2015 -- H 6338

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LC002921

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Representative John G. Edwards

     Date Introduced: June 24, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode

Island Turnpike and Bridge Authority" is hereby amended to read as follows:

     24-12-37. Penalty for nonpayment of toll -- Toll Violators. -- Penalty for

nonpayment of toll -- Toll violators and toll evaders. -- (a) Any person who fails or refuses to

pay or prepay the required toll shall be required to pay the toll amount and an administrative fee

of six dollars ($6.00) within thirty (30) days of issuance of the notice of violation.

      (b) Any person who fails to pay the due toll amount and the administrative fee within

thirty (30) days of the issuance of the notice of the violation shall be punished by a fine of eighty-

five dollars ($85.00) and may have his or her drivers license suspended pursuant to § 31-41.1-6

for a period not to exceed thirty (30) days for the violation. Toll violators, who fail to pay the due

toll amount and the administrative fee within thirty (30) days of the issuance of the notice of the

violation shall receive a traffic violation summons which shall be subject to the jurisdiction of the

Traffic Tribunal. The toll amount, and administrative fee due under this subsection shall be

remitted to the Rhode Island Turnpike and Bridge Authority.

      (c) "Toll Violator" means, for the purposes of this section, any person who uses any

project and fails to pay the required toll and accepts an Unpaid Toll Invoice from the Authority.

      (1) The authority shall promulgate appropriate rules and regulations to ensure the proper

administration of the provisions of this section.

      (2) For the purposes of this section only, "person" means the registered owner, driver,

rentee or lessee of a motor vehicle.

      (3) It is unlawful for any person or business, other than an authorized representative of

the authority: (i) to sell, offer for sale or attempt to sell tokens, tickets, passes or other evidences

of payment issued for passage on any project of the authority, including but not limited to, the

Claiborne Pell Bridge, if originally issued by the authority pursuant to any program of the

authority providing for a reduced rate of toll based upon frequency of use of the project, volume

of tokens, passes or other evidences of payment purchased, or method of payment for the toll; or

(ii) to sell, offer for sale, or attempt to sell tokens, passes or other evidences of payment issued for

passage on any project of the authority, including but not limited to, the Claiborne Pell Bridge for

a profit. Any person or business who is found in violation of this subsection shall be punished, for

each offense, by a fine of not more than five hundred dollars ($500).

     (a) Legislative findings: The general assembly finds as follows:

     (1) All users of any tolled projects should be required to timely pay for the use of such

projects;

     (2) Toll violators and toll evaders unfairly shift the financial burden of maintaining the

tolled projects to other project users; and

     (3) Rhode Island has a strong interest in ensuring that its transportation infrastructure is

adequately funded in a fair and equitable manner.

     (b) In each instance when a person fails or refuses to pay or prepay the required toll on a

tolled project, and is issued a violation for the same, the toll violator shall pay the toll amount

within fourteen (14) days of issuance of the violation.

     (c) Any toll violator who fails to pay the toll amount due within the fourteen (14) day

period in subsection (a) of this section shall immediately incur a forty dollar ($40.00)

administrative fee in addition to the unpaid toll amount.

     (d) Any toll violator who fails to pay the forty dollar ($40.00) administrative fee and

unpaid toll as required by subsection (b) of this section within forty-five (45) days of the issuance

of the original violation shall incur a thirty-five dollar ($35.00) administrative fee in addition to

the forty dollar ($40.00) administrative fee and the unpaid toll amount. The toll amount and

administrative fees shall be paid to the authority.

     (e) Toll evaders shall be responsible for any tolls and administrative fees applicable to

toll violators. Further, any toll evader shall also receive a traffic violation summons which shall

be subject to the jurisdiction of the Rhode Island traffic tribunal, which may suspend the toll

evader's driver's license for up to six (6) months for the violation and assess a fine up to five

hundred dollars ($500), or both. All tolls, administrative fees, and fines shall be payable to the

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authority.

