2018 -- H 7982 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Maldonado, Corvese, Diaz, Filippi, and McNamara

     Date Introduced: March 22, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings – The general assembly hereby finds and declares as

follows:

     (1) Latinx Rhode Islanders are the fastest-growing demographic in the state and currently

make up approximately twenty percent (20%) of Rhode Island's population.

     (2) In 2012, President Obama implemented Deferred Action for Childhood Arrivals,

commonly referred to as “DACA,” which allowed young immigrants who entered the United

States as children, through no choice of their own, the opportunity to receive a renewable two-

year period of deferred action from deportation.

     (3) DACA youth are important members of Rhode Island communities and call Rhode

Island home. They have grown up in Rhode Island and most have no meaningful connection to

any place but Rhode Island, as their home.

     (4) DACA youth are a vital part of Rhode Island's schools, institutions of higher learning,

and workforce.

     (5) Recent executive action by the President of the United States has endangered the

future of the federal Deferred Action for Childhood Arrivals (DACA) program, putting the future

of Rhode Island's DACA recipients at risk.

     (6) It is in the interest of Rhode Island communities to support Rhode Island's DACA

recipients and provide measures to enable their continued education and engagement in the

workforce.

     (7) DACA recipients make real and meaningful contributions to the nation's economy

and account for approximately forty-two billion dollars ($42,000,000,000) in annual GDP. More

than ninety percent (90%) of DACA recipients age sixteen (16) years and above were employed

in 2015, earned nineteen billion nine hundred million dollars ($19,900,000,000) in income and

contributed roughly three billion dollars ($3,000,000,000) in taxes in that year alone.

     (8) Studies show that DACA recipients form businesses at higher rates than similarly

aged United States born workers and almost thirty-eight thousand (38,000) DACA recipients

nationwide were working as self-employed entrepreneurs in 2015 alone.

     (9) Forty-five percent (45%) of all DACA recipients are participating in education and

are a key part of our future. Of those who are in school seventy-two percent (72%) are pursuing a

bachelor's degree or higher.

     SECTION 2. 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) 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 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 file of all photographs of licensees shall be maintained

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

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

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

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program, provided any applicant subject to the DACA program shall provide evidence of having

received said grant from the United States Citizen and Immigration Services.

     (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 Anatomical Gift Act, chapter 18.6 of title 23.

     (c)(d) 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

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 to a person applying for the first time shall be 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 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 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 Anatomical Gift Act, chapter 18.6

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

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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

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.

     (n) Issuance of a Rhode Island operator's license under this chapter shall not confer the

right to vote in the state of Rhode Island.

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

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

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

Identification cards for persons twenty-one and older.

     (a) It is unlawful for:

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

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

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

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

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

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

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

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

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

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

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

which is issued by this state or any other state;

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

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

beverage to a minor.

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

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

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

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

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

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

688A, and Form I-688, and a form evidencing that the applicant is a current or past recipient of a

grant of deferred action under the Deferred Action for Childhood Arrivals program, together with

a document bearing the applicant's signature.

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

the fee.

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

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

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

be issued a Rhode Island identification card.

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

vehicles and by the applicant and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

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

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

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Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

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

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

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

solicitation of bids.

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

§ 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

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

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

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

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

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

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

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

ninth (59th) birthday.

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

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which is clearly marked "veteran", at no additional cost.

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

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

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

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

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

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

     (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

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

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

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

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

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

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

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

this section misrepresenting his or her age.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

year.

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

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

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

upon application.

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

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

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

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

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

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

or her twenty-first (21st) birthday.

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

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

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

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

     (g) Issuance of a Rhode Island identification card under this section shall not confer the

right to vote in the state of Rhode Island.

     3-8-6.1. Identification cards for persons under the age of 21.

     (a) (1) The administrator of the division of motor vehicles shall issue to any person upon

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

of twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate,

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

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

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

form evidencing that the applicant is a current or past recipient of a grant of deferred action under

the Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature. No person who holds an operator's license, issued by this state or any other

state, shall be issued an identification card.

     (2) The identification card shall be subject to renewal every five (5) years upon the

payment of a fee of twenty-five dollars ($25.00).

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

vehicles and also by the applicant, and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

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

IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

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………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

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

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

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

solicitation of bids.

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

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

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

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

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

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

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

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which is clearly marked "veteran", at no additional cost.

     (d) Issuance of a Rhode Island identification card under this section shall not confer the

right to vote in the state of Rhode Island.

     SECTION 4. This act shall take effect on December 3, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would continue the status quo relating to operator's and chauffeur's licenses to

approved recipients under the Deferred Action of Childhood Arrivals (DACA) program. This act

would also provide that the issuance of a Rhode Island operator's license shall not confer the right

to vote in the state of Rhode Island.

     This act would take effect on December 3, 2018.

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