Chapter 164
2012 -- S 2161 SUBSTITUTE A AS
AMENDED
Enacted 06/06/12
A N A C T
RELATING TO
MOTOR VEHICLES OPERATOR LICENSES - VETERANS
Introduced By: Senators Felag, Pichardo, Lanzi, P Fogarty, and Metts
Date Introduced: January 18, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. 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
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 which bears the date of birth of the licensee, and
which is issued by this state or any other state;
(iii) A
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
payment of a fee of twenty-five dollars ($25), and, upon
presentation of a certified birth or
baptismal certificate, or
immigrant or refugee document issued by the
service, including, but not limited to, any one of the following:
Form I-551, Form I-94, Form I-
688A, and Form I-688, 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 issued by this state or any other state shall
be issued a
(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
Date Issued
.
No
..
First Name Middle
Name Last Name
Address
.
BIRTH RECORD
Month
..
..
. Day
Year
Secure Color
Color Sex Ht. Wt.
Photo of
hair of eyes
by
Pasting
here
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
section3-8-6.1 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
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
such 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 which 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 which provides the same
information as required by the
book. That licensee and/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.
(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 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
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.
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
foreign passport, or
issued by the
any one of the following: Form I-551, Form I-94, Form
I-688A, and Form I-688, together with a
document bearing the applicant's signature. No person who
holds an operator's license, 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
Secure Color
Color Sex Ht. Wt.
Photo of
hair of eyes
by
Pasting
here
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
section 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 which is clearly marked veteran, at no additional
cost.
SECTION 2. Chapter 31-10 of the General Laws entitled
"Operators' and Chauffeurs'
Licenses" is hereby
amended by adding thereto the following section:
31-10-48.
Veteran designation on operator license. 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 a motor vehicle operators license or
commercial drivers license to the presenter
which is clearly marked veteran.
SECTION 3. Section 31-10-31 of the General Laws in Chapter
31-10 entitled "Operators'
and Chauffeurs' Licenses" is hereby amended to read
as follows:
31-10-31.
Fees. -- The following fees shall be paid to the
division of motor vehicles:
(1) For every
operator's first license to operate a motor vehicle, twenty-five dollars
($25.00);
(2) For every
chauffeur's first license, twenty-five dollars ($25.00); provided, that when
a
two dollars ($2.00);
(3) For every learner's
permit to operate a motorcycle, twenty-five dollars ($25.00);
(4) For every
operator's first license to operate a motorcycle, twenty-five dollars
($25.00);
(5) For every renewal of
an operator's or chauffeur's license, thirty dollars ($30.00); with
the exception of any person seventy-five (75) years of
age or older for whom the renewal fee will
be eight dollars ($8.00);
(6) For every duplicate
operator's or chauffeur's license, twenty-five dollars ($25.00);
(7) For every certified
copy of any license, permit, or application issued under this
chapter, ten dollars ($10.00);
(8) For every duplicate
instruction permit, ten dollars ($10.00);
(9) For every first
license examination, five dollars ($5.00);
(10) For every routine
information update, i.e., name change or address change, five
dollars ($5.00).;
(11) For surrender of
an out-of-state license, in addition to the above fees, five dollars
($5.00).
SECTION 4. This act shall take effect September 1, 2012.
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LC00035/SUB A
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