2011 -- S 1063 SUBSTITUTE A

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LC02832/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY -

NEWPORT BRIDGE TOLLS

     Introduced By: Senators DiPalma, Lanzi, and Bates

     Date Introduced: June 21, 2011

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode

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Island Turnpike and Bridge Authority" is hereby amended to read as follows:

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     24-12-37. Penalty for nonpayment of toll.Penalty for nonpayment of toll – Toll

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Violators. (a) For the first (1st) violation within a calendar year, any Any person who uses any

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project and fails or refuses to pay or prepay the required toll shall be required to pay the toll

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amount and an administrative fee of six dollars ($6.00) within thirty (30) days of receiving

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issuance of the notice of violation.

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     (b) Any person who fails to pay the due toll amount and the administrative fee within

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thirty (30) days of the issuance of the notice of the violation after receiving notice shall be

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punished by a fine of fifty dollars ($50.00) eighty-five ($85.00) and may be suspended pursuant

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to section 31-41.1-6 for a period not to exceed thirty (30) days for the violation. and shall pay the

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toll amount due. Toll evaders shall receive notice of the violation from the Rhode Island turnpike

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and bridge authority by first class mail or by certified mail, return receipt requested. Toll violators

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shall receive a traffic violation summons which shall be subject to the jurisdiction of the Traffic

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Tribunal. The fine and toll amount, and administrative fee due under this subsection shall be

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remitted to the Rhode Island turnpike Turnpike and bridge Bridge authority Authority.

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     (c) "Toll Violator" means, for the purposes of this section, any person who uses any

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project and fails to pay the required toll and accepts an Unpaid Toll Invoice from the Authority.

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      (2) For the second (2nd) violation within a calendar year, any person who uses any

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project and fails or refuses to pay or prepay the required toll shall be punished by a fine of one

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hundred dollars ($100) and shall pay the toll amount due. Toll evasion violators under this

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subsection shall receive a traffic violation summons which shall be subject to the jurisdiction of

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the traffic tribunal. Any violation issued under this subsection shall be paid within thirty (30) days

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of receiving the notice of the violation. The traffic tribunal shall remit the toll amount due to the

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Rhode Island turnpike and bridge authority.

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      (3) For the third (3rd) and subsequent violations within a calendar year, any person who

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uses any project and fails or refuses to pay or prepay the required toll or fails to pay in a timely

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manner a fine issued pursuant to subdivision 24-12-37(a)(1) or (a)(2) after having received notice

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thereof, the person shall be subject to a fine of two hundred fifty dollars ($250) and shall pay the

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toll amount due within thirty (30) days of receiving the notice of violation. Toll evasion violators

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under this subsection shall receive a traffic violation summons which shall be subject to the

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jurisdiction of the traffic tribunal. The traffic tribunal shall remit the toll amount due to the Rhode

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Island turnpike and bridge authority.

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      The Rhode Island turnpike and bridge authority shall notify the administrator of the

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division of motor vehicles, who shall place the matter on the record and shall not renew a license

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to operate a motor vehicle or the registration of any vehicle owned by the person, or both, until

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the matter has been disposed of in accordance with applicable law or regulation. If the person is

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found to be a resident of another state or jurisdiction, the administrator of motor vehicles shall

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revoke the violator's right to operate a vehicle in Rhode Island until the matter has been disposed

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of in accordance with applicable law or regulations.

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      (4)(2) The authority shall promulgate appropriate rules and regulations to ensure the

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proper administration of the provisions of this section.

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      (5)(3) For the purposes of this section only, "person" means the registered owner, driver,

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rentee or lessee of a motor vehicle.

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      (b)(4) It is unlawful for any person or business, other than an authorized representative

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of the authority: (i) to sell, offer for sale or attempt to sell tokens, tickets, passes or other

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evidences of payment issued for passage on any project of the authority, including but not limited

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to, the Claiborne Pell Bridge, if originally issued by the authority pursuant to any program of the

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authority providing for a reduced rate of toll based upon frequency of use of the project, volume

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of tokens, passes or other evidences of payment purchased, or method of payment for the toll; or

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(ii) to sell, offer for sale, or attempt to sell tokens, passes or other evidences of payment issued for

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passage on any project of the authority, including but not limited to, the Claiborne Pell Bridge for

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a profit. Any person or business who is found in violation of this subsection shall be punished, for

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each offense, by a fine of not more than five hundred dollars ($500).

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     SECTION 2. Chapter 24-12 of the General Laws entitled "Rhode Island Turnpike and

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Bridge Authority" is hereby amended by adding thereto the following section:

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     24-12-37.1. Additional penalties – Toll evaders. -- (a) Any person who fails or refuses

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to pay or prepay the required toll, and such violation may be evidenced by video or photograph,

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shall be required to pay a fine not exceeding five hundred dollars ($500) and shall pay the toll

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amount due and an administrative fee of six dollars ($6.00) or may have his or her driver's license

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suspended for up to six (6) months for the violation, or both. A toll evader under this subsection

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shall receive a traffic violation summons which shall be subject to the jurisdiction of the Traffic

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Tribunal. The administrative fee and toll amount due under this subsection shall be remitted to the

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Rhode Island Turnpike and Bridge Authority.

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     (b) "Toll Evader" means, for the purposes of this section, any person who: (1) Uses any

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project and fails or refuses to pay the required toll; (2) Does not accept an unpaid toll invoice

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from the authority upon entering the toll plaza area or uses the project without obtaining an

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unpaid toll invoice prior to using the project; and (3) Whose actions can be reasonably construed

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as a deliberate attempt to avoid paying the toll.

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     24-12-37.2. Driver/registered owner liability. -- (a) The registered owner of the motor

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vehicle shall be primarily responsible in all prosecutions brought pursuant to the provisions of

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sections 24-12-37 and 24-12-37.1.

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     (b) In all prosecutions of nonpayment of toll violations, there is a rebuttable presumption

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that the registered owner of the vehicle was the operator of the vehicle and may liable for the

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violation. The registered owner of the vehicle may assume liability for the violation by paying the

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fine; or by defending the violation.

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     SECTION 3. This act shall take effect upon passage.

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LC02832/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS - RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY -

NEWPORT BRIDGE TOLLS

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     This act would increase the fines and fees associated with failing to pay tolls at bridge

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and turnpike facilities.

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     This act would take effect upon passage.

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LC02832/SUB A

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