     (f) If the unpaid toll amounts, administrative fees, and fines (if applicable) are not paid

within ninety (90) days of the issuance of the original violation, then the authority may report the

person to the Rhode Island department of motor vehicles, who then shall not permit that person to

renew his or her driver's license and vehicle registration until the unpaid toll amounts,

administrative fees, and fines (if applicable) are paid to the authority. Upon the authority's receipt

of such payment or a written repayment agreement between the person and the authority, the

authority shall promptly issue a verbal, written or electronic confirmation showing the amounts

paid and a certification that the person does not owe any amounts to the authority or has

otherwise made satisfactory repayment arrangements with the authority. In such a case, the

Rhode Island department of motor vehicles shall forthwith release any hold placed for this

purpose on the person's license renewal and vehicle registration renewal. If a person who made

satisfactory repayment arrangements with the authority subsequently fails to honor such

arrangements with the authority according to their terms, then the authority may re-report the

person to the Rhode Island department of motor vehicles which shall then not permit that person

to renew his or her driver's license and vehicle registration until the originally unpaid toll

amounts, administrative fees, and fines (if applicable) are paid to the authority.

      (g) "Toll evader" means, for purposes of this section, any person who uses a project, fails

or refuses to pay the required toll, and deliberately circumvents or proceeds around or through a

gate or other barrier on a project.

     (h) "Toll violator" means, for the purposes of this section, any person who uses any

project and fails to pay or prepay the required toll.

      (i) The authority may promulgate appropriate rules and regulations to ensure the proper

administration of the provisions of this section. Any person aggrieved by the authority's

assessment of any administrative fees may request review of such assessment through the process

established by the authority, which shall not be subject to chapter 35 of title 42 ("administrative

procedures act").

     (j) For the purposes of this section only, "person" means the registered owner, EZPass

account holder, driver, rentee, or lessee of a motor vehicle.

     (k) It is unlawful for any person or business, other than an authorized representative of

the authority or any other duly authorized and existing toll or transportation agency to sell, lease,

rent, or offer for sale, lease, or rent any tokens, tickets, passes, transponders or other evidences of

payment issued for passage on any project. Any person or business who is found in violation of

this subsection shall be punished, for each offense, by a fine of not more than five hundred dollars

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($500).

     SECTION 2. Section 24-12-37.1 of the General Laws in Chapter 24-12 entitled "Rhode

Island Turnpike and Bridge Authority" is hereby repealed.

     24-12-37.1. Additional penalties -- Toll evaders. -- (a) Any toll evader who fails or

refuses to pay or prepay the required toll, and such violation may be evidenced by video or

photograph, shall be required to pay a fine not exceeding five hundred dollars ($500) and shall

pay the toll amount due and an administrative fee of six dollars ($6.00) or may have his or her

driver's license suspended for up to six (6) months for the violation, or both. A toll evader under

this subsection shall receive a traffic violation summons which shall be subject to the jurisdiction

of the Traffic Tribunal. The administrative fee and toll amount due under this subsection shall be

remitted to the Rhode Island Turnpike and Bridge Authority.

      (b) "Toll Evader" means, for the purposes of this section, any person who: (1) Uses any

project and fails or refuses to pay the required toll; (2) Does not accept an unpaid toll invoice

from the authority upon entering the toll plaza area or uses the project without obtaining an

unpaid toll invoice prior to using the project; and (3) Whose actions can be reasonably construed

as a deliberate attempt to avoid paying the toll.

     SECTION 3. Section 31-3-5 of the General Laws in Chapter 31-3 entitled "Registration

of Vehicles" is hereby amended to read as follows:

     31-3-5. Grounds for refusal of registration. -- The division of motor vehicles shall

refuse registration or any transfer of registration upon any of the following grounds:

      (1) That the application contains any false or fraudulent statement, or that the applicant

has failed to furnish required information, or reasonable additional information requested by the

division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the

vehicle under chapters 3 -- 9 of this title;

      (2) That the vehicle is mechanically unfit or unsafe to be operated upon the highways;

      (3) That the division of motor vehicles has reasonable ground to believe that the vehicle

is a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud

against the rightful owner;

      (4) That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state;

      (5) That the vehicle has been reported by any city or town to the division of motor

vehicles as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more;

provided, the registration shall be issued upon presentation of proof of payment of the

outstanding fines owed to the cities or towns reporting the unpaid fines. The sum of two hundred

