2003 -- H 6571

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LC03515

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

     Introduced By: Representatives DeSimone, Wasylyk, Moura, Williams, and Ajello

     Date Introduced: June 24, 2003

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-8-3 of the General Laws in Chapter 8-8 entitled "District Court"

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is hereby amended to read as follows:

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     8-8-3. Jurisdiction. -- (a) The district court shall have exclusive original jurisdiction of:

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      (1) All civil actions at law, but not causes in equity or those following the course of

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equity except as provided in section 8-8-3.1 and chapter 8.1 of this title, wherein the amount in

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controversy does not exceed five thousand dollars ($5,000);

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      (2) All actions between landlords and tenants pursuant to chapter 18 of title 34 and all

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other actions for possession of premises and estates notwithstanding the provisions of subsection

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(c) of this section;

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      (3) All actions of replevin where the goods and chattels to be replevied are of the value

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of five thousand dollars ($5,000) or less;

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      (4) All violations of minimum housing standards whether established by chapter 24.3 of

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title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted

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either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum

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housing standards; except that in the event the city of Providence or town of North Providence

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shall by ordinance create a court or the city of Providence may expand the jurisdiction of its

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municipal court for the purpose of exercising jurisdiction over violations of minimum housing

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standards, Providence Municipal Zoning Code and the Rhode Island State Building Code, chapter

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27.3 of title 23, concerning properties which are not owned by the state, upon enactment of the

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ordinance, that court shall have exclusive original jurisdiction of violations of the above listed

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codes and standards as defined herein occurring within the city of Providence or the town of

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North Providence, and the district court shall be without jurisdiction over those actions;

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      (5) All suits and complaints for offenses against the bylaws, ordinances, and regulations

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of cities and towns whether passed by the cities or towns or under the law by the properly

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constituted authorities thereof;

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      (6) All other actions, proceedings, and matters of whatever nature which are or shall be

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declared to be within the jurisdiction of the court by the laws of the state.

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      (b) The district court shall also have any special jurisdiction which is or may be

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conferred by charter or law upon justices of the peace if no special court exists or is created by

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charter or law for that purpose.

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      (c) The district court shall have concurrent original jurisdiction with the superior court of

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all civil actions at law wherein the amount in controversy exceeds the sum of five thousand

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dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in

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any such action, any one or more defendants may in the answer to the complaint demand removal

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of the action to the superior court, in which event the action shall proceed as if it had been filed

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originally in the superior court.

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      (d) The district court shall have special jurisdiction to grant relief as set forth under

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section 15-15-4(b)(1).

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     SECTION 2. Section 8-18-3 of the General Laws in Chapter 8-18 entitled "State and

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Municipal Court Compact" is hereby amended to read as follows:

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     8-18-3. Jurisdiction for certain violations. -- (a) Subject to subsection (b) of this

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section, jurisdiction over the adjudication of matters relating to violations enumerated in the

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following sections of the general laws is hereby conferred upon the municipal courts and the

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traffic tribunal:

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     31-13-4 31-13-9 31-13-11 31-14-3 31-14-9 31-15-1 31-15-3

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     31-15-4 31-15-5 31-15-6 31-15-7 31-15-9 31-15-11 31-15-12

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     31-15-13 31-16-1 31-16-2 31-16-4 31-16-5 31-16-7 31-16-9

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     31-17-1 31-17-2 31-17-4 31-17-6 31-17-7 31-18-12 31-20-1

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     31-20-2 31-20-9 31-21-4 31-22-2 31-22-4 31-22-5 31-22-6

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     31-22-7 31-22-8 31-22-9 31-23-1 31-23-8 31-23-13 31-23-14

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     31-23-15 31-24-1 31-24-4 31-24-5 31-24-7 31-24-12 31-38-4

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     31-12-12 37-15-7 31-3-29 31-3-30 31-3-34 31-3-35 31-8-1

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     31-10-32 31-10.1-1 31-10.1-4 31-10.1-5 31-10.1-6 31-13-6 31-15-8

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     31-23-45 31-14-1 31-17-3 31-23-4 31-23-10 31-23-17 31-23-19

