ARTICLE 25 SUBSTITUTE A AS AMENDED

RELATING TO COURT COLLECTIONS

SECTION 1. Section 8-8-12 of the General Laws in Chapter 8-8 entitled “District Court” is hereby amended to read as follows:

8-8-12. Duties of chief judge. – (a) The chief judge shall be the administrative head of the district court and shall be responsible for its operation and the efficient use of its manpower. To this end he or she shall:

(1) Hold court in any division when he or she deems it necessary;

(2) Assign judges to hold court in the various divisions;

(3) Designate the place or places for holding court in each division;

(4) Fix the time for holding court in each division and supervise the calendars;

(5) Report annually to the chief justice of the supreme court on the state of the business of the district court;

(6) Supervise the collection and publication of statistics pertaining to the court;

(7) Supervise the management of the records of the court;

(8) Determine the time of vacations to be taken by the district judges;

(9) Preside over the district court conference and designate the time and place that it shall be held;

(10) Promulgate rules and regulations relating to:

(i) The licensing of constables to serve certain district court civil process; and

(ii) The duties and conduct of licensed constables;

(11) Cancel any fines or other assessments imposed by the court due to the state in any criminal action after receiving certification from the chief clerk that he or she has determined them to be uncollectible for a period of at least one year from the date of imposition of the fine.

(11) Each quarter remit to the state controller within the department of administration data that would be necessary to enhance efforts to collect unpaid court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations which have been outstanding for a period of at least one year from the date of imposition or for a period of at least one year from the date the amount was due, if not due upon imposition. This data shall include the social security numbers of the persons owing the outstanding amounts. Provided, however, social security numbers shall not be part of the public record and shall be used for collection purposes only.

(b) The authority of the chief judge under this section shall be exercised both as to the district court established pursuant to this chapter and the traffic tribunal established pursuant to chapter 8.2 of this title and, subject to the labor laws of this state and any applicable collective bargaining agreement, shall include the authority to transfer clerical personnel from the traffic tribunal to the district court as may be necessary.

(c) The chief judge of the district court may designate an associate judge of the district court as administrative judge of the district court. The administrative judge may exercise such administrative authority as may be delegated to him or her by the chief judge. The administrative judge shall receive an increase in compensation which shall be set by the unclassified pay board.

(d) The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties subject to the labor laws of this state and applicable collective bargaining agreement as may be prescribed from time to time by the chief judge of the district court.

SECTION 2. Section 8-15-9 of the General Laws in Chapter 8-15 entitled “Court Administration ” is hereby amended to read as follows:

8-15-9. Supervision of court imposed and court related costs, fines, restitution, and other payments, deposits, and receipts. – Within the administrative office of the state courts there shall be a finance section. The director of the finance section shall be appointed by the chief justice of the supreme court, and approved by a majority vote of the advisory board. The director of the finance section shall monitor the handling, collection, receipt, and disbursement of all court imposed or court related fees, fines, costs, assessments, charges, and other monetary payments, deposits, and receipts, including, but not limited to, filing fees, court costs and fees, bail, fines, judgments, awards, restitution payments, registry of court accounts, restricted receipts accounts, child support and other support orders, and court stenographers' accounts. The director shall be responsible for all bookkeeping and accounting of money collected or received by the clerks of the various state courts including, but not limited to, §§ 8-4-8, 8-8-16, 8-8-17, 8-8.2-3 and 8-10-10. The director shall formulate and publish a policy which shall standardize the procedures for the handling, collection, receipt, and disbursement of court imposed or court related monetary payments, deposits, and receipts. The director shall require all persons who enter into a payment plan for the payment of court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations to provide a valid social security number at the time they enter into said payment plan. Provided, however, social security numbers shall not be part of the public record and shall be used for collection purposes only.

All money subject to the provisions of this section shall be audited by the state bureau of audits or their designee not less than once per fiscal year.

