2024 -- S 3134

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LC006220

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

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

LICENSES

     

     Introduced By: Senator F. Lombardi

     Date Introduced: June 04, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     31-10-26. Issuance of license.

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     (a) The division of motor vehicles shall, upon payment of the required fee, issue to every

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qualifying applicant an operator’s or chauffeur’s license. The license shall be approximately two

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and one-half inches (2½″) wide and three and one-half inches (3½″) long and shall bear on it a

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distinguishing number assigned to the licensee; the full name; date of birth; residence address; brief

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description of the licensee; a photograph of the licensee; whether the licensee has indicated a desire

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to donate tissue or organs pursuant to the provisions of chapter 18.6.1 of title 23; and either a space

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upon which the licensee shall write his or her usual signature with pen and ink or a facsimile of the

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signature of the licensee. No license shall be valid until it has been so signed by the licensee

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designated on it. A negative file of all photographs of licensees shall be maintained by the division

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of motor vehicles for a period of five (5) years.

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     (b) The division of motor vehicles shall issue an operator’s or chauffeur’s license pursuant

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to this chapter to every qualifying applicant, including, but not limited to, any 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, provided any applicant subject to the DACA program shall provide evidence of having

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received the grant from the United States Citizenship and Immigration Services.

 

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

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

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Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.

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

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

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

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building, design and fire professionals or a member of the department of attorney general, any

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permanently employed federal law enforcement officer assigned in Rhode Island, or any member

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of the United States Attorney’s Office in Rhode Island or any employee of the R.I. department of

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corrections, as recommended by the director of the department of corrections, and members of the

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Rhode Island judiciary or any employee of the Rhode Island judiciary as recommended by the chief

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justice, upon request of the applicant, shall be issued a license that contains the applicant’s official

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business address in lieu of a residence address as required under the general provisions of this

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section.

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

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license.” A first license shall be issued for a one-year period after which time a permanent driver’s

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license shall be issued according to this section.

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     (f) If an applicant has been adjudicated for committing one moving motor vehicle violation,

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

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for a hearing before a judge of the traffic tribunal at which time the driving record will be reviewed.

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The traffic tribunal judge shall determine if the person should be granted an operator’s license, be

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reissued a first license, or be denied a license to operate a motor vehicle in the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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

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LC006220 - Page 2 of 4

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

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

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

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     (j) Any personal digitized information contained within an operator’s or chauffeur’s license

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

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such as weight, height, hair color and eye color, signature and organ donor status; and (b) the license

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number, commercial endorsements, expiration date, issue date, restriction, and class.

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

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

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

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

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

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

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these entities shall be solely for the purpose of determining the age of an individual for a transaction,

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

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

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

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

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name of the entity.

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

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

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numbers shall not be included, either digitally or visually, on the operator’s or chauffeur’s license.

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     (n) Issuance of a Rhode Island operator’s license under this chapter 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 2. This act shall take effect upon passage.

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LC006220

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

LICENSES

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     This act would allow members of the Rhode Island judiciary and certain employees of the

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judiciary recommended by the chief justice to be issued a driver's license that contains the

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applicant's official business address in lieu of a residence address.

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     This act would take effect upon passage.

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