2016 -- S 2599 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Senators DiPalma, and Felag

     Date Introduced: February 25, 2016

     Referred To: Senate 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. Legislative findings. The

general assembly finds as follows:

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

such projects;

     (2) That 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) 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. 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 (b) 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 administrative fee and unpaid toll as required by

subsection (c) 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, at the request of the authority, any toll evader shall also promptly 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

violations and assess a fine of up to five hundred dollars ($500), or both. All tolls, administrative

fees, and fines shall be payable to the authority.

     (f) If any unpaid toll amounts, administrative fees, and fines are not paid within ninety

(90) days of the issuance of the original violation, and the toll violator has incurred at least twenty

(20) instances in which such toll violator has failed to pay any required toll amounts,

administrative fees, and fines, then the authority may report the person as a toll violator, or, if

appropriate, as a toll evader, to the Rhode Island division of motor vehicles, who then shall not

permit that person to renew their driver's license and vehicle registration until any unpaid toll

amounts, administrative fees, and fines 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 electric 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 any such case, the

Rhode Island division 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 and comply

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

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the person to the Rhode Island division of motor vehicles which shall then prohibit that person

from renewing their driver's license and vehicle registration until the originally unpaid toll

amounts, administrative fees, and fines are paid to the authority.

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

project and fails to pay or prepay the required toll and accepts an Unpaid Toll Invoice from the

Authority.

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

fails or refuses to pay or prepay the required toll, and deliberately circumvents or proceeds around

or through a gate or other barrier on a project; and/or any toll violator who fails or refuses 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 is not a party to, or in current compliance with, a written repayment plan with the

authority.

      (1)(i) The authority shall 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 the provisions of chapter 35 of title 42.

      (2)(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) This chapter shall apply retroactively to all persons who are toll evaders as of the

effective date of this act.

     (l) Nothing contained in this section shall be construed to reduce or otherwise eliminate

any tolls, fines, or penalties a person owes to the authority based upon violations occurring prior

to the effective date of this chapter.

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

of the authority: (i) or any other duly authorized and existing toll or transportation agency to sell,

lease, rent, or offer for sale, lease or attempt to sell rent any 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 transponders 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

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

($500).

     (n) If any provision of this chapter or its application to any person is deemed invalid, any

such invalidity shall not affect the other provisions of this chapter which may lawfully be given

effect without the invalid provision.

     SECTION 2. This act shall take effect on October 1, 2016.

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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 impose administrative fees upon individuals who fail to make timely

payments of toll amounts, and would subject toll evaders to license suspension or fines pursuant

to jurisdiction of the Rhode Island traffic tribunal.

     This act would take effect on October 1, 2016.

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