2012 -- H 7016

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LC00202

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR VEHICLE OPERATOR LICENSES - VETERANS

     Introduced By: Representatives Martin, Gallison, and Mattiello

     Date Introduced: January 04, 2012

     Referred To: House Veterans` Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled

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"Regulation of Sales" are hereby amended to read as follows:

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     3-8-6. Unlawful drinking and misrepresentation by underage persons --

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Identification cards for persons twenty-one and older. -- (a) It is unlawful for:

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     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

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premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or

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having served or delivered to him or her alcoholic beverages; or

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     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

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alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

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attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

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     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

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to misrepresent his or her age through the presentation of any of the following documents:

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     (i) An armed service identification card, valid passport, the identification card license, or

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any other documentation used for identification purposes that may belong to any other person

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who is twenty-one (21) years or older;

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     (ii) A motor vehicle operator's license which bears the date of birth of the licensee, and

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which is issued by this state or any other state;

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     (iii) A Rhode Island identification card as defined in subsection (b) for the purpose of

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inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic

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beverage to a minor.

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     (b) (1) The administrator of the division of motor vehicles shall issue to any person who

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has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon

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payment of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or

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baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid

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immigrant or refugee document issued by the United States immigration and naturalization

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service, including, but not limited to, any one of the following: Form I-551, Form I-94, Form I-

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688A, and Form I-688, together with a document bearing the applicant's signature.

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     (2) A person who has reached his or her fifty ninth (59th) birthday is not required to pay

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the fee.

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     (3) Each registration card shall be subject to renewal every five (5) years upon payment

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of a fee of twenty-five dollars ($25).

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     (4) No person who holds an operator's license issued by this state or any other state shall

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be issued a Rhode Island identification card.

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     (5) The identification card shall be signed by the administrator of the division of motor

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vehicles and 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

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inches (2") in height and four inches (4") in length and shall be printed in the following form:

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     RHODE ISLAND IDENTIFICATION CARD

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     Date Issued ............ No. . . . . . .

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     First Name Middle Name
Last Name .............................................................................

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Address .............................................................................

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     BIRTH RECORD

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     Month ............ Day . . . . . . . . . . Year . . . . . . . . .

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     Secure Color Color Sex Ht. Wt.

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     Photo of hair of eyes

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     by Pasting

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     here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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     Issued by

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     Administrator of the Division of Motor Vehicles ............ ............ ............

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     Administrator

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     (6) The identification cards shall be produced at the adult correctional institutions if they

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have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

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cards shall be manufactured by the lowest responsible bidder following advertisement for the

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solicitation of bids.

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     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

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section3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

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     (8) Any person who has been designated as permanently and totally disabled by the social

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security administration or who upon certification by an optometrist, ophthalmologist or physician

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that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

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motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

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request, a Rhode Island identification card for the unexpired term of such person's motor vehicle

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operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the

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standard renewal charge of twenty-five dollars ($25) until such person shall reach his or her fifty-

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ninth (59th) birthday.

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     (c) (1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

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photographic reproduction equipment which provides the same information as required by the

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book. That licensee and/or the licensee's employee shall require any person who has shown a

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document as set forth in this section substantiating his or her age to sign that book or to permit the

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taking of his or her photograph and indicate what document was presented. Use of the

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photographic reproduction equipment is voluntary for every Class A, B, C and D licensee.

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     (2) The sign-in as minor book and photographic reproduction equipment shall be

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prescribed, published, and approved at the direction and control of the division. The book shall

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contain at least four hundred (400) pages, shall be uniform throughout the state, and shall be

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distributed at a cost not to exceed seven dollars ($7.00).

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     (3) If a person whose age is in question signs the sign-in as minor book or has a

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photograph taken before he or she is sold any alcoholic beverage and it is later determined that

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the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is

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considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in

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good faith in selling any alcoholic beverage to the person producing the document as set forth in

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this section misrepresenting his or her age.

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     (4) Proof of good faith reliance on any misrepresentation is a defense to the prosecution

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of the licensee and/or the licensee's agent or servant for an alleged violation of this section.

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     (d) (1) Any person who violates this section shall be punished for the first offense by a

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mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

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($500) and shall be further punished by thirty (30) hours of community service and shall be

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further punished by a suspension of his or her motor vehicle operator's license or driving

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privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less

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than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be

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further punished by forty (40) hours of community service and will be further punished by a

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suspension of his or her motor vehicle operator's license or driving privileges for a period of three

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(3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not

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less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall

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be further punished by fifty (50) hours of community service and will be further punished by a

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suspension of his or her motor vehicle operator's license or driving privileges for a period of one

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year.

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     (2) Any suspension of an operator's license or driving privilege pursuant to this section

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shall not operate to affect the insurance rating of the offender and any operator's license or

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driving privilege suspended pursuant to this section shall be reinstated without further expense

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upon application.

