, it shall 31
371	371	be paid to the Rhode Island airport corporation. 32
372	372	(g) Exemption from liability. No employee of the Rhode Island airport corporation or any 33
373	373	officer empowered to enforce the provisions of §§ 1-4-10.2 — 1-4-14, inclusive, and any other 34
374	374
375	375
376	376	LC000736 - Page 11 of 16
377	377	applicable section of the uniform air regulatory act, shall be liable for any act performed under the 1
378	378	provisions of this section. 2
379	379	1-4-11. Posting, notice, and filing of rules, regulations, and orders. 3
380	380	(a) Every general rule, regulation, and order of the director president and CEO shall be 4
381	381	posted for public inspection in the main aeronautics office of the director president and CEO at 5
382	382	least five (5) days before it becomes effective, and shall be given any further publicity, by 6
383	383	advertisement in a newspaper or otherwise, as the director president and CEO deems advisable. 7
384	384	(b) Every order applying only to a particular person or persons named in it shall be mailed 8
385	385	to, or served upon, that person or persons. 9
386	386	(c) Every rule, regulation, and order, general or otherwise, adopted by the director president 10
387	387	and CEO shall be kept on file with the secretary of state. 11
388	388	1-4-12. Investigations and hearings — Subpoena powers. 12
389	389	The director president and CEO has the power to conduct investigations, inquiries, and 13
390	390	hearings concerning matters covered by the provisions of this chapter and accidents or injuries 14
391	391	incident to the operation of aircraft occurring within this state. The director president and CEO has 15
392	392	the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, or 16
393	393	subpoenas duces tecum, compel the attendance and testimony of witnesses, and the production of 17
394	394	papers, books, and documents. If any person fails to comply with any subpoena, subpoena duces 18
395	395	tecum, or order issued under authority of this chapter, the director president and CEO may invoke 19
396	396	the aid of any superior court in this state. The court may order the person to comply with the 20
397	397	requirements of the subpoena, subpoena duces tecum, or order of the director president and CEO, 21
398	398	or to give evidence upon the matter in question. Any failure to obey the order of the court is 22
399	399	punishable by the court as a contempt of court. 23
400	400	1-4-13. Reports of hearings and investigations as evidence — Testimony by director, 24
401	401	deputy director, and aeronautics inspectors Reports of hearings and investigations as 25
402	402	evidence -- Testimony by employees of the Rhode Island airport corporation, president and 26
403	403	CEO. 27
404	404	The reports of investigations or hearings, or any part of the reports, shall not be admitted 28
405	405	in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter 29
406	406	referred to in those investigations or hearings, or in any report, except in the case of criminal or 30
407	407	other proceedings instituted by, or on behalf of, the director president and CEO under the provisions 31
408	408	of this chapter; nor shall the director, nor the deputy director, nor any aeronautics inspector 32
409	409	president and CEO nor any employee of the Rhode Island airport corporation, be required to testify 33
410	410	to any facts ascertained in, or information gained by reason of, his or her official capacity. Neither 34
411	411
412	412
413	413	LC000736 - Page 12 of 16
414	414	the director, nor the deputy director, nor any aeronautics inspector for airports president and CEO 1
415	415	nor any employee of the Rhode Island airport corporation, shall be required to testify as an expert 2
416	416	witness in any suit, action, or proceeding involving any aircraft or any navigation facility. 3
417	417	1-4-14. Enforcement — Cooperation of public agencies. 4
418	418	(a) It is the duty of the director, deputy director, aeronautics inspectors president and CEO, 5
419	419	and every state and municipal officer charged with the enforcement of state laws to enforce and 6
420	420	assist in the enforcement of this chapter. The director president and CEO is further authorized in 7
421	421	the name of the state to enforce the provisions of this chapter by appropriate proceedings in the 8
422	422	superior courts of this state. Other departments and political subdivisions of this state are authorized 9
423	423	to cooperate with the director president and CEO in the development of aeronautics within this 10
424	424	state. 11
425	425	(b) The director, deputy director, aeronautics inspectors president and CEO, and selected 12
