§ 1-2-1.1 Powers relating to vehiculartraffic accessing airport facilities – T.F. Green State Airport. –(a) The Rhode Island airport corporation is authorized:
(i) To impose charges on customers of rental companies, asdefined in § 31-34.1-1, who directly or indirectly use Warwick Station orthe T.F. Green State Airport, at the rates that the Rhode Island airportcorporation may deem necessary to provide adequate revenue to pay all costs ofconstructing, reconstructing, expanding, reconfiguring, operating, andmaintaining Warwick Station regardless of whether those charges may have ananticompetitive effect; and
(ii) To regulate the access of vehicular traffic to airportproperties including by excluding one or more classes of vehicular traffic fromaccessing portions of airport roadways, parking lots, curbsides and othervehicular facilities.
(2) Nothing in this section shall be construed to limit theauthority of Rhode Island airport corporation to impose other fees, charges,rates, or rentals including any other fees, charges, rates, or rentals imposedon rental companies or to adopt other regulations.
(b) All customer facility charges collected under theauthority of paragraph (a)(1)(i) of this section and all customer facilitycharges collected by any rental company from customers under color of thoseprovisions, or pursuant to regulations adopted by the airport corporation,constitute a trust fund for the airport corporation until paid. That trust isenforceable against: (1) the rental company; (2) any officer, agent, servant,or employee of any rental company responsible for either the collection orpayment, or both, of the customer facility charge; (3) any person receiving anypart of the fund without consideration, or knowing that the rental company orany officer, agent, servant, or employee of any rental company is committing abreach of trust; and (4) the estates, heirs, and representatives of persons orentities described in subdivisions (1) – (3) of this subsection; provided,that a customer to whom a refund has been properly made, or any person whoreceives payment of a lawful obligation of the rental company from that fund,is presumed to have received that amount in good faith and without anyknowledge of the breach of trust.
(c) If the airport corporation or any officer of thecorporation believes that the payment to the airport corporation of the trustfund established under subsection (b) of this section will be jeopardized bydelay, neglect, or misappropriation, the airport corporation or officer shallnotify the rental company that the trust fund shall be segregated, and keptseparate and apart from all other funds and assets of the rental company andshall not be commingled with any other funds or assets. The notice shall begiven by either hand delivery or by registered mail, return receipt requested.Within four (4) days after the sending of the notice, all of the customerfacility charges which thereafter either become collectible or are collectedshall be deposited daily in any financial institution in the state as definedin title 19 and those customer facility charges designated as a special fund intrust for the airport corporation and payable to the airport corporation by therental company as trustee of that fund.
(d) The penalty for misappropriations provided by §44-19-37 shall apply as though that section referred to "customer facilitycharge" in each place where it refers to "tax".
(e) The provisions of subsections (b), (c), and (d) of thissection are not exclusive, and are in addition to all other remedies which theairport corporation may employ in the enforcement and collection of customerfacility charges.
§ 1-2-1.1 Powers relating to vehiculartraffic accessing airport facilities – T.F. Green State Airport. –(a) The Rhode Island airport corporation is authorized:
(i) To impose charges on customers of rental companies, asdefined in § 31-34.1-1, who directly or indirectly use Warwick Station orthe T.F. Green State Airport, at the rates that the Rhode Island airportcorporation may deem necessary to provide adequate revenue to pay all costs ofconstructing, reconstructing, expanding, reconfiguring, operating, andmaintaining Warwick Station regardless of whether those charges may have ananticompetitive effect; and
(ii) To regulate the access of vehicular traffic to airportproperties including by excluding one or more classes of vehicular traffic fromaccessing portions of airport roadways, parking lots, curbsides and othervehicular facilities.
(2) Nothing in this section shall be construed to limit theauthority of Rhode Island airport corporation to impose other fees, charges,rates, or rentals including any other fees, charges, rates, or rentals imposedon rental companies or to adopt other regulations.
(b) All customer facility charges collected under theauthority of paragraph (a)(1)(i) of this section and all customer facilitycharges collected by any rental company from customers under color of thoseprovisions, or pursuant to regulations adopted by the airport corporation,constitute a trust fund for the airport corporation until paid. That trust isenforceable against: (1) the rental company; (2) any officer, agent, servant,or employee of any rental company responsible for either the collection orpayment, or both, of the customer facility charge; (3) any person receiving anypart of the fund without consideration, or knowing that the rental company orany officer, agent, servant, or employee of any rental company is committing abreach of trust; and (4) the estates, heirs, and representatives of persons orentities described in subdivisions (1) – (3) of this subsection; provided,that a customer to whom a refund has been properly made, or any person whoreceives payment of a lawful obligation of the rental company from that fund,is presumed to have received that amount in good faith and without anyknowledge of the breach of trust.
