ARTICLE 6

RELATING TO FEES

     SECTION 1. Section 5-65-8 and 5-65-9 of the General Laws in Chapter 5-65 entitled

“Contractors’ Registration and Licensing Board” are hereby amended to read as follows:

     5-65-8. Term of registration – Renewal – Registration identification card.

(a) A certificate of registration shall be valid for two one (2) (1) years from the date of

issuance unless the registration is revoked or suspended as described in § 5-65-10. It may be renewed

by the same procedure provided for an original registration upon application and furnishing of any

additional supplemental information that the board may require by rule.

     (b) The board shall issue a pocket-card certificate of registration to a contractor registered

under this chapter including a picture of the registrant as prescribed by the board in the rules and

regulations. The Rhode Island department of administration, division of motor vehicles, shall, upon

the board's request, provide electronic copies of the digital photos of any registrant under this

chapter on record to be incorporated into the contractors' registration data bank to match the drivers'

licenses or IDs provided by registrants or applicants unless the applicant provides written

notification to the board to the contrary.

     (c) The board may vary the dates of registration renewal by giving to the registrant written

notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.

     (d) The presentation of the registration or license identification card shall be mandatory at

the time of permit application.

     (e) If a registrant files in bankruptcy court, the board must be notified in writing by the

registrant and kept informed of the status of the case until dismissed, discharged, or resolved in

court.

     5-65-9. Registration fee.

     (a) Each applicant shall pay to the board:

     (1) For original registration or renewal of registration, a fee of two hundred dollars

($200)one hundred and fifty dollars ($150).

     (2) A fee for all changes in the registration, as prescribed by the board, other than those

due to clerical errors.

     (b) All fees and fines collected by the board shall be deposited as general revenues to

support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees

and fines collected by the board shall be deposited into a restricted-receipt account for the exclusive

use of supporting programs established by this chapter.

     (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with

the speaker of the house and the president of the senate, with copies to the chairpersons of the house

and senate finance committees, detailing:

     (1) The total number of fines issued, broken down by category, including the number of

fines issued for a first violation and the number of fines issued for a subsequent violation;

     (2) The total dollar amount of fines levied;

     (3) The total amount of fees, fines, and penalties collected and deposited for the most

recently completed fiscal year; and

     (4) The account balance as of the date of the report.

     (d) Each year, the department of business regulation shall prepare a proposed budget to

support the programs approved by the board. The proposed budget shall be submitted to the board

for its review. A final budget request shall be submitted to the legislature as part of the department

of business regulation's annual request.

     (e) New or renewal registrations may be filed online or with a third-party approved by the

board, with the additional cost incurred to be borne by the registrant.

     SECTION 2. Sections 73-4 of Chapter 5 of the General Laws entitled “Roofing

Contractors” is hereby amended to read as follows:

     5-73-4. Registration fee.

     All roofing contractors shall submit a payment in the amount of four hundred dollars

($400), which shall support the licensing program, representing a license fee along with the

application referenced in § 5-73-3, and be required to comply with the provisions of chapter 65 of

this title and those provisions shall be interpreted to include commercial roofers as defined in this

chapter. Beginning July 1, 2008, all fines and fees collected pursuant to this chapter shall be

deposited into a restricted-receipt account for the exclusive use of supporting programs established

by the board. The license shall expire every two (2) years on the anniversary date of the license's

issuance and may be renewed upon payment of a two hundred dollar ($200) fee.

     SECTION 3. Section 7-11-206 of the General Laws in Chapter 7-11 entitled “Rhode Island

Uniform Securities Act” is hereby amended to read as follows:

     7-11-206. Licensing and notice fees; and filing requirements for federal covered

advisers.

     (a) A federal covered adviser or an applicant for licensing shall pay an annual fee as

follows:

     (1) Broker-dealer three hundred dollars ($300) and for each branch office one hundred

dollars ($100);

     (2) Sales representative seventy-five dollars ($75.00) one hundred dollars ($100.00);

     (3) Investment adviser three hundred dollars ($300);

     (4) Investment adviser representative sixty dollars ($60.00); and

     (5) Federal covered adviser three hundred dollars ($300).

     (b) Except with respect to federal covered advisers whose only clients are those described

in § 7-11-204(1)(i), a federal covered adviser shall file any documents filed with the U.S. Securities

and Exchange Commission with the director, that the director requires by rule or order, together

with any notice fee and consent to service of process that the director requires by rule or order. The

notice filings under this subsection expire annually on December 31, unless renewed.

