Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0807 Compare Versions

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

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5	5	2023 -- S 0807
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7	7	LC002539
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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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14	14	A N A C T
15	15	RELATING TO MOTOR AND OTHER VEHICLES - DEALERS', MANUFACTUR ERS', AND
16	16	RENTAL LICENSES
17	17	Introduced By: Senators Zurier, Picard, and F. Lombardi
18	18	Date Introduced: March 23, 2023
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 31-5-14 of the General Laws in Chapter 31-5 entitled "Dealers’, 1
24	24	Manufacturers’, and Rental Licenses" is hereby amended to read as follows: 2
25	25	31-5-14. Penalties for violations by dealers. Penalties and further relief for violations 3
26	26	by dealers. 4
27	27	(a) Upon the complaint of the department, any person violating any of the provisions of §§ 5
28	28	31-5-1 — 31-5-20, shall, upon conviction for the first offense, be punished by a fine of not less 6
29	29	than fifty dollars ($50.00) nor more than one hundred dollars ($100), or by imprisonment for not 7
30	30	less than ten (10) days nor more than thirty (30) days, or by both a fine and imprisonment. For a 8
31	31	second or subsequent conviction, that person shall be fined not less than one hundred dollars ($100) 9
32	32	nor more than one thousand dollars ($1,000), or by imprisonment for not less than thirty (30) days 10
33	33	nor more than six (6) months, or by both a fine and imprisonment. 11
34	34	(b) If the department shall have reason to believe that any person, firm, corporation, or 12
35	35	association is violating the provisions of this chapter, the department may issue its order to the 13
36	36	person, firm, corporation, or association commanding them to appear before the department, at a 14
37	37	hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of 15
38	38	the order, to show cause why the department should not issue an order to the person to cease and 16
39	39	desist from violating the provisions of this chapter. The order to show cause may be served on any 17
40	40	person, firm, corporation, or association named in it by any person in the same manner that a 18
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44	44	summons in a civil action may be served, or by mailing a copy of the order to the person at any 1
45	45	address at which he or she has done business or at which he or she lives. If at the hearing the 2
46	46	department shall be satisfied that the person is in fact violating any provision of this chapter, then 3
47	47	the department shall order the person in writing to cease and desist from the violation. All these 4
48	48	hearings shall be conducted in accordance with chapter 35 of title 42. If the person shall 5
49	49	subsequently fail to comply with the order of the department, the superior court for Providence 6
50	50	County shall have jurisdiction upon the complaint of the department to restrain and enjoin the 7
51	51	person from violating this chapter. 8
52	52	(c) In addition to the fines described in subsection (a) of this section, the department may 9
53	53	impose fines on holders of any license issued by the department pursuant to this chapter of not less 10
54	54	than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), for violations of any of the 11
55	55	provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39, or for violation of any rules or 12
56	56	regulations promulgated pursuant to § 31-5-2. 13
57	57	(d) In addition to the imposition of fines as described in subsection (a) and (c) of this 14
58	58	section, the department may order relief on holders of any license issued by the department pursuant 15
59	59	to this chapter to any customer or vehicle owner harmed by violations of any of the provisions of 16
60	60	§§ 31-5-1 — 31-5-20, and §§ 31-5-33 — 31-5-39, or for violation of any rules or regulations 17
61	61	promulgated pursuant to § 31-5-2, including, but not limited to: 18
62	62	(1) Restitution; 19
63	63	(2) Incidental and consequential damages; 20
64	64	(3) Exemplary damages not greater than twice the amount of restitution and awarded 21
65	65	damages; and 22
66	66	(4) Reasonable attorneys' fees. 23
67	67	SECTION 2. This act shall take effect upon passage. 24
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74	74	EXPLANATION
75	75	BY THE LEGISLATIVE COUNCIL
76	76	OF
77	77	A N A C T
78	78	RELATING TO MOTOR AND OTHER VEHICLES - DEALERS', MANUFACTUR ERS', AND
79	79	RENTAL LICENSES
80	80	***
81	81	This act would provide additional relief for customers harmed by violations committed by 1
82	82	motor vehicle dealers which relief would include restitution, incidental and consequential damages, 2
83	83	exemplary damages and reasonable attorneys' fees. 3
84	84	This act would take effect upon passage. 4
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