2021 -- H 5388

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LC000593

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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 HEALTH AND SAFETY -- ANATOMICAL GIFTS

     Introduced By: Representatives Potter, Giraldo, Kazarian, Baginski, Bennett,
McLaughlin, and Tanzi

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     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 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 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

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

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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.

     (10) The division of motor vehicles shall cause to be produced application forms and

renewal forms for identification cards that clearly notify Rhode Island residents that they shall be

deemed to have consented to the donation of their organs and/or their body tissue unless they have

completed and submitted to the division of motor vehicles an organ donor declination card. All

identification card recipients shall be notified of their right to decline to consent to organ and tissue

donation in accordance with § 31-10.1-8. Only a "yes" or affirmative response will be noted.

Information held by the division of motor vehicles regarding a person's automatic consent to donate

shall constitute the "Rhode Island Donor Registry." This information will be made available to all

federally designated organ procurement organizations and law enforcement organizations twenty-

four (24) hours a day via a password protected Internet connection and will only be used to facilitate

anatomical gifts in accordance with the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of

title 23.

     (11) Signs shall be conspicuously posted in all division of motor vehicle branches, the

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American Automobile Association (AAA), or any other private agency authorized to issue

identification cards clearly reading that all persons applying for the identification card shall be

deemed to have given their consent to the donation of their organs and/or body tissue, unless they

have completed and submitted to the division of motor vehicles an organ donor declination card.

     (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.

     (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.

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     (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 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, 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

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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 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)

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

     (e) Any person who obtains an identification card, issued pursuant to this section, shall be

deemed to have consented to the donation of their organs and/or their body tissue unless they have

completed and submitted to the division of motor vehicles an organ donor declination card. All

recipients of this identification card shall be informed of their right to decline to automatically

consent to their organ donation. Information held by the division of motor vehicles regarding a

person's automatic consent to donate shall constitute the "Rhode Island Donor Registry." This

information will be made available to all federally-designated organ procurement organizations and

law enforcement organizations twenty-four (24) hours a day via a password protected Internet

connection and will only be used to facilitate anatomical gifts in accordance with the Revised

Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.

     (f) Signs shall be conspicuously posted in all division of motor vehicle branches, the

American Automobile Association (AAA), or any other private agency authorized to issue

identification cards clearly stating that all persons applying for the identification card shall be

deemed to have given their consent to the donation of their organs and/or body tissue, unless they

have completed and submitted to the division of motor vehicles an organ donor declination card.

     SECTION 2. Section 31-10-26.1 of the General Laws in Chapter 31-10 entitled "Operators'

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

     31-10-26.1. Anatomical gifts by drivers.

     (a) The division of motor vehicles shall cause to be sent to each person applying for or

renewing a license, as provided for in § 31-10-26, a document containing a summary description

and explanation of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23. , as well

as a notice of their right to decline to automatically consent to the organ donation. All drivers'

license recipients shall be deemed to have consented to the donation of their organs and/or their

body tissue unless they have completed and submitted to the division of motor vehicles an organ

donor declination card.

     (b) The division of motor vehicles may, on behalf of the state accept and deposit with the

general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out

the purposes of this section and to expend the grant, gift, or contribution for those purposes.

     (c) The division of motor vehicles may make and sign any agreements and may do and

perform any and all acts which may be necessary or desirable to carry out the purposes of this

section.

     (d) The division of motor vehicles shall issue special licenses upon request of a licensee

which conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of

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title 23.

     (e) Neither the administrator of the division of motor vehicles nor any employee of the

state shall be liable in any suit for damages as a result of his or her acts or omissions or for any

action under the provisions of this section.

     (f) The division of motor vehicles shall cause to be posted in all of its customer service

locations a sign or other material encouraging informing persons to make about the benefits of

making anatomical gifts during the process of issuing and renewing licenses provided for in § 31-

10.1-1 and in accordance with the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.

