2019 -- S 0153

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LC000458

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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, Goodwin, Nesselbush, Conley, and Miller

     Date Introduced: January 24, 2019

     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) Licenses – Valid form of identification. The division of motor vehicles (the

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"division") shall, upon payment of the required fee, issue to every qualifying applicant an

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operator's or chauffeur's license. The license shall be approximately two and one-half inches (2

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1/2") wide and three and one-half inches (3 1/2") long and shall bear on it a distinguishing

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

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of the licensee; a photograph of the licensee; whether the licensee has indicated a desire to donate

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tissue or organs pursuant to the provisions of chapter 18.6 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

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the 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 An electronic file of all photographs of licensees shall be maintained

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

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     Any applicant for a license under this subsection shall be required by the division to

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provide a valid social security number unless the applicant provides satisfactory proof that their

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presence in the United States is authorized under federal law, but they are ineligible for a social

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security number. A license issued under this subsection shall be a valid form of identification for

 

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federal or state purposes.

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     (b) Driving privilege license – Not valid form of identification. Subject to the

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requirements and limitations of § 31-10-49, the division of motor vehicles shall, upon payment of

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the required fee, issue to every qualifying applicant a driving privilege permit or driving privilege

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

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

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

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

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provisions of chapter 18.6.1 of title 23, and either a space upon which the licensee shall write

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their usual signature with pen and ink or a facsimile of the signature of the licensee. No driving

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privilege license or driving privilege permit shall be valid until it has been so signed by the

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licensee designated on it. All driving privilege licenses and driving privilege permits shall include

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a clear written indication on such license or permit that it shall not be a valid form of

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identification for federal purposes or state voting purposes. The driving privilege license shall be

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similar to a regular license with a different color in the license number field as in the license

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issued pursuant to § 31-10-26(a). The driving privilege permit shall be similar to a regular permit

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with a different color in the permit number field as in the driving permit issued pursuant to §§ 31-

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10-6 and 31-10-7. An electronic file of all photographs of licensees and permitees shall be

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maintained by the division of motor vehicles for a period of five (5) years. A driving privilege

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license holder shall not be eligible for a chauffeur endorsement under § 31-10-5. A driving

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privilege license or permit holder shall not be eligible for a license issued under § 31-10-26(a)

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when renewing a driving privilege license or permit unless the applicant meets all of the

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requirements for a license issued under § 31-10-26(a) including documentation to verify legal

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presence in the United States.

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

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pursuant to this chapter to every qualifying applicant, including, but not limited to, any current or

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past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals

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(DACA) program, provided any applicant subject to the DACA program shall provide evidence

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

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

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

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Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.

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     (d)(e) 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

 

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

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

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

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

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department of corrections, as recommended by the director of the department of corrections, upon

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request of the applicant, shall be issued a license that contains the applicant's official business

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

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     (e)(f) The license issued hereunder to a person applying for the first time shall be

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designated as a "first license". A first license shall be issued for a one-year period after which

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

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     (f)(g) If an applicant for a license hereunder has been adjudicated for committing one

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moving motor vehicle violation, has been involved in one reportable motor vehicle accident, or

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both, he or she shall be summoned for a hearing before a judge of the traffic tribunal at which

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time the driving record will be reviewed. The traffic tribunal judge shall determine if the person

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should be granted an operator's license, be reissued a first license, or be denied a license to

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operate a motor vehicle in the state of Rhode Island.

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

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the 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 of age or older from

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

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

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

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

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18.6.1 of title 23.

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

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

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

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

 

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

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class.

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     (k)(l) 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

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

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     (l)(m) 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

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the name of the entity.

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

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

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

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license.

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     (n)(o) 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. Chapter 31-10 of the General Laws entitled "Operators' and Chauffeurs'

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Licenses" is hereby amended by adding thereto the following section:

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     31-10-49. Driving privilege licenses and driving privilege permits.

