2019 -- S 0832

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LC002169

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- TRAFFIC TRIBUNAL

     

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: April 30, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled "Traffic

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tribunal" is hereby amended to read as follows:

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     8-8.2-2. Jurisdiction.

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     (a) Notwithstanding any inconsistent provision of law, all probationary license hearings

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as provided in § 31-10-26, all violations of the department of transportation, department of

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environmental management or board of governors for higher education regulations regarding

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parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of

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state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses

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committed in places within the exclusive jurisdiction of the United States, and except driving so

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as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving

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while under the influence of liquor or drugs, driving while under the influence of liquor or drugs

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resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily

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injury, reckless driving and other offenses against public safety as provided in § 31-27-4, eluding

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a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial,

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suspension or revocation of license, and leaving the scene of an accident in violation of § 31-26-1

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and § 31-26-2, and driving without the consent of the owner and possession of a stolen motor

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vehicle in violation of § 31-9-1 and § 31-9-2, shall be heard and determined by the traffic tribunal

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pursuant to the regulations promulgated by the chief magistrate of the traffic tribunal; provided,

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however, the traffic tribunal shall not hear any parking, standing or stopping violations which

 

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occur in any city or town which has established its own municipal court and has jurisdiction over

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such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family

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court under the provisions of chapter 1 of title 14.

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     (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

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concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by

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the chief magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations

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governing the public waters and the speed, management and control of all vessels and the size,

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type and location and use of all anchorages and moorings within the jurisdiction of the towns of

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North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton

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enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms

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"traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid

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violations and such violations shall be adjudicated in accordance with the provisions of this

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chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal

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management council under the provisions of chapter 23 of title 46.

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     (c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have

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jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief

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magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20, 20-

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13-16, 20-16-17, 23-22.5-9, 32-2-4, subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv)

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and subsection 46-22-19(1) as set forth in § 42-17.10-1.

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     (d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled

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to a review of the order by a judge of the district court. Unless otherwise provided in the rules of

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procedure of the district court, such review shall be on the record and appellate in nature. The

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district court shall by rules of procedure establish procedures for review of an order entered by

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the appeals panel of the traffic tribunal.

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     (e) Violations of any statute, rule, ordinance or regulation referenced in this section are

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subject to fines enumerated in § 31-41.1-4, except for violations of subparagraphs 21-28-

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4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv).

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     SECTION 2. Section 20-13-16 of the General Laws in Chapter 20-13 entitled "Hunting

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and Hunting Safety" is hereby amended to read as follows:

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     20-13-16. Harassment of hunters, trappers, and fishers prohibited.

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     (a) No person shall obstruct or interfere with the lawful taking of wildlife by another

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person at the location where the activity is taking place with intent to prevent the lawful taking.

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     (b) A person violates this section when he or she intentionally or knowingly:

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     (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife

 

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where another person is engaged in the process of lawfully taking wildlife;

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     (2) Blocks, impedes, or otherwise harasses another person who is engaged in the process

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of lawfully taking wildlife;

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     (3) Uses natural or artificial visual, aural, olfactory, or physical stimuli to affect wildlife

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behavior in order to hinder or prevent the lawful taking of wildlife;

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     (4) Erects barriers with the intent to deny ingress or egress to areas where the lawful

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taking of wildlife may occur;

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     (5) Interjects himself or herself into the line of fire;

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     (6) Affects the condition or placement of personal or public property intended for use in

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the lawful taking of wildlife in order to impair its usefulness or prevent its use; or

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     (7) Enters or remains upon private lands without the permission of the owner, or the

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owner's agent, with intent to violate this section.

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     (c) A violation of this section is a civil violation for which a forfeiture fine of not less

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than one hundred dollars ($100) nor more than five hundred dollars ($500) may be adjudged.

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     (d) The traffic tribunal shall have jurisdiction to hear and determine all violations

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specified in this section.

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     SECTION 3. Section 42-17.10-1 of the General Laws in Chapter 42-17.10 entitled

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"Enforcement of Certain Natural Resource Violations" is hereby amended to read as follows:

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     42-17.10-1. Civil Violations -- Jurisdiction -- Penalties.

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     In order to handle minor environmental offenses in a fair and expeditious manner, the

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following environmental offenses are declared to be civil violations and shall be within the

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jurisdiction of the Rhode Island traffic tribunal. Penalties assessed for violations shall correspond

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to the fines described.

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20-1-12 Fixing of seasons and bag limits $100.00

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20-11-20 Fresh water fishing – Penalties $100.00

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20-13-16 Harassment of hunters, trappers, and fishers $100.00, not to

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exceed $500.00

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20-16-17 Prohibition against hunting/killing otter $100.00

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23-22.5-9 Swimming in breachways prohibited not to exceed

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fifty dollars $50.00

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32-2-4 Parks and recreational areas – Rules and Regulations

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Enforcement – Power of director not to exceed one hundred

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dollars $100.00

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46-22-19(1) Regulation of boats – Penalties not to exceed one hundred

 

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      dollars $100.00

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- TRAFFIC TRIBUNAL

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     This act would vest jurisdiction over the adjudication of violations relating to obstructing

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and interfering with the lawful taking of wildlife with the Rhode Island traffic tribunal, and would

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set forth the relevant penalties related thereto.

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     This act would take effect upon passage.

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