2015 -- S 0391

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LC001550

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSES

     Introduced By: Senators Ciccone, Nesselbush, Pichardo, and DaPonte

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

     31-10-26. Issuance of license. -- (a) Licenses – Valid form of identification. The division

of motor vehicles shall, upon payment of the required fee, issue to every qualifying applicant an

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

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

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

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

tissue or organs pursuant to the provisions of chapter 18.6 18.6.1 of title 23, and either a space

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

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

designated on it. A negative An electronic file of all photographs of licensees shall be maintained

by the division of motor vehicles for a period of five (5) years. Any applicant for a license under

this subsection shall be required by the division to provide a valid social security number unless

the applicant provides satisfactory proof that his or her presence in the United States is authorized

under federal law but he or she is ineligible for a social security number. A license issued under

this subsection shall be a valid form of identification for federal or state purposes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

presence in the United States.

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

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

Rhode Island Revised Uniform Anatomical Gift Act, chapter 18.6 18.6.1 of title 23.

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

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

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

division of fire safety or a member of the department of attorney general, any permanently

employed federal law enforcement officer assigned in Rhode Island, or any member of the United

States Attorney's Office in Rhode Island or any employee of the R.I. department of corrections, as

recommended by the director of the department of corrections, upon request of the applicant,

shall be issued a license which contains the applicant's official business address in lieu of a

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

      (d)(e) 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

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

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

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

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

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

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

operate a motor vehicle in the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

licensee which conform to the provisions of the Rhode Island Revised Uniform Anatomical Gift

Act, chapter 18.6 18.6.1 of title 23.

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

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

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

      (i)(j) Any personal digitized information contained within an operator's or chauffeur's

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

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

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

class.

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

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

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

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

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

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

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such entities shall be solely for the purpose of determining the age of an individual for a

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

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

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

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

the name of the entity.

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

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

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

license.

     SECTION 2. Chapter 31-10 of the General Laws entitled "Operators' and Chauffeurs'

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

     31-10-49. Driving privilege licenses and driving privilege permits. – (a) In order to

ensure that all drivers are knowledgeable of traffic safety laws and the safe operation of a motor

vehicle, the division of motor vehicles is authorized to issue driving privilege licenses and driving

privilege permits to any applicant who meets the licensure requirements of this chapter but is

unable to establish legal presence in the United States; provided, however, such applicant shall

submit the following documentation:

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

birth, and place of birth:

     (i) A foreign birth certificate;

     (ii) A valid unexpired foreign passport including a certified translation if the document is

not in English;

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

administrator; or

     (iv) Any other documentation deemed by the administrator to be reliable proof of the

applicant's name, date of birth, and place of birth; and

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

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

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

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

Territory;

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

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

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

     (vi) A certified school record;

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

     (viii) INS Forms I-688B and I-766 (Employment Authorization);

     (ix) An INS Form I-94; or

     (x) Homeland Security Form I-589; and

     (3) In order to comply with §§ 31-2-23 and 31-3-6.1, a valid unexpired individual tax

payer identification number or a social security card issued to the applicant by the U.S.

government;

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

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

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

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

for a driving privilege licenses or driving privilege permit; and

     (5) Two (2) forms of proof of Rhode Island residential address as set forth in rules and

regulations to be promulgated by the division of motor vehicles.

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

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

31-10-22 if they can provide one of the following:

     (i) A current valid driver's license issued by a state or U.S. territory, not to include

driving privilege licenses or similar privileges given by other states; or

     (ii) In the event the driver's license issued by another state or U.S. territory has expired by

less than one year, a certified driving record issued less than thirty (30) days prior to application

will be accepted.

     (c) Applicants under the age of eighteen (18) shall be required to comply with all of the

education and testing requirements set forth in §§ 31-10-19 through 31-10-22 and all of the

provisions of the graduated licenses statutes set forth in §§ 31-10-6 through 31-10-6.5.

     (d) Applicants eighteen (18) years of age and older who do not meet the driving

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

set forth in §§ 31-10-21 through 31-10-22.

     (e) For purposes of this title the term "license" shall include the "driving privilege

license" and "permit" shall include "driving privilege permit" as defined by this section and all

examinations, education requirements, residency requirements, penalties, fees and all other

provisions for a license or permit shall also apply to the driving privilege license and driving

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privilege permit.

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

conduct all renewals in person and comply with all documentation requirements in § 31-10-49

(a).

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

of identification for federal purposes or state voting purposes.

     (h) The applicant for a driving privilege license and the driving privilege permit shall be

required to comply with all other applicable Rhode Island laws and applicable rules and

regulations.

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

provisions of this section.

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

of the holder's citizenship or immigration status, and shall not be used as a basis for a criminal

investigation, arrest or detention in circumstances where a person with a regular driver's license

that was not issued under this section would be criminally investigated, arrested or detained.

     (k) It shall be a violation of law to discriminate against an individual because he or she

holds or presents a driving privilege permit or driving privilege license issued under this

subsection.

     (l) If the United States Department of Homeland Security determines a permit or license

issued pursuant to this section does not satisfy the requirements of Title 6 C.F.R. 37.71 adopted

pursuant to section 202(d)(11) of the Real ID Act of 2005 (Pub. L. 109-13) the division of motor

vehicles shall modify the permit or license to comply with the Real ID Act of 2005 and any

revisions made thereafter.

     SECTION 3. This act shall take effect on July 1, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSES

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     This act would allow the department of motor vehicles to issue driving privilege licenses

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

States. The driving privilege licenses and driving privilege permits are not valid for identification

purposes.

     This act would take effect on July 1, 2016.

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