2021 -- S 0190 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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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,

     Date Introduced: February 05, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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is hereby amended by adding thereto the following chapter:

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CHAPTER 10.4

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DRIVER PRIVILEGE CARDS AND PERMITS

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

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

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

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

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if the division of motor vehicles determines that the applicant:

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

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

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months; and

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

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title.

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

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

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

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

 

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     (1) The front and back of a driver privilege card or permit shall be identical in appearance

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to a driver's license or permit that is not a REAL ID credential;

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

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of legal presence in the United States or proof of a social security number if the individual does not

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have one;

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

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following the date of issuance;

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

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

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

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

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

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reissued, renewed, or duplicate card or permit; and

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

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

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

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

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

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

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

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or pursuant to a court order.

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

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

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they can provide one of the following:

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

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

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

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

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will be accepted.

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

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

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

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

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

 

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§§ 31-10-21 through 31-10-22.

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

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

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

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

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permit.

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

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identification for federal purposes or state voting purposes.

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

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

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

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

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

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

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

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

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fees.

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

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

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issued under this section.

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

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

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

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

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

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a court order:

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

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permit;

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

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documentation that was provided; or

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     (3) Applications.

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     (b) Notwithstanding any other law to the contrary, any document, including photo images,

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provided by the applicant to the division of motor vehicles for purposes of proving the applicant's

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eligibility for a non-commercial driver's license or permit or for renewal of such license or permit

 

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under this section is not a public record and may not be disclosed by the division except to the

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person who is the subject of such records or in response to a subpoena for individual records in a

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criminal proceeding or pursuant to a lawful court order.

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     (c) The division, and any agent or employee of the division, shall not disclose or make

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accessible in any manner, records or information that he or she obtains or maintains under this

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section, including photo images, to any federal, state or municipal agency or to any employee or

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agent of such agency for the purpose of enforcing immigration law unless the division is presented

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with a lawful court order or judicial warrant signed by a judge appointed pursuant to article III of

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the United States constitution.

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     (1) Upon receiving a request for such records or information, the division shall, no later

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than three (3) days after such request, notify the individual about whom such information was

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requested, informing the individual of the request and the identity of the agency that made the

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request.

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     (d) The division shall require any agency or entity that receives or has access to records or

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information from the division, including photo images, to certify, before such receipt or access, that

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such person or entity shall not:

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     (1) Use such records or information for immigration enforcement purposes; or

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     (2) Disclose such records or information to any other agency or entity, or to any employee

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or agent of any such agency or entity, unless that other agency or entity also certifies that the

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information will not be used for purposes of enforcing immigration law.

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     31-10.4-4. Rules and regulations.

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

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to implement the provisions of this chapter.

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

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

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

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cards for persons twenty-one and older.

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     (a) It is unlawful for:

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

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

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served or delivered to him or her alcoholic beverages; or

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

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

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

 

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

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

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

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

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is twenty-one (21) years or older;

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

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

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

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

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beverage to a minor.

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

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

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

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

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

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

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

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

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applicant's signature.

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

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the fee.

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

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

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

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

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

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

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

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

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RHODE ISLAND IDENTIFICATION CARD

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Date Issued No.

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First Name Middle Name Last Name

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Address

 

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BIRTH RECORD

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Month Day Year

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

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………… ………… …… …… ……

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Issued by

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Administrator of the Division of Motor Vehicles

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Administrator

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

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

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

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of bids.

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

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

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

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

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

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

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

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

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

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ninth (59th) birthday.

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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his or her age.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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application.

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

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

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

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

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

 

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

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

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first (21st) birthday.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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IDENTIFICATION CARD

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Date Issued No.

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First Name Middle Name Last Name

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Address

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BIRTH RECORD

 

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Month Day Year

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

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………… ………… …… …… ……

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Issued by

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Administrator of the Division of Motor Vehicles

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Administrator

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

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

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

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of bids.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

ROADS AND MANDATORY INSURANCE

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

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

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

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     This act would take effect on July 1, 2022.

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