Rhode Island 2023 Regular Session

Rhode Island House Bill H5364 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5364
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7	7	LC000685
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- PUBLIC UTILITIES
16	16	Introduced By: Representatives Fogarty, Kazarian, Carson, Tanzi, Hull, Caldwell, and
17	17	Handy
18	18	Date Introduced: February 03, 2023
19	19	Referred To: House Judiciary
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 11-35-4 of the General Laws in Chapter 11-35 entitled "Public 1
24	24	Utilities" is hereby amended to read as follows: 2
25	25	11-35-4. Injuries to electric or communication lines. 3
26	26	(a) Every person who shall wantonly or willfully and maliciously cut, destroy, break down, 4
27	27	or injure, or attempt to cut, destroy, break down, or injure any machine, appliance, or apparatus 5
28	28	used for generating electric currents or any electric wire or other appliance or apparatus used for 6
29	29	the purpose of conducting or transmitting electric currents for using and furnishing power, motive 7
30	30	power, light, or heat, or used for the purpose of transmitting intelligence by means of telegraphic 8
31	31	or telephonic apparatus or cellular tower or radio waves or by means of fire-alarm signals, burglar-9
32	32	alarm signals, police signals, railway signals, or other apparatus or appliance for the transmission 10
33	33	of intelligence, or shall cut, destroy, break down, or injure or shall attempt to cut, destroy, break 11
34	34	down, or injure any pole, bracket, insulator or other device, apparatus, or appliance for supporting 12
35	35	or carrying any electric wire, or shall do any other act interrupting or intended to interrupt the 13
36	36	transmission of the electric current over any electric wire through the manual or electronic 14
37	37	operation of a switching mechanism or by other means, shall be liable to indictment for it, and upon 15
38	38	conviction shall be required to make restitution, and fined not exceeding three thousand dollars 16
39	39	($3,000) fifty thousand dollars ($50,000) or imprisoned not exceeding two (2) years ten (10) years, 17
40	40	or both; provided, that nothing in this section shall be construed to authorize or permit the 18
41	41	attachment, erection, use, operation, or maintenance of any electric wire, apparatus, pole, bracket, 19
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45	45	insulator, or other device or appliance, upon the property of any person or corporation, without the 1
46	46	consent of the owner or owners; nor to prevent any properly authorized person from removing any 2
47	47	electric wire, apparatus, pole, bracket, insulator, or other device or appliance for the purpose of 3
48	48	permitting the passage of any building or structure, the moving of which has been duly authorized 4
49	49	by any city or town council. 5
50	50	(b) Restitution, in addition to the cost for restoring operations, shall be owed to any third 6
51	51	party who suffered economic harm as a result of the injuries to the electric and communication 7
52	52	lines as provided for in this section. 8
53	53	SECTION 2. Section 46-13-16 of the General Laws in Chapter 46-13 entitled "Public 9
54	54	Drinking Water Supply" is hereby amended to read as follows: 10
55	55	46-13-16. Penalties and remedies. 11
56	56	(a) It shall be the duty of any person to proceed diligently to comply with any order issued 12
57	57	pursuant to this chapter. If that person fails to proceed diligently or fails to comply with the order 13
58	58	within such time, if any, as may be specified, the order may be enforced by the superior court, upon 14
59	59	application made by the director. 15
60	60	(b) Any person who willfully or negligently violates any provision of this chapter, any rule 16
61	61	or regulation or order of the director, or any condition of any permit issued pursuant to the chapter 17
62	62	is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five 18
63	63	hundred dollars ($500) for each separate offense, or to imprisonment for a period of not more than 19
64	64	one year, or both. 20
65	65	(c) In addition to proceeding under any other remedy available at law or in equity for a 21
66	66	violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any 22
67	67	term or condition of any permit issued pursuant to this chapter, the relevant director may assess a 23
68	68	civil penalty upon a person for the violation. The penalty may be assessed whether or not the 24
69	69	violation was willful or negligent. When the director assesses a civil penalty, he or she shall inform 25
70	70	the person of the amount of the penalty. The person charged with the penalty shall then have thirty 26
71	71	(30) days to pay the penalty in full or, if the person wishes to contest either the amount of the 27
72	72	penalty or the fact of the violation, the person shall within the thirty (30) day period, file an appeal 28
73	73	of the action with the director. Failure to appeal within thirty (30) days shall result in a waiver of 29
74	74	all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty 30
75	75	which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each 31
76	76	violation. Each violation for each separate day and each violation of any provision of this chapter, 32
77	77	any rule or regulation under this chapter, any order of the director, or any term or condition of a 33
78	78	permit shall constitute a separate and distinct offense under this section. 34
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82	82	(d) The penalties and remedies prescribed by this chapter shall be deemed concurrent and 1
83	83	the existence of or exercise of any remedy shall not prevent the director from exercising any other 2
84	84	remedy hereunder. 3
85	85	(e) Violations on separate days shall constitute separate offenses for purposes of this 4
86	86	chapter. 5
87	87	(f) Any person who endangers the health of persons by knowingly introducing any 6
88	88	contaminant into a public water supply system or tampering with a public water supply system 7
89	89	shall be required to make restitution, and shall be fined not more than fifty thousand dollars 8
90	90	($50,000), or imprisoned for not more than five (5) ten (10) years, or both. 9
91	91	(g) Any person who attempts to endanger or makes a threat to endanger the health of 10
92	92	persons by knowingly introducing any contaminant into a public water supply system or tampering 11
93	93	with a public water supply system shall be required to make restitution, and fined not more than 12
94	94	twenty thousand dollars ($20,000), or imprisoned for not more than three (3) ten (10) years, or both. 13
95	95	(h) The director may bring a civil action in the superior court against any person who 14
96	96	endangers, attempts to endanger, or makes a threat to endanger the health of persons, or otherwise 15
97	97	renders the water unfit for human consumption, by the introduction of any contaminant into a public 16
98	98	water supply system or tampering with a public water supply system. The court may impose on the 17
99	99	person a civil penalty of not more than fifty thousand dollars ($50,000) for each day that the 18
100	100	endangerment or inability to consume the water exists. 19
101	101	(i) All fines and penalties collected under the penalty provisions of this chapter and all fees 20
102	102	shall be deposited as general revenues. 21
103	103	(j) Restitution, in addition to the cost for restoring operations, shall be owed to any third 22
104	104	party who suffered economic harm as a result of the introduction or threatened introduction of a 23
105	105	contaminant as provided for in this section. 24
106	106	SECTION 3. This act shall take effect upon passage. 25
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113	113	EXPLANATION
114	114	BY THE LEGISLATIVE COUNCIL
115	115	OF
116	116	A N A C T
117	117	RELATING TO CRIMINAL OFFENSES -- PUBLIC UTILITIES
118	118	***
119	119	This act would increase penalties for damages to electric and cellular communication lines 1
120	120	from three thousand dollars ($3,000) to fifty thousand dollars ($50,000); imprisonment from two 2
121	121	(2) years to ten (10) years, or both and would require restitution for economic harm. This act would 3
122	122	further increase penalties for damage resulting from contamination of public water supply systems 4
123	123	for imprisonment from five (5) to ten (10) years and require restitution for economic harm. 5
124	124	This act would take effect upon passage. 6
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