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2012 -- S 2161 SUBSTITUTE A | |
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LC00035/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO MOTOR VEHICLES OPERATOR LICENSES - VETERANS | |
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Introduced By: Senators Felag, Pichardo, Lanzi, P Fogarty, and Metts | |
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Date Introduced: January 18, 2012 | |
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Referred To: Senate Special Legislation and Veterans Affairs | |
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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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(9) The administrator of the division of motor vehicles shall, upon presentation of a |
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United States Department of Defense (DD) FORM 214 and verification of an honorable |
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discharge, issue an identification card to the presenter which is clearly marked veteran, at no |
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additional cost. |
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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 |
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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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(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 a |
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United States Department of Defense (DD) FORM 214 and verification of an honorable |
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discharge, issue an identification card to the presenter which is clearly marked veteran, at no |
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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 a United States Department of Defense (DD) FORM |
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214 and verification of an honorable discharge, issue a motor vehicle operators license or |
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commercial drivers 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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SECTION 4. This act shall take effect upon passage. |
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LC00035/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR VEHICLES 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 without charge or fee. |
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This act would take effect upon passage. |
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LC00035/SUB A | |
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