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art.021/4/021/3/021/2/021/1

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     ARTICLE 21 AS AMENDD

RELATING TO TRANSPORTATION

     SECTION 1. Sections 24-12-26 and 24-12-40.0 of the General Laws in Chapter 24-12

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

     24-12-26. Power to collect tolls and charges -- Gasoline and service concessions. -- (a)

The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge

and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River

Bridge (subject to federal regulations and approvals), the turnpike and the different parts or

sections thereof, and for the use of any additional facility and the different parts or sections

thereof, and to contract with any person, partnership, association or corporation for placing on

any project telephone, telegraph, electric light or power lines, gas stations, garages, and

restaurants if deemed necessary by the authority in connection with the project, or for the use of

any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike

or of any additional facility or for any other purposes and to fix the terms, conditions, rents and

rates of charges for such use; provided, that the authority shall construct any gasoline service

facilities which it may determine are needed on the project, and provided, further, that, to afford

users of the project a reasonable choice of motor fuels of different brands, each gasoline service

station shall be separately offered for lease upon sealed bids and, after notice of the offer has been

published once a week in three (3) consecutive weeks in a newspaper having general circulation

in the state, and, in the event an acceptable bid shall be received in the judgment of the authority,

each lease shall be awarded to the highest responsible bidder therefor, but no person shall be

awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or

brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service

station if they would constitute more than twenty-five percent (25%) of the service stations on the

project. Notwithstanding the provisions of this section, members of the town of Jamestown police

and fire department and ambulance service personnel of the town of Jamestown and Jamestown

school department who, in the course of their duty, are required to pay a toll for use of the

Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of

Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in

turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of

this section, members of the city of Newport police and fire department and rescue personnel

who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall,

upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed

for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all

payments made by the state.

      (b) Notwithstanding the provisions of this section, members of the police and fire

department and rescue personnel of any city or town in this state who, in the course of their duty,

are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,

upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed

for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all

payments made by the state.

     24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and

Bridge authority -- Institution of tolls. -- All powers, control, and jurisdiction of and title to the

Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge

authority. Beginning August 19, 2013, and concluding on June 30, 2014 the authority may charge

and collect tolls for the use of the Sakonnet River Bridge to provide funds sufficient with any

other monies available therefor for paying the costs of acquiring, leasing, maintaining, repairing

and operating, the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge,

and the Sakonnet River Bridge, the turnpike and additional facilities. Provided, however, until

April 1 June 30, 2014, the toll imposed on the Sakonnet River Bridge shall not exceed ten cents

($0.10).

     SECTION 2. Section 31-3.1-6 of the General Laws in Chapter 31-3.1 entitled

"Certificates of Title and Security Interests" is hereby amended to read as follows:

     31-3.1-6. Issuance and records. -- (a) The division of motor vehicles shall file each

application received and, when satisfied as to its genuineness and regularity and that the applicant

is entitled to the issuance of a certificate of title, shall issue, upon payment of a fee of fifty dollars

($50.00), a certificate of title of the vehicle.

      (b) The division of motor vehicles shall maintain a record of all certificates of title issued

by it:

      (1) Under a distinctive title number assigned to the vehicle;

      (2) Under the identifying number of the vehicle;

      (3) Alphabetically, under the name of the owner; and

      (4) At the discretion of the division of motor vehicles, in any other method it determines.

      (c) Title searches, lien searches, and other transactions not cited and involving titles shall

be conducted upon payment of a fee of fifty dollars ($50.00).

     (d) Beginning in fiscal year 2015 all fees collected pursuant to this section shall be

deposited into the Rhode Island highway maintenance account.

     SECTION 3. Section 31-34.1-2 of the General Laws in Chapter 31-34.1 entitled "Rental

Vehicle Surcharge" is hereby amended to read as follows:

     31-34.1-2. Rental vehicle surcharge. -- (a) Each rental company shall collect, at the time

a motor vehicle is rented in this state, on each rental contract, a surcharge equal to eight percent

(8.0%) of gross receipts per vehicle on all rentals for each of the first thirty (30) consecutive days.

