|
2012 -- H 7016 SUBSTITUTE B | |
|
======= | |
|
LC00202/SUB B | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
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: | |
|
1-1 |
SECTION 1. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled |
|
1-2 |
"Regulation of Sales" are hereby amended to read as follows: |
|
1-3 |
3-8-6. Unlawful drinking and misrepresentation by underage persons -- |
|
1-4 |
Identification cards for persons twenty-one and older. -- (a) It is unlawful for: |
|
1-5 |
(1) A person who has not reached his or her twenty-first (21st) birthday to enter any |
|
1-6 |
premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or |
|
1-7 |
having served or delivered to him or her alcoholic beverages; or |
|
1-8 |
(2) A person who has not reached his or her twenty-first (21st) birthday to consume any |
|
1-9 |
alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, |
|
1-10 |
attempt to purchase, or have another purchase for him or her any alcoholic beverage; or |
|
1-11 |
(3) A person to misrepresent or misstate his or her age, or the age of any other persons, or |
|
1-12 |
to misrepresent his or her age through the presentation of any of the following documents: |
|
1-13 |
(i) An armed service identification card, valid passport, the identification card license, or |
|
1-14 |
any other documentation used for identification purposes that may belong to any other person |
|
1-15 |
who is twenty-one (21) years or older; |
|
1-16 |
(ii) A motor vehicle operator's license which bears the date of birth of the licensee, and |
|
1-17 |
which is issued by this state or any other state; |
|
1-18 |
(iii) A Rhode Island identification card as defined in subsection (b) for the purpose of |
|
1-19 |
inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic |
|
1-20 |
beverage to a minor. |
|
2-1 |
(b) (1) The administrator of the division of motor vehicles shall issue to any person who |
|
2-2 |
has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon |
|
2-3 |
payment of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or |
|
2-4 |
baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid |
|
2-5 |
immigrant or refugee document issued by the United States immigration and naturalization |
|
2-6 |
service, including, but not limited to, any one of the following: Form I-551, Form I-94, Form I- |
|
2-7 |
688A, and Form I-688, together with a document bearing the applicant's signature. |
|
2-8 |
(2) A person who has reached his or her fifty ninth (59th) birthday is not required to pay |
|
2-9 |
the fee. |
|
2-10 |
(3) Each registration card shall be subject to renewal every five (5) years upon payment |
|
2-11 |
of a fee of twenty-five dollars ($25). |
|
2-12 |
(4) No person who holds an operator's license issued by this state or any other state shall |
|
2-13 |
be issued a Rhode Island identification card. |
|
2-14 |
(5) The identification card shall be signed by the administrator of the division of motor |
|
2-15 |
vehicles and by the applicant and his or her picture shall appear on the card along with the |
|
2-16 |
required information and the card shall be encased in laminated plastic. The card shall be two |
|
2-17 |
inches (2") in height and four inches (4") in length and shall be printed in the following form: |
|
2-18 |
RHODE ISLAND IDENTIFICATION CARD |
|
2-19 |
Date Issued . No .. |
|
2-20 |
First Name Middle Name Last Name |
|
2-21 |
|
|
2-22 |
Address . |
|
2-23 |
BIRTH RECORD |
|
2-24 |
Month .. .. . Day Year |
|
2-25 |
Secure Color Color Sex Ht. Wt. |
|
2-26 |
Photo of hair of eyes |
|
2-27 |
by Pasting |
|
2-28 |
here |
|
2-29 |
Issued by |
|
2-30 |
Administrator of the Division of Motor Vehicles |
|
2-31 |
|
|
2-32 |
|
|
2-33 |
Administrator |
|
3-34 |
(6) The identification cards shall be produced at the adult correctional institutions if they |
|
3-35 |
have facilities to do so; if the adult correctional institutions have no facilities to do so, then all |
|
3-36 |
cards shall be manufactured by the lowest responsible bidder following advertisement for the |
|
3-37 |
solicitation of bids. |
|
3-38 |
(7) The identification cards shall be clearly distinguishable from those issued pursuant to |
|
3-39 |
section3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31. |
|
3-40 |
(8) Any person who has been designated as permanently and totally disabled by the social |
|
3-41 |
security administration or who upon certification by an optometrist, ophthalmologist or physician |
|
3-42 |
that a holder of a valid and current motor vehicle operator's license is no longer able to operate a |
|
3-43 |
motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon |
|
3-44 |
request, a Rhode Island identification card for the unexpired term of such person's motor vehicle |
|
3-45 |
operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the |
|
3-46 |
standard renewal charge of twenty-five dollars ($25) until such person shall reach his or her fifty- |
|
3-47 |
ninth (59th) birthday. |
|
3-48 |
(9) The administrator of the division of motor vehicles shall, upon presentation of a |
|
3-49 |
United States Department of Defense (DD) FORM 214 and verification of an honorable |