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     (a) In order to ensure that all drivers are knowledgeable of traffic safety laws and the safe

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operation of a motor vehicle, the division of motor vehicles is authorized to issue driving

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privilege licenses and driving privilege permits to any applicant who meets the licensure

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requirements of this chapter but is unable to establish legal presence in the United States;

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provided, however, such applicant shall submit the following documentation:

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     (1) Any one of the following documents that reliably proves the applicant's name, date of

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birth, and place of birth:

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     (i) A foreign birth certificate;

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     (ii) A valid foreign passport that is unexpired or expired for less than three (3) years,

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before the application for a driving privilege license or driving privilege permit is filed; or

 

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     (iii) A valid unexpired consular identification document as authorized by the

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administrator; and

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     (2) Any one of the following additional documents to establish identity and residency:

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     (i) A certified record of the applicant's marriage, adoption, divorce, or other valid court

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document including a certified translation if the document is not in English;

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     (ii) A valid driver's license or state identification card issued by another state or U.S.

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Territory;

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     (iii) A U.S. military identification card;

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     (iv) A U.S. military dependent identification card;

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     (v) A valid foreign driver's license with the "International Driving Permit";

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     (vi) A certified school record including a certified translation if the document is not in

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English;

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     (vii) An INS Form I-688 (Temporary Resident ID Card);

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     (viii) INS Forms I-688B and I-765 (Employment Authorization);

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     (ix) An INS Form I-94; or

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     (x) The first page of a completed Homeland Security Form I-589 and a receipt of its

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filing;

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     (3) Two (2) forms of proof of a Rhode Island residential address that would include:

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     (i) A utility bill (gas, electric, telephone, cable or oil) in the applicant's name or in the

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name of an immediate family member with the same last name dated within the last sixty (60)

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days; or

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     (ii) A personal check or bank statement with the applicant's name and address dated

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within the last sixty (60) days, provided, a post office box will not be accepted as a sufficient

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address; or

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     (iii) A homeowner's or rental insurance policy for the applicant's residence with the

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applicant's name and address; or

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     (iv) A current property tax bill for the applicant's residence; or

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     (v) A letter from a Rhode Island shelter or halfway house indicating where the applicant

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resides. Such letter shall be on letterhead, shall be dated within thirty (30) days of presentation,

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and must include the name and contact information of an administrator of the shelter or halfway

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house; or

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     (vi) Any additional form of proof set forth in rules and regulations to be promulgated by

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the division of motor vehicles;

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     (4) Certification from the tax administrator that the applicant has filed tax returns with

 

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this state for the two (2) years preceding applying for a driving privilege license or driving

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privilege permit or the applicant has resided in Rhode Island and has been claimed as a dependent

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by an individual who has filed tax returns with this state for the two (2) years preceding applying

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for a driving privilege license or driving privilege permit; and

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     (5) Files an affidavit with the division of motor vehicles attesting that such applicant has

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filed an application to legalize their immigration status or will file such an application as soon as

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they are eligible to do so.

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

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

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31-10-22 if 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

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driving privilege 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

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

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set forth in §§ 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

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license" 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 license and driving

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privilege permit.

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     (f) Holders of a driving privilege license or driving privilege permit will be required to

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conduct all renewals in person and comply with all documentation requirements in § 31-10-49(a).

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     (g) The driving privilege license and the driving privilege permit shall not be a valid form

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of identification for federal purposes or state voting purposes.

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     (h) The applicant for a driving privilege license 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

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regulations.

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     (i) The division of motor vehicles shall adopt rules and regulations to implement the

 

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provisions of this section.

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     (j) A driving privilege license or a driving privilege permit shall not be used as evidence

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

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because they hold or present a driving privilege license or driving privilege permit issued under

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this subsection.

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     (l) If the United States Department of Homeland Security determines that the licensing or

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permit program established pursuant to this section does not satisfy the requirements of 6 C.F.R.

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§ 37.71 adopted pursuant to section 202(d)(11) of the Real ID Act of 2005 (Pub. L. 109-13), the

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division of motor vehicles shall modify the license or permit to comply with the Real ID Act of

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2005 and any revisions made thereafter.

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     SECTION 3. This act shall take effect on July 1, 2019.

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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 department of motor vehicles to issue driving privilege licenses

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and driving privilege permits to applicants unable to establish lawful presence in the United

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States. The driving privilege licenses and driving privilege permits would not be valid for

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identification purposes.

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     This act would take effect on July 1, 2019.

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