The surcharge shall be computed prior to the assessment of any applicable sales taxes, provided,

however, the surcharge shall be subject to the sales tax.

      (b) The surcharge shall be included on the rental contract and collected in accordance

with the terms of the rental contract. Sixty percent (60%) of the surcharge shall be retained by the

rental company in accordance with this section and subsection (c), and forty percent (40%) of the

surcharge shall be remitted to the state for deposit in the general fund, on a quarterly basis in

accordance with a schedule adopted by the tax administration. Each rental company collecting

and retaining surcharge amounts may reimburse itself in accordance with this section from the

funds retained for the total amount of motor vehicle licensing fees, title fees, registration fees and

transfer fees paid to the state of Rhode Island and excise taxes imposed upon the rental

companies' motor vehicles during the prior calendar year; provided, that rental companies shall

not be authorized to reimburse themselves for title fees, motor vehicles licensing fees, transfer

fees, registration fees and excise taxes unless those fees and taxes shall have been assessed and

paid in full to the state or appropriate city or town prior to any reimbursement. No reimbursement

shall be allowed upon the prepayment of any fees or excise taxes.

      (c) At a date to be set by the state tax administrator, but not later than February 15th of

any calendar year, each rental company shall, in addition to filing a quarterly remittance form, file

a report with the state tax administrator on a form prescribed by him or her, stating the total

amount of motor vehicles licensing fees, transfer fees, title fees, registration fees and excise taxes

paid by the rental company in the previous year. The amount, if any, by which the surcharge

collections exceed the amount of licensing fees, title fees, transfer fees, registration fees and

excise taxes paid shall be remitted by the rental company to the state of Rhode Island for deposit

in the general Rhode Island highway maintenance fund beginning in fiscal year 2015.

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

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

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

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

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

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

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

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

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

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

shall pay at the same time to the administrator tax at the rate of thirty-two cents ($0.32) per gallon

on all taxable gallons of fuel sold or used in this state.

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

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

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

brings the state into federal compliance.

     Beginning July 1, 2015 and every other year thereafter, the gasoline tax shall be adjusted

by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as

published by the United States Bureau of Labor Statistics determined as of September 30 of the

prior calendar year; said adjustment shall be rounded to the nearest one cent ($.01) increment,

provided that the total tax shall not be less than provided for in section (a).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

general revenue as determined by the following schedule:

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

general revenue.

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

general revenue.

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

revenue.

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

general revenue.

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

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

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

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

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

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

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

Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-

four (24) hours of receipt or previous deposit of the funds in question.

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

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

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

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

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

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

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

Resolution and Enactment Approving the Financing of Various Department of Transportation

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

Governor.

     (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be

transferred to the Rhode Island Turnpike and Bridge Authority to be used for maintenance,

operations, capital expenditures and debt service on any of its projects as defined in chapter 12 of

title 24 in lieu of a toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge

authority is authorized to remit to an indenture trustee, administrator, or other third-party

fiduciary any or all of the foregoing transfers in order to satisfy and/or secure its revenue bonds

and notes and/or debt service payments thereon, including, but not limited to, the bonds and notes

issued pursuant to the Joint Resolution set forth in Section 3 of Article 6 of Chapter 23 of the

Public Laws of 2010. Notwithstanding any other provision of said Joint Resolution, the Rhode

Island turnpike and bridge authority is expressly authorized to issue bonds and notes previously

authorized under said Joint Resolution for the purpose of financing all expenses incurred by it for

the formerly authorized tolling of the Sakonnet River Bridge and the termination thereof.

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

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

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

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

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

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

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

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

of properly authenticated vouchers.

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

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

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

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

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

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

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

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

     SECTION 5. Sections 31-41.1-7 and 31-41.1-11 of the General Laws in Chapter 31-41.1

entitled "Adjudication of Traffic Offenses" are hereby amended to read as follows:

     31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person

who has had a motor vehicle operator's license for more than three (3) years, and who has been

issued traffic violations which are his or her first violations within the preceding three (3) years,

may request a hearing seeking a dismissal of the violations based upon the operator's good

driving record.