|
3-50 |
discharge, issue an identification card to the presenter which is clearly marked veteran, at no |
|
3-51 |
additional cost. |
|
3-52 |
(c) (1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or |
|
3-53 |
photographic reproduction equipment which provides the same information as required by the |
|
3-54 |
book. That licensee and/or the licensee's employee shall require any person who has shown a |
|
3-55 |
document as set forth in this section substantiating his or her age to sign that book or to permit the |
|
3-56 |
taking of his or her photograph and indicate what document was presented. Use of the |
|
3-57 |
photographic reproduction equipment is voluntary for every Class A, B, C and D licensee. |
|
3-58 |
(2) The sign-in as minor book and photographic reproduction equipment shall be |
|
3-59 |
prescribed, published, and approved at the direction and control of the division. The book shall |
|
3-60 |
contain at least four hundred (400) pages, shall be uniform throughout the state, and shall be |
|
3-61 |
distributed at a cost not to exceed seven dollars ($7.00). |
|
3-62 |
(3) If a person whose age is in question signs the sign-in as minor book or has a |
|
3-63 |
photograph taken before he or she is sold any alcoholic beverage and it is later determined that |
|
3-64 |
the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is |
|
3-65 |
considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in |
|
3-66 |
good faith in selling any alcoholic beverage to the person producing the document as set forth in |
|
3-67 |
this section misrepresenting his or her age. |
|
4-68 |
(4) Proof of good faith reliance on any misrepresentation is a defense to the prosecution |
|
4-69 |
of the licensee and/or the licensee's agent or servant for an alleged violation of this section. |
|
4-70 |
(d) (1) Any person who violates this section shall be punished for the first offense by a |
|
4-71 |
mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars |
|
4-72 |
($500) and shall be further punished by thirty (30) hours of community service and shall be |
|
4-73 |
further punished by a suspension of his or her motor vehicle operator's license or driving |
|
4-74 |
privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less |
|
4-75 |
than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be |
|
4-76 |
further punished by forty (40) hours of community service and will be further punished by a |
|
4-77 |
suspension of his or her motor vehicle operator's license or driving privileges for a period of three |
|
4-78 |
(3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not |
|
4-79 |
less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall |
|
4-80 |
be further punished by fifty (50) hours of community service and will be further punished by a |
|
4-81 |
suspension of his or her motor vehicle operator's license or driving privileges for a period of one |
|
4-82 |
year. |
|
4-83 |
(2) Any suspension of an operator's license or driving privilege pursuant to this section |
|
4-84 |
shall not operate to affect the insurance rating of the offender and any operator's license or |
|
4-85 |
driving privilege suspended pursuant to this section shall be reinstated without further expense |
|
4-86 |
upon application. |
|
4-87 |
(e) Within thirty (30) days after this incident the police chief of the city or town where |
|
4-88 |
the incident took place is directed to inform, in writing, the department of business regulation |
|
4-89 |
whether or not charges in accordance with this section have been preferred against a person who |
|
4-90 |
has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is |
|
4-91 |
brought against any person who has not reached his or her twenty-first (21st) birthday and has |
|
4-92 |
violated the provisions of this section, then the police chief of the city or town where the incident |
|
4-93 |
took place will state the reason for his or her failure to charge the person who has not reached his |
|
4-94 |
or her twenty-first (21st) birthday. |
|
4-95 |
(f) The Rhode Island identification card may be withdrawn at any time for just cause, at |
|
4-96 |
the discretion of the administrator of the division of motor vehicles. The administrator of the |
|
4-97 |
division of motor vehicles shall keep a record of the cards issued and each card shall contain an |
|
4-98 |
identification number specifically assigned to the person to whom the card was issued. |
|
4-99 |
3-8-6.1. Identification cards for persons under the age of 21. -- (a) (1) The |
|
4-100 |
administrator of the division of motor vehicles shall issue to any person upon request, who is |
|
4-101 |
under twenty-one (21) years of age, an identification card upon payment of a fee of twenty-five |
|
4-102 |
dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or U.S. or |
|
5-1 |
foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee document |
|
5-2 |
issued by the United States immigration and naturalization service including, but not limited to, |
|
5-3 |
any one of the following: Form I-551, Form I-94, Form I-688A, and Form I-688, together with a |
|
5-4 |