     (c) A notice filing under this section is effective from receipt until the end of the calendar

year. A notice filing may be renewed by filing any documents that have been filed with the U.S.

Securities and Exchange Commission as required by the director along with a renewal fee of three

hundred dollars ($300).

     (d) A federal covered adviser may terminate a notice filing upon providing the director

notice of the termination, which is effective upon receipt by the director.

     (e) Notwithstanding the provisions of this section, until October 11, 1999, the director may

require the registration as an investment adviser of any federal covered adviser who has failed to

promptly pay the fees required by this section after written notification from the director of the

nonpayment or underpayment of the fees. A federal covered adviser is considered to have promptly

paid the fees if they are remitted to the director within fifteen (15) days following the federal

covered adviser's receipt of written notice from the director.

     (f) For purposes of this section, "branch office" means any location where one or more

associated persons of a broker-dealer regularly conducts the business of effecting any transactions

in, or inducing or attempting to induce the purchase or sale of any security, or is held out as such,

excluding:

     (1) Any location that is established solely for customer service and/or back office type

functions where no sales activities are conducted and that is not held out to the public as a branch

office;

     (2) Any location that is the associated person's primary residence; provided that:

     (i) Only one associated person, or multiple associated persons who reside at that location

and are members of the same immediate family, conduct business at the location;

     (ii) The location is not held out to the public as an office and the associated person does

not meet with customers at the location;

     (iii) Neither customer funds nor securities are handled at that location;

     (iv) The associated person is assigned to a designated branch office, and such designated

branch office is reflected on all business cards, stationery, advertisements and other

communications to the public by such associated person;

     (v) The associated person's correspondence and communications with the public are

subject to the firm's supervision in accordance with Rule 3010 of the Financial Industry Regulatory

Authority;

     (vi) Electronic communications are made through the broker-dealer's electronic system;

     (vii) All orders are entered through the designated branch office or an electronic system

established by the broker-dealer that is reviewable at the branch office;

     (viii) Written supervisory procedures pertaining to supervision of sales activities conducted

at the residence are maintained by the broker-dealer; and

     (ix) A list of the residence locations is maintained by the broker-dealer;

     (3) Any location, other than a primary residence, that is used for securities business for less

than thirty (30) business days in any one calendar year, provided the broker-dealer complies with

the provisions of subsections (f)(2)(i) through (ix) above;

     (4) Any office of convenience, where associated person(s) occasionally and exclusively by

appointment meet with customers, which is not held out to the public as an office;

     (5) Any location that is used primarily to engage in non-securities activities and from which

the associated person(s) effects no more than twenty-five (25) securities transactions in any one

calendar year; provided that any advertisement or sales literature identifying such location also sets

forth the address and telephone number of the location from which the associated person(s)

conducting business at the non-branch locations are directly supervised;

     (6) The floor of a registered national securities exchange where a broker-dealer conducts a

direct access business with public customers;

     (7) A temporary location established in response to the implementation of a business

continuity plan.

     (g) Notwithstanding the exclusions in subsection (f), any location that is responsible for

supervising the activities of persons associated with the broker-dealer at one or more non-branch

locations of the broker-dealer is considered to be a branch office.

     (h) The term "business day" as used in subsection (f) shall not include any partial business

day provided that the associated person spends at least four (4) hours on such business day at his

or her designated branch office during the hours that such office is normally open for business.

     (i) Where such office of convenience is located on bank premises, signage necessary to

comply with applicable federal and state laws, rules and regulations and applicable rules and

regulations of the New York Stock Exchange, other self-regulatory organizations, and securities

and banking regulators may be displayed and shall not be deemed "holding out" for purposes of

subsection (f)(4).

     (j) If an application is denied or withdrawn or the license is revoked, suspended, or

withdrawn, the director is not required to refund the fee paid.

     (k) The director may issue a stop order suspending the activities of a federal covered

adviser in this state if the director reasonably believes there has been a violation of the provisions

of this section.

     SECTION 4. Section 23-1-34 of the General Laws in Chapter 23-1 entitled “Department

of Health” is hereby amended to read as follows:

     23-1-34. Health promotion income.

     (a) The director shall maintain an accurate and timely accounting of money received from

the sale of health promotional products, services, or data created by the department of health. This

money shall be deposited as general revenue.

     (b) The director is authorized to establish reasonable fees for processing special data

analysis of health data. “Special data analysis” shall mean compiling and/or analyzing health-

related data in a manner not ordinarily kept in the course of business by the department of health

and not otherwise subject to the state’s access to public records act (APRA) in chapter 2, title 38 of

the general laws. Special data requests are subject to the following requirements:

     (1) Special data analysis requests shall include requests that require data analysis,

calculation, and interpretation. Requesters shall be notified in advance of costs for special data

analysis and shall be given an opportunity to not proceed.