      (b) Upon submission of proper proof that the operator has not been issued any other

traffic violation within the past three (3) years, the charge shall, except for good cause shown or

as otherwise provided by law, be dismissed based upon a good driving record; provided, that the

operator pay a thirty-five dollar ($35.00) administrative fee for court costs associated with the

dismissal. Additionally, beginning July 1, 2014, there shall be imposed a twenty-five dollar

($25.00) surcharge on all dismissals based upon a good driving record to be deposited into the

Rhode Island highway maintenance account.

      (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6)

months from the date of disposition. For purposes of this section, a parking ticket shall not

constitute a prior violation.

      (d) The following violations shall not be dismissed pursuant to this statute:

      (1) Any violation within the original jurisdiction of superior or district court;

      (2) A refusal to submit to a chemical test of breath, blood or urine pursuant to section 31-

27-2.1;

      (3) Any violation involving a school bus;

      (4) Any violation involving an accident where there has been property damage or

personal injury;

      (5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the

posted speed limit;

      (6) Any violation involving child restraints in motor vehicles pursuant to section 31-22-

22;

      (7) Any violation committed by a holder of a commercial license as defined in section

31-10.3-3 or any violation committed in a commercial motor vehicle as defined in section 31-

10.3-3 by an operator who does not hold a commercial license.

      (e) If the charge is dismissed pursuant to this section, records of the dismissal shall be

maintained for a period of three (3) years.

      (f) The judge or magistrate shall have the discretion to waive court costs and fees when

dismissing a violation pursuant to this section, with the exception of the mandatory thirty-five

dollars ($35.00) administrative fee and the twenty-five dollar ($25.00) surcharge provided for in

section 31-41.1-7(b).

     SECTION 6. Section 31-47.1-11 of the General Laws in Chapter 31-47.1 entitled "Motor

Vehicle Emissions Inspection Program" is hereby amended to read as follows:

     31-47.1-11. Fees. -- (a) Beginning in fiscal year 2015, a A fee of thirty-nine dollars

($39.00) fifty-five dollars ($55.00) is to be charged for each motor vehicle inspected. The amount

of fees collected shall provide for the cost of the inspection, the costs of administering the motor

vehicle emissions inspection program and other costs provided by law. The fee must be paid for

each motor vehicle inspected at an emissions inspection station at the time of the inspection and is

payable whether a compliance certificate, waiver certificate, or no certificate is issued. There

shall be no fee charged for one reinspection of a vehicle that failed an initial inspection when the

reinspection is conducted at the AIRS that conducted the initial inspection.

      Of the thirty-nine dollar ($39.00) fifty-five dollar ($55.00) fee, nineteen dollars ($19.00)

shall be retained by the inspection station owner to cover the costs of performing the inspection.

The remaining twenty dollars ($20.00) thirty-six dollars ($36.00) shall be remitted to the program

manager. The program manager shall retain no more than four dollars ($4.00) of the fee and remit

no less than sixteen dollars ($16.00) thirty-two dollars ($32.00) for deposit in the state general

fund Rhode Island highway maintenance account. Be it further provided that twenty dollars

($20.00) generated from the fee be deposited into the Rhode Island highway maintenance fund

according to the schedule provided in subsection (b) of § 39-18.1-5. The general assembly shall

annually appropriate such sums as may be required to cover the costs of administering the

program by the division of motor vehicles and the department of environmental management.

      (b) The general assembly shall on or before June 30th of each calendar year review the

costs and fees associated with the program with the goal of eliminating all fees being directed to

the general fund and to eliminate all costs and fees not directly related and necessary to pay the

costs of administering the motor vehicle emission inspection program as required under 40 CFR

51.354(a).