426	426	employees of the Rhode Island airport corporation to whom such powers may be delegated in the 13
427	427	discharge of the duties of their office, have, in any part of the state, the same authority to make 14
428	428	arrests for violation of the statutes, laws, rules, and regulations relating to aviation and airport 15
429	429	security matters, and to enforce those statutes, laws, rules, and regulations, as regular constituted 16
430	430	law enforcement officers in the state. 17
431	431	(c) The director president and CEO shall issue to each selected employee credentials 18
432	432	showing his or her authority to arrest, which credentials shall be carried upon the person of the 19
433	433	designated employee while in the performance of his or her duties. 20
434	434	1-4-15. Reasons for orders — Closing of facilities — Inspection powers. 21
435	435	In any case where the director president and CEO, pursuant to this chapter, issues any order 22
436	436	requiring or prohibiting certain things to be done, the director president and CEO shall set forth his 23
437	437	or her reasons for the order and state the requirements to be met before approval is given or the 24
438	438	rule, regulation, or order shall be modified or changed. In any case where the director president and 25
439	439	CEO deems the action necessary or proper, the director president and CEO may order the closing 26
440	440	of any airport or landing field, or the cessation of operations of any air school, flying club, air 27
441	441	beacon, or other air navigation facility, until the requirements laid down by the director president 28
442	442	and CEO have been fulfilled. To carry out the provisions of this chapter, the director, deputy 29
443	443	director, aeronautics inspectors president and CEO and any officers, state or municipal, charged 30
444	444	with the duty of enforcing this chapter, may inspect and examine, at reasonable hours, any premises, 31
445	445	the aircraft and the buildings and other structures, where those airports, landing fields, air schools, 32
446	446	flying clubs, air beacons, or other air navigation facilities are operated. 33
447	447	1-4-18. Waiver of review by failure to appeal. 34
448	448
449	449
450	450	LC000736 - Page 13 of 16
451	451	If an appeal is not taken from the order of the director president and CEO within the fixed 1
452	452	period, the party against whom the order was entered shall be deemed to have waived the right to 2
453	453	have the reasonableness or lawfulness of the order reviewed by a court and that issue shall not be 3
454	454	tried in any court in which suit may be instituted for the penalty for failure to comply with the order. 4
455	455	SECTION 3. Section 1-5-1 of the General Laws in Chapter 1-5 entitled "Permanent Noise 5
456	456	Monitoring Act — Aircraft Operations Monitoring System" is hereby amended to read as follows: 6
457	457	1-5-1. Establishment and installation of aircraft operations monitoring system. 7
458	458	(a) The Rhode Island airport corporation is authorized and directed to coordinate with the 8
459	459	federal aviation administration to complete a memorandum of agreement between the Rhode Island 9
460	460	airport corporation and the federal aviation administration (FAA) to provide for the continuing 10
461	461	acquisition of air traffic control radar records related to the operation of civil aircraft at Rhode 11
462	462	Island T.F. Green International Airport. 12
463	463	(b) The Rhode Island airport corporation is authorized and directed to install an aircraft 13
464	464	operations monitoring system (AOMS) that shall be capable of providing detailed and summary 14
465	465	information related to the operation of aircraft at and in the vicinity of Rhode Island T.F. Green 15
466	466	International Airport. The AOMS shall be capable of plotting and displaying over area mapping 16
467	467	the ground-projected flight tracks and related altitudes of aircraft that use the airport. The system 17
468	468	shall be capable of displaying flight tracks of individually identified aircraft based on time and 18
469	469	location of operation. The system shall have the capability to produce data files in both digital and 19
470	470	hard copy format. 20
471	471	(c) The AOMS shall further be capable of producing summary reports that shall, at a 21
472	472	minimum: 22
473	473	(1) Relate aircraft location data derived from air traffic control radar with individual 23
474	474	activity events, based on time and location within the airport environs; 24
475	475	(2) Produce summary reports that disclose the use of runways by type of operation 25
476	476	(landings or takeoffs), time of day, aircraft user group, and any other groupings that may from time 26
