Chapter 462

2004 -- H 7449 AS AMENDED

Enacted 07/07/04

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

Introduced By: Representatives Lima, Handy, Cerra, Wasylyk, and Almeida

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10-26 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

31-10-26. Issuance of license. -- (a) The division of motor vehicles shall, upon payment

of the required fee, issue to every qualifying applicant an operator's or chauffeur's license. The

license shall be approximately two and one-half inches (2 1/2") wide and three and one-half

inches (3 1/2") long and shall bear on it a distinguishing number assigned to the licensee, the full

name, date of birth, residence address, brief description of the licensee, a photograph of the

licensee, whether the licensee has indicated a desire to donate tissue or organs pursuant to the

provisions of chapter 18.6 of title 23, and either a space upon which the licensee shall write his or

her usual signature with pen and ink or a facsimile of the signature of the licensee. No license

shall be valid until it has been so signed by the licensee designated on it. A negative file of all

photographs of licensees shall be maintained by the division of motor vehicles for a period of five

(5) years.

      (b) The division of motor vehicles shall issue special licenses to those licensees who

have indicated that they desire to donate tissue or organs, which conform to the provisions of the

Rhode Island Anatomical Gift Act, chapter 18.6 of title 23.

      (c) Any person who is a law enforcement officer, meaning any permanently employed

member of the state, city, or town police departments, sheriffs and deputy sheriffs, members of

the marshal's unit, capitol police, and the state fire marshal and deputy fire marshals of the

division of fire safety or a member of the department of attorney general, any permanently

employed federal law enforcement officer assigned in Rhode Island, or any member of the United

States Attorney's Office in Rhode Island or any employee of the R.I. department of corrections, as

recommended by the director of the department of corrections, upon request of the applicant,

shall be issued a license which contains the applicant's official business address in lieu of a

residence address as required under the general provisions of this section.

      (d) The license issued to a person applying for the first time shall be designated as a

"first license". A first license shall be issued for a one year period after which time a permanent

driver's license shall be issued according to this section.

      (e) If an applicant has been adjudicated for committing one moving motor vehicle

violation, has been involved in one reportable motor vehicle accident, or both, he or she shall be

summoned for a hearing before a judge of the traffic tribunal at which time the driving record will

be reviewed. The traffic tribunal judge shall determine if the person should be granted an

operator's license, be reissued a first license, or be denied a license to operate a motor vehicle in

the state of Rhode Island.

      (f) Any person who is under the age of twenty-one (21) years shall, upon payment of the

required fee and upon meeting the qualifications for the receipt of an operator's or chauffeur's

license, be issued a license which shall be readily distinguishable in color from those licenses

issued to persons who are twenty-one (21) years of age or older. When a person under the age of

twenty-one (21) years to whom a license has been issued and whose license is in full force and

effect, attains his or her twenty-first birthday, he or she shall be entitled to receive a new license

of the type issued to persons who are older than the age of twenty-one (21) years from the

administrator of the division of motor vehicles upon demand at no expense. Every person shall

supply to the division of motor vehicles satisfactory proof of his or her date of birth.

      (g) The division of motor vehicles shall issue special licenses upon the request of a

licensee which conform to the provisions of the Rhode Island Anatomical Gift Act, chapter 18.6

of title 23.

      (h) The division of motor vehicles shall note in an appropriate manner a restriction on

any person's license who is prohibited from operating a motor vehicle that is not equipped with an

ignition interlock system as provided in chapter 27 of this title.

(i) Any personal digitized information contained within an operator's or chauffeur's

license shall be limited to: (a) the licensee's name, age, date of birth, address, gender, physical

description such as weight, height, hair color and eye color, signature and organ donor status; and

(b) the license number, commercial endorsements, expiration date, issue date, restriction and

class.

(j) Except to the extent an entity is authorized to renew drivers' licenses, or except for

financial institutions engaged in the verification of information for financial transactions,

nongovernmental entities shall not have access to any digitized information contained in an

operator or chauffeur's license other than the licensee's name, age, date of birth, signature, and

photographic image, and the license's expiration date; nor shall they store, record or retain any

such information obtained through a digital reading device. Access to digitized information by

such entities shall be solely for the purpose of determining the age of an individual for a

transaction, right or privilege available by law only to persons of a certain age.

(k) To the extent that nongovernmental entities shall have access to the digitized

information stored on an operator's or chauffeur's license, the entity shall be civilly liable for the

unauthorized access to, or retention or use of, such information by its agents or persons acting in

the name of the entity.

(l) The division of motor vehicles shall collect from applicants and licensees their social

security numbers and tax identification numbers only to the extent required by federal law. Such

numbers shall not be included, either digitally or visually, on the operator's is or chauffeur's

license.

     SECTION 2. This act shall take effect upon passage.

=======

LC01092

=======