     SECTION 7. Sections 39-18.1-4 and 39-18.1-5 of the General Laws in Chapter 39-18.1

entitled "Transportation Investment and Debt Reduction Act of 2011" are hereby amended to read

as follows:

     39-18.1-4. Rhode Island highway maintenance account created. -- (a) There is hereby

created a special account in the intermodal surface transportation fund as established in section

31-36-20 that is to be known as the Rhode Island highway maintenance account. (b) The fund

shall consist of all those moneys which the state may from time to time direct to the fund,

including, not necessarily limited to, moneys derived from the following sources: (1) There is

imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than those with specific

registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by each vehicle

or truck owner in order to register that owner's vehicle or truck and upon each subsequent

biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) each

year. The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014,

twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from

July 1, 2015 through June 30, 2016 and each year thereafter. (i) For owners of vehicles or trucks

with the following plate types, the surcharge shall be as set forth below and shall be paid in full in

order to register the vehicle or truck and upon each subsequent renewal:

     Plate Type Surcharge

     Antique $5.00

     Farm $10.00

     Motorcycle $13.00

      (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the biennial

registration amount and shall be paid in full in order to register the trailer and upon each

subsequent renewal.

     (2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other

than those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or

trucks subject to annual registration, to be paid annually by each vehicle or truck owner in order

to register that owner's vehicle, trailer or truck and upon each subsequent annual registration. This

surcharge will be phased in at the rate of five dollars ($5.00) each year. The total surcharge will

be five dollars ($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1,

2014 through June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015 through June 30, 2016

and each year thereafter.

     (i) For registrations of the following plate types, the surcharge shall be as set forth below

and shall be paid in full in order to register the plate, and upon each subsequent renewal:

     Plate Type Surcharge

     Boat Dealer $6.25

     Cycle Dealer $6.25

     In-transit $5.00

     Manufacturer $5.00

     New Car Dealer $5.00

     Used Car Dealer $5.00

     Racer Tow $5.00

     Transporter $5.00

     Bailee $5.00

      (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

     (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars

and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five

cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50)

from July 1, 2014 through June 30, 2015 and each year thereafter.

     (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor

vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This

surcharge will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will

be ten dollars ($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from

July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June

30, 2016 and each year thereafter. In the event that a license is issued or renewed for a period of

less than five (5) years, the surcharge will be prorated according to the period of time the license

will be valid.

     (c) All funds collected pursuant to this section shall be deposited in the Rhode Island

highway maintenance account and shall be used only for the purposes set forth in this chapter.

     (d) Unexpended balances and any earnings thereon shall not revert to the general fund but

shall remain in the Rhode Island highway maintenance account. There shall be no requirement

that monies received into the Rhode Island highway maintenance account during any given

calendar year or fiscal year be expended during the same calendar year or fiscal year.

     (e) The Rhode Island highway maintenance account shall be administered by the director,

who shall allocate and spend monies from the fund only in accordance with the purposes and

procedures set forth in this chapter.

     (4) All fees assessed pursuant to §31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31

shall be deposited into the Rhode Island highway maintenance account, provided that for fiscal

years 2016, 2017 and 2018 these fees be transferred as follows:

     (i) From July 1, 2015 through June 30, 2016, twenty-five percent (25%) will be

deposited;

     (ii) From July 1, 2016 through June 30, 2017, seventy-five percent (75%) will be

deposited; and

     (iii) From July 1, 2017 and each year thereafter, one hundred percent (100%) will be

deposited;

     (5) All remaining funds from previous general obligation bond issues that have not

otherwise been allocated.

     39-18.1-5. Allocation of funds. -- (a) The monies in the highway maintenance fund to

be directed to the department of transportation pursuant to subdivision (a)(1) of this section shall

be allocated through the transportation improvement program process to provide the state match

for federal transportation funds, in place of borrowing, as approved by the state planning council.

The expenditure of moneys in the highway maintenance fund shall only be authorized for projects

that appear in the state's transportation improvement program.

     (b) Provided however, that beginning with fiscal year 2015 and annually thereafter, the

department of transportation will allocate necessary funding to programs that are designed to

eliminate structural deficiencies of the state's bridge, road and maintenance systems and

infrastructure.

     (c) Provided further that beginning July 1, 2015, five percent (5%) of available proceeds

in the Rhode Island Highway maintenance account shall be allocated annually to the Rhode

Island public transit authority for operating expenditures.

     SECTION 8. This article shall take effect upon passage.