SECTION 3. Chapter 8-15 of the General Laws entitled “Court Administration” is hereby amended by adding thereto the following sections:

8-15-9.2. Information to be provided to State Controller. -- Each quarter the director of finance shall remit to the state controller within the department of administration data that would be necessary to enhance efforts to collect unpaid court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations which have been outstanding for a period of at least one year from the date of imposition or for a period of at least one year from the date the amount was due if not due upon imposition. This data shall include the social security numbers of the persons owing the outstanding amounts. Provided, however, social security numbers shall not be part of the public record and shall be used for collection purposes only.

8-15-9.3. Public Inspection of Court Payments Owed. -- (a) Notwithstanding any other provision of law, the director of the finance section on a quarterly basis shall prepare a list of the persons who owe court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations which have been unpaid for a period in excess of ninety (90) days from the date that any such amounts were due. (The above fees are hereinafter referred to as “Overdue Court Fees”.) The list shall contain the name and address of each person who owes Overdue Court Fees as of the end of the quarter, together with the total amount owed, the date that the Overdue Court Fees were imposed and the date they became due. No person owing Overdue Court Fees shall be included on such list if the underlying matter in which Overdue Court Fees were imposed, or the amount of the fees, is the subject of an appeal.

(b) The director of finance shall not include a person’s name on the list unless he or she has given the person at least thirty (30) days prior written notice of the intent to include the person’s name on the list. Said notice shall be sent to the person’s last known address by regular mail. If during said thirty (30) day period, the person either: (i) pays the overdue court fines in full; or (ii) enters into a payment plan with the director of finance to pay the overdue court fines, the name of the person shall not be included on the list.

(c) Any such list prepared by the director of finance shall be available to the public for inspection and shall be published by the director of the finance on the website that is maintained by the courts. Provided, however, that any such list prepared by the director shall not include any individuals social security number.

SECTION 4. Sections 31-41.1-4 and 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled “Adjudication of Traffic Offenses” are hereby amended to read as follows:

31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments which may vary according to the severity of the offense, or punishment which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.