     (2) In its sole discretion, nothing herein shall require the department of health to process a

request for special data analysis.

     (3) The fees collected for special data analysis shall be non-refundable, regardless of the

outcome of the special data analysis.

     (4) The director shall have the authority to waive fees at his or her sole discretion.

     (5) The final special data analysis shall be deemed to be public records in accordance with

APRA.

     (c) The process for requesting special data analysis and fees shall be established through

the promulgation of rules and regulations, which also shall prohibit charging Rhode Island state

agencies fees for special data analysis. All fees collected for special data analysis shall be deposited

as general revenues, with approximately 50% of such fees collected appropriated to the department

of health on an annual basis to be used to sustain its capacity to manage and sustain data systems

necessary to meet data requester needs in a timely manner.

     SECTION 5. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing

of Health Care Facilities” is hereby amended to read as follows:

     23-17-38.1. Hospitals – Licensing fee.

     (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon the

net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after

January 1, 2017, except that the license fee for all hospitals located in Washington County, Rhode

Island shall be discounted by thirty-seven percent (37%). The discount for Washington County

hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human

Services of a state plan amendment submitted by the executive office of health and human services

for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

licensing fee shall be administered and collected by the tax administrator, division of taxation

within the department of revenue, and all the administration, collection, and other provisions of

chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

on or before July 10, 2019, and payments shall be made by electronic transfer of monies to the

general treasurer and deposited to the general fund. Every hospital shall, on or before June 14,

2019, make a return to the tax administrator containing the correct computation of net patient-

services revenue for the hospital fiscal year ending September 30, 2017, and the licensing fee due

upon that amount. All returns shall be signed by the hospital's authorized representative, subject to

the pains and penalties of perjury.

     (b) (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon

the net patient-services revenue of every hospital for the hospital's first fiscal year ending on or

after January 1, 2018, except that the license fee for all hospitals located in Washington County,

Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington

County hospitals is subject to approval by the Secretary of the U.S. Department of Health and

Human Services of a state plan amendment submitted by the executive office of health and human

services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license

fee. This licensing fee shall be administered and collected by the tax administrator, division of

taxation within the department of revenue, and all the administration, collection, and other

provisions of Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax

administrator on or before July 13, 2020, and payments shall be made by electronic transfer of

monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before

June 15, 2020, make a return to the tax administrator containing the correct computation of net

patient- services revenue for the hospital fiscal year ending September 30, 2018, and the licensing

fee due upon that amount. All returns shall be signed by the hospital's authorized representative,

subject to the pains and penalties of perjury.

     (c) (b) There is also imposed a hospital licensing fee for state fiscal year 2021 against each

hospital in the state. The hospital licensing fee is equal to five six percent (5.0%)(6.0%) of the net

patient-services revenue of every hospital for the hospital's first fiscal year ending on or after

January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode

Island shall be discounted by thirty-seven percent (37%). The discount for Washington County

hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human

Services of a state plan amendment submitted by the executive office of health and human services

for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

licensing fee shall be administered and collected by the tax administrator, division of taxation

within the department of revenue, and all the administration, collection, and other provisions of

Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the

general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,

2020, make a return to the tax administrator containing the correct computation of net patient-

services revenue for the hospital fiscal year ending September 30, 2018, and the licensing fee due

upon that amount. All returns shall be signed by the hospital's authorized representative, subject to

the pains and penalties of perjury.

     (d) (c) There is also imposed a hospital licensing fee for state fiscal year 2022 against each

hospital in the state. The hospital licensing fee is equal to six percent (6.0%) of the net patient-

services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,

2020, except that the license fee for all hospitals located in Washington County, Rhode Island shall

be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is

subject to approval by the Secretary of the U.S. Department of Health and Human Services of a

state plan amendment submitted by the executive office of health and human services for the

purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

licensing fee shall be administered and collected by the tax administrator, division of taxation

within the department of revenue, and all the administration, collection, and other provisions of

Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

on or before July 13, 2022, and payments shall be made by electronic transfer of monies to the

general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,

2022, make a return to the tax administrator containing the correct computation of net patient-

services revenue for the hospital fiscal year ending September 30, 2020, and the licensing fee due

upon that amount. All returns shall be signed by the hospital's authorized representative, subject to

the pains and penalties of perjury.