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     31-23-20 31-23-26 31-23-27 31-23-40 31-23-42.1 31-3-18 31-10-27

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     31-18-3 31-10.1-7 31-38-3 31-14-12 31-17-5 31-25-9 31-25-11

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     31-25-12 31-25-12.1 31-25-10 31-22-1 31-24-34 31-27-9 31-3-9

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     31-15-10 31-18-8 31-25-17 31-10.1-4 31-23-43 31-23-29 31-24-45

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      31-17-8 31-24-10 31-23-47 31-12-9 31-15-16 24-10-18 31-19-5

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     31-3-12 31-24-9 31-22-22 31-28-7 31-28-7.1 31-3-32 31-18-4

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     24-10-18 31-18-5 31-18-15 31-18-18 31-21-14 31-22-3 31-23-16

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     31-24-6 31-24-8 31-24-31 31-27-16 31-22-23 31-10-30 31-10-10

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     31-19-3 31-3-40 31-22-24 31-23-51 31-7-1 31-15-2 31-15-12.1

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     31-16-8 31-20-17 31-24-16 31-24-17 31-24-20 31-24-22 31-24-23

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     31-24-24 31-24-25 31-24-26 31-24-27 31-24-28 31-24-29 31-24-30

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     31-24-32 31-24-33 31-24-36 31-24-38 31-24-39 31-24-40 31-24-41

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     31-24-42 31-24-43 31-24-46 31-24-49 31-24-51 31-24-53 31-26-3.1

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     31-27-17 31-27-19 31-33-2 31-45-1 4-1-26 31-10.1-2 31-20-10

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     31-22-13 31-24-13 31-27-10 31-41.1-4 (Speeding (A)).

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      (b) Except as provided in sections 8-18-9, 8-18-10, and 31-41.1-11 jurisdiction over

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violations enumerated in subsection (a) shall be exercised as follows:

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     (1) By the traffic tribunal over all violations for which the summons is issued by a state

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agency;

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     (2) By the traffic tribunal over all violations for which the summons is issued by a city or

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town which has not established a municipal court pursuant to title 45; and

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     (3) By the municipal court over all violations for which the summons is issued by a city

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or town which has established a municipal court pursuant to title 45.

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     (c) Notwithstanding the foregoing, jurisdiction of violations under sections 31-21-4, 31-

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21-14, 31-24-32 and 31-24-34 may be exercised by an office, created by the city or town which

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issued the summons, for the exclusive function of processing parking notices of violations.

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     SECTION 3. Section 31-3-5 of the General Laws in Chapter 31-3 entitled "Registration

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of Vehicles" is hereby amended to read as follows:

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     31-3-5. Grounds for refusal of registration. -- The division of motor vehicles shall

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refuse registration or any transfer of registration upon any of the following grounds:

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      (1) That the application contains any false or fraudulent statement, or that the applicant

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has failed to furnish required information, or reasonable additional information requested by the

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division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the

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vehicle under chapters 3 -- 9 of this title;

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      (2) That the vehicle is mechanically unfit or unsafe to be operated upon the highways;

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      (3) That the division of motor vehicles has reasonable ground to believe that the vehicle

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is a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud

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against the rightful owner;

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      (4) That the registration of the vehicle stands suspended or revoked for any reason as

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provided in the motor vehicle laws of this state;

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      (5) That the vehicle has been reported by any city or town to the division of motor

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vehicles as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more;

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provided, the registration shall be issued upon presentation of proof of payment of the

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outstanding fines owed to the cities or towns reporting the unpaid fines. The sum of two hundred

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dollars ($200) shall represent the aggregate value of the sum of the fines on the face of the

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ticket(s) and shall not include interest, penalties, or any other monetary amount which may be

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imposed for failure to pay the ticket(s) or summons(es) by a specified date. Before the division of

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motor vehicles denies a registration to any person pursuant to this subsection, it shall have first

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received a five dollar ($5.00) fee for each request from the city or town requesting the denial of

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registration, which fee may be added to the aggregate value of the sum of the fines;

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      (6) That the vehicle does not comply with regulations promulgated pursuant to section

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23-23-5(18), entitled "Air Pollution";

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      (7) That the vehicle does not comply with the provisions of chapter 47.1 of this title and

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any rules and regulations promulgated under that chapter; or

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      (8) That a commercial motor vehicle is being operated by a commercial motor carrier

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that has been prohibited from operating in interstate commerce by a federal agency with authority

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to do so under federal law.