(c) If the airport corporation or any officer of thecorporation believes that the payment to the airport corporation of the trustfund established under subsection (b) of this section will be jeopardized bydelay, neglect, or misappropriation, the airport corporation or officer shallnotify the rental company that the trust fund shall be segregated, and keptseparate and apart from all other funds and assets of the rental company andshall not be commingled with any other funds or assets. The notice shall begiven by either hand delivery or by registered mail, return receipt requested.Within four (4) days after the sending of the notice, all of the customerfacility charges which thereafter either become collectible or are collectedshall be deposited daily in any financial institution in the state as definedin title 19 and those customer facility charges designated as a special fund intrust for the airport corporation and payable to the airport corporation by therental company as trustee of that fund.
(d) The penalty for misappropriations provided by §44-19-37 shall apply as though that section referred to "customer facilitycharge" in each place where it refers to "tax".
(e) The provisions of subsections (b), (c), and (d) of thissection are not exclusive, and are in addition to all other remedies which theairport corporation may employ in the enforcement and collection of customerfacility charges.
§ 1-2-1.1 Powers relating to vehiculartraffic accessing airport facilities – T.F. Green State Airport. –(a) The Rhode Island airport corporation is authorized:
(i) To impose charges on customers of rental companies, asdefined in § 31-34.1-1, who directly or indirectly use Warwick Station orthe T.F. Green State Airport, at the rates that the Rhode Island airportcorporation may deem necessary to provide adequate revenue to pay all costs ofconstructing, reconstructing, expanding, reconfiguring, operating, andmaintaining Warwick Station regardless of whether those charges may have ananticompetitive effect; and
(ii) To regulate the access of vehicular traffic to airportproperties including by excluding one or more classes of vehicular traffic fromaccessing portions of airport roadways, parking lots, curbsides and othervehicular facilities.
(2) Nothing in this section shall be construed to limit theauthority of Rhode Island airport corporation to impose other fees, charges,rates, or rentals including any other fees, charges, rates, or rentals imposedon rental companies or to adopt other regulations.
(b) All customer facility charges collected under theauthority of paragraph (a)(1)(i) of this section and all customer facilitycharges collected by any rental company from customers under color of thoseprovisions, or pursuant to regulations adopted by the airport corporation,constitute a trust fund for the airport corporation until paid. That trust isenforceable against: (1) the rental company; (2) any officer, agent, servant,or employee of any rental company responsible for either the collection orpayment, or both, of the customer facility charge; (3) any person receiving anypart of the fund without consideration, or knowing that the rental company orany officer, agent, servant, or employee of any rental company is committing abreach of trust; and (4) the estates, heirs, and representatives of persons orentities described in subdivisions (1) – (3) of this subsection; provided,that a customer to whom a refund has been properly made, or any person whoreceives payment of a lawful obligation of the rental company from that fund,is presumed to have received that amount in good faith and without anyknowledge of the breach of trust.
(c) If the airport corporation or any officer of thecorporation believes that the payment to the airport corporation of the trustfund established under subsection (b) of this section will be jeopardized bydelay, neglect, or misappropriation, the airport corporation or officer shallnotify the rental company that the trust fund shall be segregated, and keptseparate and apart from all other funds and assets of the rental company andshall not be commingled with any other funds or assets. The notice shall begiven by either hand delivery or by registered mail, return receipt requested.Within four (4) days after the sending of the notice, all of the customerfacility charges which thereafter either become collectible or are collectedshall be deposited daily in any financial institution in the state as definedin title 19 and those customer facility charges designated as a special fund intrust for the airport corporation and payable to the airport corporation by therental company as trustee of that fund.
(d) The penalty for misappropriations provided by §44-19-37 shall apply as though that section referred to "customer facilitycharge" in each place where it refers to "tax".
(e) The provisions of subsections (b), (c), and (d) of thissection are not exclusive, and are in addition to all other remedies which theairport corporation may employ in the enforcement and collection of customerfacility charges.
