ARTICLE 29 SUBSTITUTE A

Relating To Public Utilities Commission

SECTION 1. Section 39-1-23.1 of the General Laws in Chapter 39-1 entitled “Public Utilities Commission” is hereby amended to read as follows:

39-1-23.1.  Motor carrier enforcement program created – Recovery of expenses through a percentage of fines collected from motor carriers. – (a) The administrator has been charged under this title with the responsibility of promoting adequate, economical and efficient service by motor carriers and reasonable charges therefore without unjust discriminations, undue preferences, or advantages, or unfair or destructive competitive practices. This legislative charge further requires that the administrator improve the relations between, and coordinate transportation by, and the regulations between all modes of transportation provided by the various classes of motor carriers; develop and preserve a highway transportation system properly adapted to the needs of the commerce of the state; and promote safety upon its publicly used highways in the interest of its citizens.

   (b) It is hereby declared that in order to enforce the statutes, rules and regulations under which the administrator carries out his or her efforts to fulfill the mandates provided in subsection (a), general appropriations shall be provided, pursuant to the assessment provision contained in § 39-1-23, for the purposes of providing the administrator with the financial means to maintain an enforcement presence in the transportation industry. The appropriations shall be used by the administrator to create and maintain a field enforcement staff of at least two (2) inspector-auditors whose sole responsibilities shall be to promote and compel compliance with all applicable motor carrier related statutes, rules and regulations. In addition to compensation for inspector-auditors, the motor carrier enforcement appropriations may be used to purchase any materials or equipment necessary for this field enforcement staff and any training or educational programs germane to its regulatory functions.

(c) General revenue receipts shall come from the money fines and/or penalties received by the general treasurer for violations of transportation related statutes, rules and regulations through the compliance efforts of the inspector-auditors created in this section. The funding shall be based upon the total dollar value of all citations issued by the administrator, whether or not through the assistance of state or local law enforcement agencies and any fines ordered by any judge of the district or superior courts pursuant to any plea bargaining agreements or fines ordered by the court after trial. All revenues received pursuant to this chapter shall be deposited as general revenues.

SECTION 2. Section 47-16-1 of the General Laws in Chapter 47-16 entitled “Public Utilities Metering Devices” is hereby amended to read as follows:

47-16-1. Testing of metering devices Forbidding use. Forbidding use of metering devices.-(a)The administrator of the division of public utilities and carriers is hereby authorized and directed to conduct spot tests of all metering devices used in the sale of electricity, water, or natural gas at least once a year, and the number of metering devices checked each year shall be such as in the administrator’s judgment is necessary to constitute a fair sampling of metering devices in use to prevent fraud or deception in the use of the devices, or to insure the accurate measurement of those commodities in any sale.

(b) Any town or city sealer of weights, measures, and balances shall have authority to condemn and forbid the use of any metering device for the sale of electricity, water, or natural gas in his or her respective town or city, or until the device has been duly tried and sealed, or until the metering device has been equipped with such attachment, contrivance, or apparatus as will insure the correct and proper functioning of the measuring device for the sale of the electricity, water, or natural gas by accurate measurement.

Section 3. This article shall take effect as of July 1, 2008.