     (d) For purposes of this section the following words and phrases have the following

meanings:

     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital

conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient

and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,

disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid

managed care payment rates for a court-approved purchaser that acquires a hospital through

receivership, special mastership, or other similar state insolvency proceedings (which court-

approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly

negotiated rates between the court-approved purchaser and the health plan, and such rates shall be

effective as of the date that the court-approved purchaser and the health plan execute the initial

agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital

payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),

respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)

period as of July 1 following the completion of the first full year of the court-approved purchaser's

initial Medicaid managed care contract.

     (2) "Gross patient-services revenue" means the gross revenue related to patient care

services.

     (3) "Net patient-services revenue" means the charges related to patient care services less

(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

     (e) The tax administrator shall make and promulgate any rules, regulations, and procedures

not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper

administration of this section and to carry out the provisions, policy, and purposes of this section.

     (f) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined herein

that are duly licensed on July 1, 2019 2020, and shall be in addition to the inspection fee imposed

by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.

     (g) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined

herein that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee

imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this

section.

     SECTION 6. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled "User

fees at state beaches, parks, and recreation areas” is hereby amended to read as follows:

     42-17.1-9.1. User fees at state beaches, parks, and recreation areas.

     (a) The department of environmental management in pursuance of its administrative duties

and responsibilities may charge a user fee for any state beach, or recreational area under its

jurisdiction, and fees for the use of its services or facilities.

     (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle parking

or other appropriate means. The fees may recognize the contribution of Rhode Island taxpayers to

support the facilities in relation to other users of the state's facilities. The fee structure may

acknowledge the need to provide for all people, regardless of circumstances.

     (c) An additional fee for camping and other special uses may be charged where appropriate.

Rates so charged should be comparable to equivalent commercial facilities.

     (d) All such fees shall be established after a public hearing.

     (e) All daily fees from beach parking, which shall also include fees charged and collected

at Ninigret conservation area and Charlestown breachway, shall be shared with the municipality in

which the facility is located on the basis of seventy-three percent (73%) retained by the state and

twenty-seven percent (27%) remitted to the municipality; provided, further, from July 1, 2016, until

October 1, 2021, the beach fees charged and collected under this subsection shall be equal to those

in effect on June 30, 2011.

     (1) Notwithstanding subsection (e), effective July 1, 2021, the fees charged and collected

for facilities located in the town of Westerly may exceed those in effect on June 30, 2011, in an

amount to be reasonably determined by the department of environmental management.

     (f) Fifty percent (50%) of all user and concession fees received by the state shall be

deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and

concession fees to be received by the state shall be sixty-five percent (65%); for the year beginning

July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and all years

thereafter, one hundred percent (100%). The general revenue monies appropriated are hereby

specifically dedicated to meeting the costs of development, renovation of, and acquisition of state-

owned recreation areas and for regular maintenance, repair and operation of state owned recreation

areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed four hundred

thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or any other

provision of the general laws, the director of the department of environmental management is

hereby authorized to accept any grant, devise, bequest, donation, gift, or assignment of money,

bonds, or other valuable securities for deposit in the same manner as provided above for user and

concession fees retained by the state.

     (g) No fee shall be charged to any school or other nonprofit organization provided that a

representative of the school or other organization gives written notice of the date and time of their

arrival to the facility.

     SECTION 7. Sections 44-19-1 and 44-19-2 of the General Laws in Chapter 44-19 entitled

“Sales and Use Taxes – Enforcement and Collection” are hereby amended to read as follows:

     44-19-1. Annual permit required – Retail business subject to sales tax – Promotion of

shows – Revocation of show permit.

     (a)(1) Every person desiring to engage in or conduct within this state a business of making

sales at retail, or engage in a business of renting living quarters in any hotel, rooming house, or

tourist camp, the gross receipts from which sales or rental charges are required to be included in

the measure of the tax imposed under chapter 18 of this title, shall file with the tax administrator

an application for a permit for each place of business. The application shall be in a form, include

information, and bear any signatures that the tax administrator may require. At the time of making

an application, the applicant shall pay to the tax administrator a permit fee of ten dollars ($10.00)

for each permit.  There shall be no fee for this permit. Every permit issued under this chapter expires

on June 30 of each year at the times prescribed by the tax administrator.

     (2) Every permit holder shall annually, on or before February 1 on forms prescribed and at

the times prescribed by the tax administrator of each year, renew its permit by filing an application

for renewal along with a ten dollars ($10.00) renewal fee. The renewal permit is valid for the period

July 1 of that calendar year through June 30 of the subsequent calendar year unless otherwise

canceled, suspended or revoked. All fees received under this section are allocated to the tax

administrator for enforcement and collection of all taxes.

