Chapter 099
2021 -- S 0677
Enacted 07/01/2021

A N   A C T
RELATING TO COURTS AND CIVIL PROCEDURE - TRAFFIC TRIBUNAL

Introduced By: Senator Leonidas P. Raptakis

Date Introduced: March 18, 2021

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 council on postsecondary
education regulations regarding parking, standing, or stopping in areas under the jurisdiction of
said these 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 that occur in any city or town which that 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 the violations shall be adjudicated in accordance with the provisions of this
chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal resources
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 the 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
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. 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 minimum of
$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
      dollars $100.00
     SECTION 4. This act shall take effect upon passage.
========
LC001920
========