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dollars ($200) shall represent the aggregate value of the sum of the fines on the face of the

ticket(s) and shall not include interest, penalties, or any other monetary amount which may be

imposed for failure to pay the ticket(s) or summons(es) by a specified date. Before the division of

motor vehicles denies a registration to any person pursuant to this subsection, it shall have first

received a five dollar ($5.00) fee for each request from the city or town requesting the denial of

registration, which fee may be added to the aggregate value of the sum of the fines;

      (6) That the vehicle does not comply with regulations promulgated pursuant to § 23-23-

5(18), entitled "Air Pollution";

      (7) That the vehicle does not comply with the provisions of chapter 47.1 of this title and

any rules and regulations promulgated under that chapter;

      (8) That a commercial motor vehicle is being operated by a commercial motor carrier

that has been prohibited from operating in interstate commerce by a federal agency with authority

to do so under federal law; or

      (9) That the registered owner of a vehicle failed to pay the required fine and toll toll

amounts, administrative fees, and/or fines as prescribed in subdivision § 24-12-37(a)(3) of the

general laws.

     SECTION 4. Section 42-35-18 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

     42-35-18. Effective date of chapter -- Scope of application and exemptions. -- (a) This

chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts

inconsistent herewith shall stand repealed; provided, however, that except as to proceedings

pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not

expressly exempted.

      (b) None of the provisions of this chapter shall apply to the following sections and

chapters:

      (1) Section 16-32-10 (University of Rhode Island);

      (2) Chapter 41 of title 16 (New England Higher Education Compact);

      (3) Section 16-33-6 (Rhode Island College);

      (4) Chapter 16 of title 23 (Health Facilities Construction Act);

      (5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);

      (6) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);

      (7) Chapter 7 of title 17 (State Board of Elections);

      (8) Chapter 16 of title 8 (Judicial Tenure and Discipline);

      (9) Chapter 61 of title 42 (State Lottery);

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      (10) Chapter 24.4 of title 45 (Special Development Districts);

      (11) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).

      (c) The provisions of §§ 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall not

apply to:

      (1) Any and all acts, decisions, findings, or determinations by the board of review of the

department of labor and training or the director of the department of labor and training or his, her,

its or their duly authorized agents and to any and all procedures or hearings before and by the

director or board of review of the department of labor and training or his or her agents under the

provisions of chapters 39 -- 44 of title 28.

      (2) Section 28-5-17 (Conciliation of charges of unlawful practices).

      (3) Chapter 8 of title 13 (Parole).

      (4) Any and all acts, decisions, findings or determinations by the administrator of the

division of motor vehicles or his or her duly authorized agent and to any and all procedures or

hearings before and by said administrator or his or her said agent under the provisions of chapters

10, 11, 31 to 33, inclusive, of title 31.

      (5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title

28.

      (6) Any and all acts, decisions, findings, or determinations made under authority from

the provisions of chapters 29 -- 38 of title 28, concerning workers' compensation administration,

procedure and benefits.

     (7) Any and all acts, decisions, findings, or determinations made by the Rhode Island

turnpike and bridge authority and to any and all procedures or hearings before said agency under

the provisions of chapter 12 of title 24 concerning review of the assessment of administrative

fees.

     SECTION 5. This act shall take effect on October 1, 2015, and shall apply retroactively

to all toll violators and toll evaders who, prior to said date have failed or refused to pay or prepay

the required toll on a tolled project at least one hundred (100) or more times; received at least

three (3) written notices from the authority (or its agent) regarding the non-payment of tolls; and

who are not party to a written repayment plan with the authority.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

***

     This act would modify the fines, administrative fees and penalties for motorists who are

toll violators and evaders, and who fail to timely pay their fines and fees, including preventing

nonpayers from renewing their motor vehicle licenses and registrations. It would also exempt

reviews of the Rhode Island turnpike and bridge authority's imposition of administrative fees

from the "Administrative Procedures Act".

     This act would take effect on October 1, 2015 and would apply retroactively to all toll

violators and toll evaders who, prior to said date have failed or refused to pay or prepay the

required toll on a tolled project at least one hundred (100) or more times; received at least three

(3) written notices from the authority (or its agent) regarding the non-payment of tolls; and who

are not party to a written repayment plan with the authority.

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