2021 -- S 0190 SUBSTITUTE A

========

LC000849/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSE -- SAFE

ROADS AND MANDATORY INSURANCE

     Introduced By: Senators Ciccone, Cano, Acosta, Valverde, Anderson, Calkin, Goodwin,
Mendes, Murray, and Bell

     Date Introduced: February 05, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

is hereby amended by adding thereto the following chapter:

CHAPTER 10.4

DRIVER PRIVILEGE CARDS AND PERMITS

     31-10.4-1. Driver privilege cards and permits.

     (a) Upon application of any person who otherwise meets the requirements of chapter 10 of

this title except is unable to establish legal presence in the United States, the division of motor

vehicles is authorized to issue a driver privilege card and/or driver privilege permit to any applicant

if the division of motor vehicles determines that the applicant:

     (1) Has reported income and deductions from Rhode Island sources or been claimed as a

dependent on an individual income tax return filed with the state in the preceding twelve (12)

months; and

     (2) Is not in violation of the insurance requirements set forth in chapters 31 and 32 of this

title.

     31-10.4-2. Issuance of driver privilege cards and permits.

     (a) Driver privilege cards and permits shall confer the same privileges and shall be subject

to the same provisions of this title as driver's licenses and permits issued under chapter 10 of this

title, unless otherwise provided, and shall be subject to the following conditions and exceptions:

     (1) The front of a driver privilege card or permit shall be identical in appearance to a driver's

license or permit that is not a REAL ID credential and the back of the card or permit shall be

identical in appearance to the restriction on the back of a limited-duration license, permit, or special

identification card;

     (2) An applicant for a driver privilege card or permit shall not be required to present proof

of legal presence in the United States;

     (3) A driver privilege card or permit shall expire on the applicant's second birthday

following the date of issuance;

     (4) The fee for an original driver privilege card or permit shall be fifty dollars ($50.00).

The division of motor vehicles may issue, upon application by the holder of a valid, unexpired card

or permit issued under this section, and upon payment of a fee of fifty dollars ($50.00), another

driver privilege card or permit that shall be valid for a period of two (2) years from the date of

issuance. No applicant shall be required to provide proof of compliance with § 31-10.4-1 for a

reissued, renewed, or duplicate card or permit; and

     (5) Any information collected pursuant to this section that is not otherwise collected by the

division of motor vehicles or required for the issuance of any other driving credential issued

pursuant to the provisions of this chapter and any information regarding restrictions in the division

of motor vehicles' records related to the issuance of a credential issued pursuant to this section shall

not be considered a public record. The information shall not be released except upon request by the

subject of the information, the parent of a minor who is the subject of the information, the guardian

of the subject of the information, or the authorized representative of the subject of the information,

or pursuant to a court order.

     (b) Applicants for a driving privilege card will not be required to comply with successful

completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if

they can provide one of the following:

     (1) A current valid driver's license issued by a state or U.S. territory, not to include driving

privilege cards or licenses or similar privileges given by other states; or

     (2) In the event the driver's license issued by another state or U.S. territory has expired by

less than one year, a certified driving record issued less than thirty (30) days prior to application

will be accepted.

     (c) Applicants under the age of eighteen (18) shall be required to comply with all of the

education and testing requirements set forth in §§ 31-10-19 through 31-10-22 and all of the

provisions of the graduated licenses statutes set forth in §§ 31-10-6 through 31-10-6.5.

     (d) Applicants eighteen (18) years of age and older who do not meet the driving experience

LC000849/SUB A - Page 2 of 9

requirement in § 31-10-49(b) shall be required to comply with all testing requirements set forth in

§§ 31-10-21 through 31-10-22.

     (e) For purposes of this title, the term "license" shall include the "driving privilege card"

and "permit" shall include "driving privilege permit" as defined by this section and all

examinations, education requirements, residency requirements, penalties, fees and all other

provisions for a license or permit shall also apply to the driving privilege card and driving privilege

permit.

     (f) The driving privilege card and the driving privilege permit shall not be a valid form of

identification for federal purposes or state voting purposes.

     (g) The applicant for a driving privilege card and the driving privilege permit shall be

required to comply with all other applicable Rhode Island laws and applicable rules and regulations.

     (h) A driving privilege card or a driving privilege permit shall not be used as evidence of

the holder's citizenship or immigration status, and shall not be used as a basis for a criminal

investigation, arrest or detention in circumstances where a person with a regular driver's license

that was not issued under this section would be criminally investigated, arrested or detained.