477	477	to time become desirable at the option of the system user; and 27
478	478	(3) Disclose the activity levels by aircraft types, including, but not limited to, operations 28
479	479	by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators, 29
480	480	all presented by periods of time selected by the system operator. 30
481	481	(d) The AOMS reports shall be capable of expansion to provide additional data relating to 31
482	482	flight track or corridor utilization, air traffic fix usage, and other information that may become 32
483	483	desirable as a result of noise abatement and land use compatibility planning. 33
484	484	(e) The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode 34
485	485
486	486
487	487	LC000736 - Page 14 of 16
488	488	Island airport corporation is unable to complete a memorandum of agreement with the FAA as 1
489	489	provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction 2
490	490	by the corporation, then the director president and CEO of the corporation may request the general 3
491	491	assembly to extend the June 30, 1999 date as appropriate. 4
492	492	SECTION 4. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law 5
493	493	Enforcement Officers’ Bill of Rights" is hereby amended to read as follows: 6
494	494	42-28.6-1. Definitions — Payment of legal fees. 7
495	495	As used in this chapter, the following words have the meanings indicated: 8
496	496	(1) “Law enforcement officer” means any permanently employed city or town police 9
497	497	officer, state police officer, permanent law enforcement officer of the department of environmental 10
498	498	management, or those employees of the airport corporation of Rhode Island who have been granted 11
499	499	the authority to arrest by the director president and CEO of said corporation. However this shall 12
500	500	not include the chief of police and/or the highest ranking sworn officer of any of the departments 13
501	501	including the director and deputy director president and CEO of the airport corporation of Rhode 14
502	502	Island. 15
503	503	(2)(i) “Hearing committee” means a committee which is authorized to hold a hearing on a 16
504	504	complaint against a law enforcement officer and which consists of three (3) active or retired law 17
505	505	enforcement officers from within the state of Rhode Island, other than chiefs of police, who have 18
506	506	had no part in the investigation or interrogation of the law enforcement officer. The committee shall 19
507	507	be composed of three (3) members; one member selected by the chief or the highest ranking officer 20
508	508	of the law enforcement agency, one member selected by the aggrieved law enforcement officer and 21
509	509	the third member shall be selected by the other two (2) members. In the event that the other two (2) 22
510	510	members are unable to agree within five (5) days, then either member will make application to the 23
511	511	presiding justice of the superior court and the presiding justice shall appoint the third member who 24
512	512	shall be an active law enforcement officer. Upon written application by a majority of the hearing 25
513	513	committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist 26
514	514	the hearing committee. 27
515	515	(ii) The law enforcement agency and the law enforcement officer under investigation shall 28
516	516	each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel for 29
517	517	the hearing committee; provided, however, that on motion made by either party, the presiding 30
518	518	justice shall have the authority to make a different disposition as to what each party is required to 31
519	519	pay toward the appointed legal counsel’s legal fee. 32
520	520	(3) “Hearing” means any meeting in the course of an investigatory proceeding, other than 33
521	521	an interrogation at which no testimony is taken under oath, conducted by a hearing committee for 34
522	522
523	523
524	524	LC000736 - Page 15 of 16
525	525	the purpose of taking or adducing testimony or receiving evidence. 1
526	526	SECTION 5. This act shall take effect upon passage. 2
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530	530
531	531
532	532	LC000736 - Page 16 of 16
533	533	EXPLANATION
534	534	BY THE LEGISLATIVE COUNCIL
535	535	OF
536	536	A N A C T
537	537	RELATING TO AERONAUT ICS -- AIRPORTS AND LANDING FIELDS
538	538	***
539	539	This act would designate the appropriate authority on air space issues as the president and 1
540	540	CEO of the Rhode Island airport corporation and would align certain job titles with their proper 2
541	541	responsibilities relative to aeronautics. 3
542	542	This act would take effect upon passage. 4
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