     (g) The division of motor vehicles shall cause to be produced application forms and

renewal forms for driver's licenses and nonoperator identification cards that clearly offer notify

Rhode Island residents that they shall be deemed to have consented to the donation of their organs

and/or body tissue unless they have completed and submitted to the division of motor vehicles an

organ donor declination card. All driver's license applicants and non-operator identification card

recipients shall be notified of their right to decline to make an organ donation the option to consent

to organ and tissue donation in accordance with § 31-10.1-8. Only a "yes" or affirmative response

will be noted. Information held by the division of motor vehicles regarding a person's automatic

consent to donate shall constitute the "Rhode Island Donor Registry." This information will be

made available to all federally designated organ procurement organizations and law enforcement

organizations twenty-four (24) hours a day via a password protected Internet connection and will

only be used to facilitate anatomical gifts in accordance with the Revised Uniform Anatomical Gift

Act, chapter 23-18.6.1.

     (h) Signs shall be posted in all division of motor vehicle branches, the American

Automobile Association (AAA), or any other private agency authorized to issue identification cards

clearly stating that all persons applying for the identification card shall be deemed to have given

their consent to the donation of their organs and/or body tissue, unless they have completed and

submitted to the division of motor vehicles an organ donor declination card.

     (h)(i) The division of motor vehicles shall develop by January 1, 2008 a method that

requires written consent and confirmation to allow residents of Rhode Island to have their names

accurately added to or deleted from the division's Rhode Island Donor Registry in the periods

between mandated driver's license renewals. Persons added to the Donor Registry in this manner

shall be considered as having made a document of gift.

     SECTION 3. Section 31-10.1-8 of the General Laws in Chapter 31-10.1 entitled "Special

License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to

read as follows:

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     31-10.1-8. Anatomical gifts by operators.

     (a) The division of motor vehicles, in conjunction with the federally designated organ and

tissue procurement agency, shall develop and implement a program encouraging and allowing for

persons to make promoting the making of anatomical gifts, during the process of issuing and

renewing licenses provided for in § 31-10.1-1. All persons who apply for or receive a Rhode Island

operator's license after January 1, 2022, shall be deemed to have consented to the donation of their

organs and/or their body tissue unless they have completed and submitted an organ declination

card. The division of motor vehicles shall give to all persons seeking the licenses, a document

containing a summary description and explanation of the Anatomical Gift Act, chapter 18.6 of title

23. Any person wishing declining to donate tissue or organs under the provisions of chapter 18.6

of title 23 shall be issued a donor declination card. included in the Rhode Island Donor Registry as

defined by § 31-10-26.1(g) and issued a driver's license or nonoperator's identification card bearing

a notation or symbol indicating the person's consent to donate under the chapter and defining the

term "qualified donee" as outlined in chapter 18.6 of title 23. The division of motor vehicles, in

conjunction with the federally designated organ and tissue procurement agency, may on behalf of

the state, accept and deposit with the general treasurer any grant, gift or contribution made to assist

in meeting the cost of carrying out the purposes of this section, and may expend the funds for these

purposes.

     (b) Signs shall be posted in all division of motor vehicle branches, the American

Automobile Association (AAA), or any other private agency authorized to issue identification cards

clearly stating that all persons applying for the identification card shall be deemed to have given

their consent to the donation of their organs and/or body tissue, unless they have completed and

submitted to the division of motor vehicles an organ donor declination card.

     (b)(c) Application for monies to support these purposes will be made to the general

treasurer by the division of motor vehicles, and/or the federally designated organ and tissue

procurement agency.

     (c)(d) The division of motor vehicles may make and sign any agreements and may do and

perform any and all acts necessary to carry out the purposes of this section.

     SECTION 4. Chapter 23-18.6 of the General Laws entitled "Uniform Anatomical Gift Act"

is hereby amended by adding thereto the following section:

     23-18.6-2.6. Organ donor presumption.

     Notwithstanding any provision of the general, public laws or this chapter to the contrary,

effective January 1, 2022, any person possessing a motor vehicle operator's or chauffeur's license

or division of motor vehicles identification card shall be deemed to have consented to be an organ

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donor, unless they have completed and submitted an organ declination card.

     SECTION 5. This act shall take effect on January 1, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ANATOMICAL GIFTS

***

     This act would require that all applicants for driver's licenses and registry-issued

identification cards automatically become organ donors unless they execute a declination card. The

act would also require that notices be clearly and conspicuously posted which inform affected

persons that they are deemed to consent to the organ and tissue donation unless they sign a card to

the contrary.

     This act would take effect on January 1, 2022.

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