Provided further, any person aggrieved by a violation of this section may seek appropriate

declaratory and/or injunctive relief and may be awarded damages and costs, including attorneys'

fees.

     (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual

solely on the ground that they hold or present a driving privilege card or driving privilege permit

issued under this section.

     31-10.4-3. Confidentiality of documents -- Privacy.

     (a) The division of motor vehicles shall not release the following information relating to

the issuance of a driver privilege card or permit, except upon request by the subject of the

information, the parent of a minor who is the subject of the information, the guardian of the subject

of the information, or the authorized representative of the subject of the information, or pursuant to

a court order:

     (1) Proof documents submitted for the purpose of obtaining a driver privilege card or

permit;

     (2) The information in the division of motor vehicles' records indicating the type of proof

documentation that was provided; or

     (3) Applications.

     (b) The division of motor vehicles shall release to any federal, state, or local governmental

entity, local government group self-insurance pool, law-enforcement officer, attorney for the state,

LC000849/SUB A - Page 3 of 9

or court, or the authorized agent of any of the foregoing, information related to the issuance of a

driver privilege card or permit, the release of which is not otherwise prohibited by this section, that

is required for a requester to carry out the requester's official functions if the requester provides the

individual's name and other sufficient identifying information contained on the individual's record.

If the requester has entered into an agreement with the division of motor vehicles, such agreement

shall be in a manner prescribed by the division of motor vehicles and such agreement shall contain

the legal authority that authorizes the performance of the requester's official functions and a

description of how the information will be used to carry out those official functions.

     (c) If the administrator of the division of motor vehicles determines that sufficient authority

has not been provided by the requester to show that the purpose for which the information shall be

used is one of the requester's official functions, the administrator shall refuse to enter into any

agreement. If the requester submits a request for information in accordance with this section

without an existing agreement to receive the information, such request shall be in a manner

prescribed by the division and such request shall contain the legal authority that authorizes the

performance of the requester's official functions and a description of how the information will be

used to carry out the official functions.

     (d) If the administrator of the division of motor vehicles determines that sufficient authority

has not been provided by the requester to show that the purpose for which the information shall be

used is one of the requester's official functions, the administrator shall deny the request.

     31-10.4-4. Rules and regulations.

     The administrator of the division of motor vehicles shall promulgate rules and regulations

to implement the provisions of this chapter.

     SECTION 2. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled

"Regulation of Sales" are hereby amended to read as follows:

     3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification

cards for persons twenty-one and older.

     (a) It is unlawful for:

     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having

served or delivered to him or her alcoholic beverages; or

     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

LC000849/SUB A - Page 4 of 9

to misrepresent his or her age through the presentation of any of the following documents:

     (i) An armed service identification card, valid passport, the identification card license, or

any other documentation used for identification purposes that may belong to any other person who

is twenty-one (21) years or older;

     (ii) A motor vehicle operator's license or a driver privilege card issued pursuant to § 31-

10.4-2 that bears the date of birth of the licensee and that is issued by this state or any other state;

     (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of

inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic

beverage to a minor.

     (b)(1) The administrator of the division of motor vehicles shall issue to any person who

has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment

of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal

certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or

refugee document issued by the United States Citizenship and Immigration Services, including, but

not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a

form evidencing that the applicant is a current or past recipient of a grant of deferred action under

the Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature.

     (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay

the fee.

     (3) Each registration card shall be subject to renewal every five (5) years upon payment of

a fee of twenty-five dollars ($25).

     (4) No person who holds an operator's license or a driver privilege card issued by this state

or any other state shall be issued a Rhode Island identification card.

     (5) The identification card shall be signed by the administrator of the division of motor

vehicles and by the applicant and his or her picture shall appear on the card along with the required

information and the card shall be encased in laminated plastic. The card shall be two inches (2") in

height and four inches (4") in length and shall be printed in the following form:

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

LC000849/SUB A - Page 5 of 9

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (6) The identification cards shall be produced at the adult correctional institutions if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards

shall be manufactured by the lowest responsible bidder following advertisement for the solicitation

of bids.

     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

§ 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (8) Any person who has been designated as permanently and totally disabled by the social

security administration or who upon certification by an optometrist, ophthalmologist, or physician

that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

request, a Rhode Island identification card for the unexpired term of the person's motor vehicle

operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the

standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty-

ninth (59th) birthday.