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     SECTION 4. Section 31-10-30 of the General Laws in Chapter 31-10 entitled "Operators'

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and Chauffeurs' Licenses" is hereby amended to read as follows:

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     31-10-30. Expiration and renewal of licenses. -- Every operator's and chauffeur's first

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license to operate a motor vehicle shall be by the issuance of a temporary license for the period

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beginning at the date of issuance and expiring on the birthday of the licensee in the second year

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following the issuance of the temporary license. Every operator's and chauffeur's license issued

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after expiration of the temporary license shall expire on the birthday of the licensee in the fifth

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year following the issuance of the license, with the exception of any person seventy (70) years of

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age or older whose license shall expire on the birthday of the licensee in the second year

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following the issuance of the license, and shall be renewable on or before expiration upon

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application and payment of the fee required by this chapter. The administrator of the division of

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motor vehicles, having good cause to believe the applicant for renewal is incompetent or

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otherwise not qualified, may require an examination of the applicant as upon an original

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application. The administrator of the division of motor vehicles is authorized to adopt any

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regulations necessary to carry out the purposes of this section. No operator's or chauffeur's

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license shall be renewed by the administrator of the division of motor vehicles if any city or town

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reports to the division of motor vehicles that the licensee has unpaid parking fines related to a

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vehicle owned by the licensee; provided, the license shall be renewed upon presentation of proof

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of payment of the outstanding fines owed to the cities or towns reporting the unpaid parking

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fines. Violations of this section are subject to fines enumerated in section 31-41.1-4.

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     SECTION 5. Section 45-6.1-3 of the General Laws in Chapter 45-6.1 entitled "Non-

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moving Traffic Violations" is hereby amended to read as follows:

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     45-6.1-3. Payment of fine addressed to whom. -- The ordinances referred to in section

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45-6.1-1 shall provide that payments be addressed to the chief of police of the city or town or to a

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special court that may have been established in the city or town for the disposition of motor

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vehicle offenses, or to an office created by the city or town for the exclusive function of

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processing parking notices of violations.

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     SECTION 6. Section 45-24.2-7 of the General Laws in Chapter 45-24.2 entitled

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"Minimum Housing Standards" is hereby amended to read as follows:

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     45-24.2-7. Penalties -- District court jurisdiction -- Providence housing court --

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Municipal court of the town of North Providence -- Review by Supreme Court. Penalties --

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District court jurisdiction -- Providence municipal court -- Municipal court of the town of

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North Providence -- Review by Supreme Court. -- Failure to comply with any ordinance, rule,

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or regulation passed pursuant either to the authority hereof or to any special act governing

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minimum housing shall constitute a violation, as defined in section 11-1-2, punishable by a fine

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of not more than five hundred dollars ($500) for each violation, and each day's failure to comply

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with any provision shall constitute a separate violation. The district court shall have exclusive

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original jurisdiction of all violations as provided in section 12-3-1; provided, that in the city of

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Providence, the Providence housing municipal court shall have jurisdiction to try violations

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occurring within the city of Providence; provided, further, that in the town of North Providence,

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the municipal court of the town of North Providence shall have jurisdiction to try violations

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occurring within the town of North Providence, but only in the event that the city shall by

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ordinance create a court or expand the jurisdiction of its municipal court for the purpose of

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exercising jurisdiction over minimum housing standards. A party aggrieved by any judgment of

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the district court imposing a fine pursuant to this section may seek review by the supreme court in

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accordance with section 12-22-1.1.

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     SECTION 7. This act shall take effect upon passage.

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LC03515

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

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     This act would expand the jurisdiction of the Providence municipal court to include

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housing violations. In addition, this act would allow a city or town to create an office for the

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exclusive function of processing parking tickets and would allow the division of motor vehicles to

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deny renewal of licenses and registrations for individuals who have unpaid parking tickets.

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     This act would take effect upon passage.

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LC03515

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