     (b)(1) Every promoter of a show shall, at least ten (10) days prior to the opening of each

show, file with the tax administrator a notice stating the location and dates of the show, in a form

prescribed by the tax administrator.

     (2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to

the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5)

of this subsection have been applied to the promoter. No promoter may operate a show without

obtaining the permit. The permit shall be prominently displayed at the main entrance of the show.

     (3) Any promoter who is a retailer shall comply with all of the provisions of this chapter

and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to

promoters.

     (4) A promoter may not permit any person to display or sell tangible personal property,

services, or food and drink at a show unless that person is registered under subsection (a) of this

section and displays his or her permit in accordance with the provisions of subsection (a) of this

section.

     (5) Any promoter who permits any person to display or sell tangible personal property,

services, or food and drink at a show who is not registered, or does not display a permit, or fails to

keep a record or file a monthly report of the name, address and permit number of every person

whom the promoter permitted to sell or display tangible personal property, services, or food and

drink at a show, is subject to revocation of all existing permits issued pursuant to this section to

operate a show, and to the denial of a permit to operate any show for a period of not more than two

(2) years, in addition to the provisions of § 44-19-31.

     44-19-2. Issuance of permit – Assignment prohibited – Display – Fee for renewal after

suspension or revocation.

     Upon receipt of the required application and permit fee, the tax administrator shall issue to

the applicant a separate permit for each place of business within the state. If the applicant, at the

time of making the application, owes any tax, penalty, or interest imposed under chapters 18 and

19 of this title, then before a permit is issued the applicant shall pay the amount owed. A permit is

not assignable and is valid only for the person in whose name it is issued and for the transaction of

business at the place designated in the permit. The permit shall at all times be conspicuously

displayed at the place for which issued. A retailer whose permit has been previously suspended or

revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance

of a permit.

     SECTION 8. Sections 46-23-7.1, 46-23-7.3, and 46-23-7.4 of the General Laws in

Chapter 46-23 of entitled “Coastal Resources Management Council” are hereby amended to read

as follows:

       46-23-7.1  Administrative penalties.

     Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to

§ 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative

penalty by the chairperson or executive director in accordance with the following:

     (1) The chairperson or executive director is authorized to assess an administrative penalty

of not more than two thousand five hundred dollars ($2,500) ten thousand dollars ($10,000) for

each violation of this section, and is authorized to assess additional penalties of not more than five

hundred dollars ($500) one thousand ($1,000) for each day during which this violation continues

after receipt of a cease and desist order from the council pursuant to § 46-23-7(a), but in no event

shall the penalties in an aggregate equal or exceed ten thousand dollars ($10,000) fifty thousand

dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner

or person committing the violation shall be notified by certified mail or personal service that a

penalty is being assessed. The notice shall include a reference to the section of the law, rule,

regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to

constitute the violation; a statement of the amount of the administrative penalty assessed; and a

statement of the party's right to an administrative hearing.

     (2) The party shall have twenty-one (21) days from receipt of the notice within which to

deliver to the council a written request for a hearing. This request shall specify in detail the

statements contested by the party. The executive director shall designate a person to act as hearing

officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the

council shall issue a final order assessing the penalty specified in the notice. The penalty is due

when the final order is issued. If the party shall request a hearing, any additional daily penalty shall

not commence to accrue until the council issues a final order.

      (3) If a violation is found to have occurred, the council may issue a final order assessing

not more than the amount of the penalty specified in the notice. The penalty is due when the final

order is issued.

      (4) The party may within thirty (30) days appeal the final order, of fine assessed by the

council to the superior court which shall hear the assessment of the fine de novo.

     46-23-7.3  Criminal penalties.

     Any person who knowingly violates any provision of this chapter, the coastal resources

management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor,

and, upon conviction thereof shall be fined not more than five hundred dollars ($500) one thousand

dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the

violation is continued or repeated shall be deemed a separate offense.

     46-23-7.4  Penalty for blocking or posting of rights-of-way.

     Any person who shall post or block any tidal water, public right-of-way, as designated by

the council, shall be punished by a fine not exceeding five hundred dollars ($500) one thousand

dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the

posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson

of the council, through council's legal counsel or the attorney general, may apply to any court of

competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal

water, public right-of-way.

     SECTION 9. This article shall take effect July 1, 2021.