     (9) The administrator of the division of motor vehicles shall, upon presentation of a United

States Department of Defense (DD) FORM 214 or other acceptable documentation of military

service and verification of an honorable discharge, issue an identification card to the presenter that

is clearly marked "veteran," at no additional cost.

     (c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

photographic reproduction equipment that provides the same information as required by the book.

That licensee or the licensee's employee shall require any person who has shown a document as set

forth in this section substantiating his or her age to sign that book or to permit the taking of his or

her photograph and indicate what document was presented. Use of the photographic reproduction

equipment is voluntary for every Class A, B, C and D licensee.

LC000849/SUB A - Page 6 of 9

     (2) The sign-in-as-minor book and photographic reproduction equipment shall be

prescribed, published, and approved at the direction and control of the division. The book shall

contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be

distributed at a cost not to exceed seven dollars ($7.00).

     (3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph

taken before he or she is sold any alcoholic beverage and it is later determined that the person had

not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie

evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling any

alcoholic beverage to the person producing the document as set forth in this section misrepresenting

his or her age.

     (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of

the licensee and/or the licensee's agent or servant for an alleged violation of this section.

     (d)(1) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and shall be further

punished by a suspension of his or her motor vehicle operator's license or driving privileges for a

period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred

dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by

forty (40) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of three (3) months; and for the

third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred

fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by

fifty (50) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of one year.

     (2) Any suspension of an operator's license or driving privilege pursuant to this section

shall not operate to affect the insurance rating of the offender and any operator's license or driving

privilege suspended pursuant to this section shall be reinstated without further expense upon

application.

     (e) Within thirty (30) days after this incident the police chief of the city or town where the

incident took place is directed to inform, in writing, the department of business regulation whether

or not charges in accordance with this section have been preferred against a person who has not

reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought

against any person who has not reached his or her twenty-first (21st) birthday and has violated the

provisions of this section, then the police chief of the city or town where the incident took place

LC000849/SUB A - Page 7 of 9

will state the reason for his or her failure to charge the person who has not reached his or her twenty-

first (21st) birthday.

     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

the discretion of the administrator of the division of motor vehicles. The administrator of the

division of motor vehicles shall keep a record of the cards issued and each card shall contain an

identification number specifically assigned to the person to whom the card was issued.

     (g) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.

     3-8-6.1. Identification cards for persons under the age of 21.

     (a)(1) The administrator of the division of motor vehicles shall issue to any person upon

request, who is under twenty-one (21) years of age, an identification card upon payment of a fee of

twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or

U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee

document issued by the United States Citizenship and Immigration Services including, but not

limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form

evidencing that the applicant is a current or past recipient of a grant of deferred action under the

Deferred Action for Childhood Arrivals program, together with a document bearing the applicant's

signature. No person who holds an operator's license or a driving privilege card, issued by this state

or any other state, shall be issued an identification card.

     (2) The identification card shall be subject to renewal every five (5) years upon the payment

of a fee of twenty-five dollars ($25.00).

     (3) The identification card shall be signed by the administrator of the division of motor

vehicles and also by the applicant, and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two inches

(2") in height and four inches (4") in length and shall be printed in the following form:

IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

LC000849/SUB A - Page 8 of 9

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (4) The identification cards shall be produced at the adult correctional institution if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards

shall be manufactured by the lowest responsible bidder following advertisement for the solicitation

of bids.

     (5) The identification cards shall be clearly distinguishable from those issued pursuant to

§ 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (b) The identification card may be withdrawn at any time for just cause, at the discretion

of the administrator of the division of motor vehicles. The administrator of the division of motor

vehicles shall keep a record of the cards issued and each card shall contain an identification number

specifically assigned to the person to whom the card was issued.

     (c) The administrator of the division of motor vehicles shall, upon presentation of a United

States Department of Defense (DD) FORM 214 or other acceptable documentation of military

service and verification of an honorable discharge, issue an identification card to the presenter that

is clearly marked "veteran," at no additional cost.

     (d) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.

     SECTION 3. This act shall take effect on January 1, 2022.

========

LC000849/SUB A

========

LC000849/SUB A - Page 9 of 9

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSE -- SAFE

ROADS AND MANDATORY INSURANCE

***

     This act would allow the division of motor vehicles to issue driving privilege cards and

driving privilege permits to applicants unable to establish lawful presence in the United States. The

driving privilege cards and driving privilege permits would not be valid for identification purposes.

     This act would take effect on January 1, 2022.

========

LC000849/SUB A

========

LC000849/SUB A - Page 10 of 9