VIOLATIONS SCHEDULE

8-8.2-2 DOT, DEM, or other agency and department $75.00

violations

24-10-17 Soliciting rides in motor vehicles 40.00

24-10-18 Backing up prohibited 75.00

24-10-20 Park and ride lots 75.00

31-3-12 Visibility of plates 75.00

31-3-18 Display of plates 75.00

31-2-32 Driving with expired registration 75.00

32-3-34 Failure to notify division of change of address 75.00

31-3-35 Notice of change of name 75.00

31-3-40 Temporary plates - dealer issued 75.00

31-4-3 Temporary registration - twenty (20) day bill of 75.00

sale

31-10-10 Rules as to armed forces license 75.00

31-10-30 Driving on expired license 75.00

31-10-32 Notice of change of address 75.00

31-10.1-4 No motorcycle helmet (operator) 60.00

31-10.1-5 Motorcycle handlebar violation 75.00

31-10.1-6 No motorcycle helmet (passenger) 75.00

31-10.1-7 Inspection of motorcycle required 75.00

31-12-12 Local motor vehicle ordinance 75.00

31-13-04 Obedience to devices 75.00

31-13-6(3)(i) Eluding traffic light 75.00

31-13-09 Flashing signals 75.00

31-13-11 Injury to signs or devices 75.00

31-14-1 Reasonable and prudent speed 75.00 85.00

31-14-03 Condition requiring reduced speed 75.00 85.00

31-14-09 Below minimum speed 75.00 85.00

31-14-12 Speed limit on bridges and structures 75.00 85.00

31-15-1 Leaving lane of travel 75.00

31-15-2 Slow traffic to right 75.00

31-15-3 Operator left of center 75.00

31-15-4 Overtaking on left 75.00

31-15-5(a) Overtaking on right 75.00

31-15-6 Clearance for overtaking 75.00

31-15-7 Places where overtaking prohibited 75.00

31-15-8 No passing zone 75.00

31-15-9 One way highways 75.00

31-15-10 Rotary traffic islands 75.00

31-15-11 Laned roadway violation 75.00

31-15-12 Following too closely 75.00

31-15-12.1 Entering intersection 75.00

31-15-13 Crossing center section of divided highway 75.00

31-15-14 Entering or leaving limited access roadways 75.00

31-15-16 Use of emergency break-down lane for travel 75.00

31-16-1 Care in starting from stop 75.00

31-16-2 Manner of turning at intersection 75.00

31-16-4 U turn where prohibited 75.00

31-16-5 Turn signal required 75.00

31-16-6 Time of signaling turn 75.00

31-16-7 Failure to give stop signal 75.00

31-16-8 Method of giving signals 75.00

31-17-1 Failure to yield right of way 75.00

31-17-2 Vehicle turning left 75.00

31-17-3 Yield right of way (intersection) 75.00

31-17-4 Obedience to stop signs 75.00

31-17-5 Entering from private road or driveway 75.00

31-17-8 Vehicle within right of way, rotary 75.00

31-18-3 Right of way in crosswalks 75.00

31-18-5 Crossing other than at crosswalks 75.00

31-18-8 Due care by drivers 75.00

31-18-12 Hitchhiking 75.00

31-18-18 Right of way on sidewalks 75.00

31-19-3 Traffic laws applied to bicycles 75.00

31-19-20 Sale of new bicycles 75.00

31-19-21 Sale of used bicycles 75.00

31-19.1-2 Operating motorized bicycle on an interstate 75.00

highway

31-19.2-2 Operating motorized tricycle on an interstate 75.00

highway

31-20-1 Failure to stop at railroad crossing 75.00

31-20-2 Driving through railroad gate 75.00

31-20-9 Obedience to stop sign 75.00

31-21-4 Places where parking or stopping prohibited 75.00

31-21-14 Opening of vehicle doors 45.00

31-22-2 Improper backing up 75.00

31-22-4 Overloading vehicle 75.00

31-22-5 Violation of safety zone 75.00

31-22-6 Coasting 75.00

31-22-7 Following fire apparatus 75.00

31-22-8 Crossing fire hose 75.00

31-22-9 Throwing debris on highway - snow removal 75.00

31-22-11.5 Improper use of school bus - not to exceed five hundred dollars ($500) for each day of improper use