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     (e) Within thirty (30) days after this incident the police chief of the city or town where

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the incident took place is directed to inform, in writing, the department of business regulation

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whether or not charges in accordance with this section have been preferred against a person who

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has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is

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brought against any person who has not reached his or her twenty-first (21st) birthday and has

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violated the provisions of this section, then the police chief of the city or town where the incident

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took place will state the reason for his or her failure to charge the person who has not reached his

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or her twenty-first (21st) birthday.

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     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

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the discretion of the administrator of the division of motor vehicles. The administrator of the

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division of motor vehicles shall keep a record of the cards issued and each card shall contain an

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identification number specifically assigned to the person to whom the card was issued.

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     3-8-6.1. Identification cards for persons under the age of 21. -- (a) (1) The

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administrator of the division of motor vehicles shall issue to any person upon request, who is

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under twenty-one (21) years of age, an identification card upon payment of a fee of twenty-five

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dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or U.S. or

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foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee document

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issued by the United States immigration and naturalization service including, but not limited to,

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any one of the following: Form I-551, Form I-94, Form I-688A, and Form I-688, together with a

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document bearing the applicant's signature. No person who holds an operator's license, issued by

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this state or any other state, shall be issued an identification card. (2) The identification card shall

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be subject to renewal every five (5) years upon the payment of a fee of twenty-five dollars

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($25.00). (3) The identification card shall be signed by the administrator of the division of motor

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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

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inches (2") in height and four inches (4") in length and shall be printed in the following form:

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     IDENTIFICATION CARD

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     Date Issued ............ No. . . . . . .

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     First Name Middle Name Last Name .............................................................................

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Address .............................................................................

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     BIRTH RECORD Month ............ Day . . . . . . . . . Year . . . . . . . . .

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     Secure Color Color Sex Ht. Wt.

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     Photo of hair of eyes

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     by Pasting

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     here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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     Issued by Administrator of the Division of Motor Vehicles ............ ............ ............

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Administrator

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      (4) The identification cards shall be produced at the adult correctional institution if they

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have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

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cards shall be manufactured by the lowest responsible bidder following advertisement for the

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solicitation of bids.

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     (5) The identification cards shall be clearly distinguishable from those issued pursuant to

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section 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.

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     (b) The identification card may be withdrawn at any time for just cause, at the discretion

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of the administrator of the division of motor vehicles. The administrator of the division of motor

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vehicles shall keep a record of the cards issued and each card shall contain an identification

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number specifically assigned to the person to whom the card was issued.

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     (c) The administrator of the division of motor vehicles shall, upon presentation of

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acceptable documentation of military service, issue an identification card to the presenter which is

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clearly marked “veteran”, at no additional cost.

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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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     31-10-48. Veteran designation on operator license. – The administrator of the division

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of motor vehicles shall, upon presentation of acceptable documentation of military service, issue

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a motor vehicle operator license to the presenter which is clearly marked “veteran”.

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     SECTION 3. Section 31-10-31 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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     31-10-31. Fees. -- The following fees shall be paid to the division of motor vehicles:

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      (1) For every operator's first license to operate a motor vehicle, twenty-five dollars

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($25.00);

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      (2) For every chauffeur's first license, twenty-five dollars ($25.00); provided, that when

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a Rhode Island licensed operator transfers to a chauffeur's license, the fee for the transfer shall be

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two dollars ($2.00);

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      (3) For every learner's permit to operate a motorcycle, twenty-five dollars ($25.00);

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      (4) For every operator's first license to operate a motorcycle, twenty-five dollars

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($25.00);

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      (5) For every renewal of an operator's or chauffeur's license, thirty dollars ($30.00); with

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the exception of any person seventy-five (75) years of age or older for whom the renewal fee will

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be eight dollars ($8.00);

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      (6) For every duplicate operator's or chauffeur's license, twenty-five dollars ($25.00);

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      (7) For every certified copy of any license, permit, or application issued under this

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chapter, ten dollars ($10.00);

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      (8) For every duplicate instruction permit, ten dollars ($10.00);

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      (9) For every first license examination, five dollars ($5.00);

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      (10) For every routine information update, i.e., name change or address change, five

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dollars ($5.00).;

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      (11) For surrender of an out-of-state license, in addition to the above fees, five dollars

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($5.00).;

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     (12) For every addition of veteran’s designation to an operator license, six dollars and

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fifty cents ($6.50). There shall be no incremental fee for this designation at the scheduled time of

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renewal.

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     SECTION 4. This act shall take effect upon passage.

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LC00202

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR VEHICLE OPERATOR LICENSES - VETERANS

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     This act would direct the administrator of the division of motor vehicles to issue

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operators’ licenses with a designation that the holder is a veteran. A fee of six dollars and fifty

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cents shall be paid to the division of motor vehicles for the veteran designation.

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     This act would take effect upon passage.

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LC00202

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