document bearing the applicant's signature. No person who holds an operator's license, issued by |
|
5-5 |
this state or any other state, shall be issued an identification card. (2) The identification card shall |
|
5-6 |
be subject to renewal every five (5) years upon the payment of a fee of twenty-five dollars |
|
5-7 |
($25.00). (3) The identification card shall be signed by the administrator of the division of motor |
|
5-8 |
vehicles and also by the applicant, and his or her picture shall appear on the card along with the |
|
5-9 |
required information and the card shall be encased in laminated plastic. The card shall be two |
|
5-10 |
inches (2") in height and four inches (4") in length and shall be printed in the following form: |
|
5-11 |
IDENTIFICATION CARD |
|
5-12 |
Date Issued . No .. |
|
5-13 |
First Name Middle Name Last Name |
|
5-14 |
|
|
5-15 |
Address . |
|
5-16 |
BIRTH RECORD |
|
5-17 |
Month .. .. . Day Year |
|
5-18 |
Secure Color Color Sex Ht. Wt. |
|
5-19 |
Photo of hair of eyes |
|
5-20 |
by Pasting |
|
5-21 |
here |
|
5-22 |
Issued by |
|
5-23 |
Administrator of the Division of Motor Vehicles |
|
5-24 |
|
|
5-25 |
|
|
5-26 |
Administrator |
|
5-27 |
(4) The identification cards shall be produced at the adult correctional institution if they |
|
5-28 |
have facilities to do so; if the adult correctional institutions have no facilities to do so, then all |
|
5-29 |
cards shall be manufactured by the lowest responsible bidder following advertisement for the |
|
5-30 |
solicitation of bids. |
|
5-31 |
(5) The identification cards shall be clearly distinguishable from those issued pursuant to |
|
5-32 |
section 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31. |
|
5-33 |
(b) The identification card may be withdrawn at any time for just cause, at the discretion |
|
5-34 |
of the administrator of the division of motor vehicles. The administrator of the division of motor |
|
6-1 |
vehicles shall keep a record of the cards issued and each card shall contain an identification |
|
6-2 |
number specifically assigned to the person to whom the card was issued. |
|
6-3 |
(c) The administrator of the division of motor vehicles shall, upon presentation of a |
|
6-4 |
United States Department of Defense (DD) FORM 214 and verification of an honorable |
|
6-5 |
discharge, issue an identification card to the presenter which is clearly marked veteran, at no |
|
6-6 |
additional cost. |
|
6-7 |
SECTION 2. Chapter 31-10 of the General Laws entitled "Operators' and Chauffeurs' |
|
6-8 |
Licenses" is hereby amended by adding thereto the following section: |
|
6-9 |
31-10-48. Veteran designation on operator license. The administrator of the division |
|
6-10 |
of motor vehicles shall, upon presentation of a United States Department of Defense (DD) FORM |
|
6-11 |
214 and verification of an honorable discharge, issue a motor vehicle operators license or |
|
6-12 |
commercial drivers license to the presenter which is clearly marked veteran. |
|
6-13 |
SECTION 3. Section 31-10-31 of the General Laws in Chapter 31-10 entitled "Operators' |
|
6-14 |
and Chauffeurs' Licenses" is hereby amended to read as follows: |
|
6-15 |
31-10-31. Fees. -- The following fees shall be paid to the division of motor vehicles: |
|
6-16 |
(1) For every operator's first license to operate a motor vehicle, twenty-five dollars |
|
6-17 |
($25.00); |
|
6-18 |
(2) For every chauffeur's first license, twenty-five dollars ($25.00); provided, that when |
|
6-19 |
a Rhode Island licensed operator transfers to a chauffeur's license, the fee for the transfer shall be |
|
6-20 |
two dollars ($2.00); |
|
6-21 |
(3) For every learner's permit to operate a motorcycle, twenty-five dollars ($25.00); |
|
6-22 |
(4) For every operator's first license to operate a motorcycle, twenty-five dollars |
|
6-23 |
($25.00); |
|
6-24 |
(5) For every renewal of an operator's or chauffeur's license, thirty dollars ($30.00); with |
|
6-25 |
the exception of any person seventy-five (75) years of age or older for whom the renewal fee will |
|
6-26 |
be eight dollars ($8.00); |
|
6-27 |
(6) For every duplicate operator's or chauffeur's license, twenty-five dollars ($25.00); |
|
6-28 |
(7) For every certified copy of any license, permit, or application issued under this |
|
6-29 |
chapter, ten dollars ($10.00); |
|
6-30 |
(8) For every duplicate instruction permit, ten dollars ($10.00); |
|
6-31 |
(9) For every first license examination, five dollars ($5.00); |
|
6-32 |
(10) For every routine information update, i.e., name change or address change, five |
|
6-33 |
dollars ($5.00) |
|
7-34 |
(11) For surrender of an out-of-state license, in addition to the above fees, five dollars |
|
7-35 |
($5.00). |
|
7-36 |
SECTION 4. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00202/SUB B | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR VEHICLE OPERATOR LICENSES - VETERANS | |
|
*** | |
|
8-1 |
This act would direct the administrator of the division of motor vehicles to issue |
|
8-2 |
operators licenses with a designation that the holder is a veteran without charge or fee. |
|
8-3 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00202/SUB B | |
|
======= |