31-22-22(a) No child restraint 75.00

31-22-22(a) Child restraint/seat belt but not in any rear 75.00

seating position

31-22-22(b), (f) No seat belt - passenger 75.00

31-22-22(g) No seat belt - operator 75.00

31-22-23 Tow trucks - proper identification 275.00

31-22-24 Operation of interior lights 75.00

31-23-1(d)(2) U.S. department of transportation motor

carrier safety rules and regulations 125.00

31-23-4 Brake equipment required 75.00

31-23-8 Horn required 75.00

31-23-10 Sirens prohibited 75.00

31-23-13 Muffler required 75.00

31-23-13.1 Altering height or operating a motor

vehicle with an altered height 75.00

31-23-14 Prevention of excessive fumes or smoke 75.00

31-23-16 Windshield and window stickers (visibility) 75.00

31-23-17 Windshield wipers 75.00

31-23-19 Metal tires prohibited 75.00

31-23-20 Protuberances on tires 75.00

31-23-26 Fenders and wheel flaps required 75.00

31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00

31-23-29 Flares or red flag required over

four thousand pounds (4,000 lbs.) 75.00

31-23-40 Approved types of seat belt requirements 75.00

31-23-42.1 Special mirror - school bus 75.00

31-23-43 Chocks required (1 pair) - over

four thousand pounds (4,000 lbs.) 75.00

31-23-45 Tire treads - defective tires 75.00

31-23-47 Slow moving emblem required 75.00

31-23-49 Transportation of gasoline - passenger vehicle 75.00

31-23-51 Operating bike or motor vehicle wearing

ear phones (first offense) 60.00

31-24-1 Times when lights required 75.00

through

31-24-53 Safety lights required on food vending vehicles 75.00

31-24-5 Headlamp required on motorcycle 75.00

31-24-31 Flashing lights - permit required 75.00

31-24-34 Failure to dim lights 75.00

31-24-45 Red flag required, load projecting four feet 75.00

(4') rear

31-25-03 Maximum width of one hundred and two

inches (102") exceeded 75.00

31-25-04 Maximum height of one hundred

sixty-two inches (162") exceeded 75.00

31-25-06 Maximum number and length of coupled vehicles 500.00

31-25-07 Load extending three feet (3') front, six feet 75.00

(6') rear exceeded

31-25-9 Leaking load 75.00

31-25-11 Connections between coupled vehicles 75.00

31-25-12 Towing chain, twelve inch (12") square flag 75.00

required

31-25-12.1 Tow truck - use of lanes (first offense) 50.00

31-25-14(d)(1) Maximum weight and tandem axles 125.00

31-25-14(d)(2) Maximum weight and tandem axles 125.00

31-25-14(d)(3) Maximum weight and tandem axles 125.00

31-25-16(c)(1) Maximum weight shown in registration 65.00 per

thousand lbs. overweight or portion thereof.

31-25-16(c)(2) Maximum weight shown in registration 125.00 per

thousand lbs. overweight or portion thereof.

31-25-16(c)(3) Maximum weight shown in registration 1,025.00 plus

$125.00 per thousand pounds overweight or portion thereof.

31-25-17 Identification of trucks and truck-tractors 50.00

(first offense)

31-25-24 Carrying and inspection of excess load limit 175.00

31-27-2.3 Refusal to take preliminary breath test 75.00

31-28-7(d) Wrongful use of handicapped parking placard 500.00

31-28-7(f) Handicapped parking space violation:

First offense 100.00

Second offense 175.00

Third offense and subsequent offenses 325.00

31-28-7.1(e) Wrongful use of institutional handicapped

parking placard 125.00

31-33-2 Failure to file accident report 45.00

31-36.1-17 No fuel tax stamp (out-of-state) 75.00

31-38-3 No inspection sticker 75.00

31-38-4 Violation of inspection laws 75.00

31-47.2-06 Heavy-duty vehicle emission inspections:

First offense 125.00

Second offense 525.00

Third and subsequent offenses 1,025.00

37-15-7 Littering 55.00

39-12-26 Public carriers violation 75.00

SPEEDING

Fine

(A) One to ten miles per hour (1-10 mph)

in excess of posted speed limit $75.00 $85.00

(B) Eleven miles per hour (11 mph) in

excess of posted speed limit with a fine

of ten dollars ($10.00) per mile in excess 185.00 $195.00

of speed limit shall be assessed. minimum

(b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding: (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed limit on public highways, a fine as provided for in subsection (a) of this section for the first offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the third and any subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days. (c) Any person charged with a violation who pays the fine administratively pursuant to chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse prevention.

31-41.1-6. Hearings. -- (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge of the district court may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.

(b) After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.

(c) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this title for the violation, except that no penalty for it shall include imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a registration in the name of the defendant in accordance with any provisions of this title which authorize the suspension or revocation of a license or of a registration, or may order the suspension of a the license or of a and the registration of the defendant for the willful failure to pay a fine previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate may order the suspension of the registration of the vehicle with which the violation was committed, if the defendant has willfully failed to pay a fine previously imposed.

(d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the department of administration. An order to attend a course may also include a provision to pay reasonable tuition for the course to the institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain findings of fact. Failure to comply with an order of attendance may, after notice and hearing, result in the suspension or revocation of a person's license or registration.

(e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a period of thirty (30) days the effective date of any suspension or revocation of a driver's license or vehicle registration imposed pursuant to this chapter. However, the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle registration shall contain a statement of reasons for it.

SECTION 5. Chapter 35-6 of the General Laws entitled “Accounts and Control” is hereby amended by adding thereto the following section:

35-6-32.1. Collection of Unpaid Fines and Assessments – (a) The controller is authorized on behalf of the state to enter into a written agreement with one or more qualified collection agencies to attempt to collect all fees, fines, court costs, assessment charges and/or other monetary obligations imposed by any state court and/or the traffic tribunal which have been unpaid for a period in excess of one year from the date any such amounts were due.

(b) Amounts recovered by a collection agency pursuant to an agreement with the state, shall be remitted to the controller and deposited in the general fund of the state; provided, however, a collection agency shall be permitted to retain a percentage of the amounts collected as provided in the agreement with the controller.

SECTION 6. This article shall take effect upon passage.