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:

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

tribunal" is hereby amended to read as follows:

     8-8.2-2. Jurisdiction.

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

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

environmental management or board of governors for higher education regulations regarding

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

court under the provisions of chapter 1 of title 14.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

the appeals panel of the traffic tribunal.

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

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

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

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

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

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

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

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

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

     (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;

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

of lawfully taking wildlife;

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

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

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

taking of wildlife may occur;

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

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

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

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

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

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

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

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

specified in this section.

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

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

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

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

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

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

to the fines described.

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

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

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

exceed $500.00

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

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

fifty dollars $50.00

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

Enforcement – Power of director not to exceed one hundred

dollars $100.00

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

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      dollars $100.00

     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

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

set forth the relevant penalties related thereto.

     This act would take effect upon passage.

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