2018 -- S 2678 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: Senators McCaffrey, Ciccone, Quezada, Metts, and Goodwin

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-10-26 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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     31-10-26. Issuance of license.

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     (a) The division of motor vehicles shall, upon payment of the required fee, issue to every

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qualifying applicant an operator's or chauffeur's license. The license shall be approximately two

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

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a distinguishing number assigned to the licensee, the full name, date of birth, residence address,

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brief description of the licensee, a photograph of the licensee, whether the licensee has indicated a

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

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

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

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the licensee designated on it. A negative file of all photographs of licensees shall be maintained

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

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

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

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

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

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

 

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

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

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

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     (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

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

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

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

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

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

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

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

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     (d)(e) The license issued to a person applying for the first time shall be designated as a

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"first license". A first license shall be issued for a one year period after which time a permanent

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

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     (e)(f) If an applicant has been adjudicated for committing one moving motor vehicle

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violation, has been involved in one reportable motor vehicle accident, or both, he or she shall be

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summoned for a hearing before a judge of the traffic tribunal at which time the driving record will

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be reviewed. The traffic tribunal judge shall determine if the person should be granted an

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operator's license, be reissued a first license, or be denied a license to operate a motor vehicle in

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the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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licensee which conform to the provisions of the Rhode Island Anatomical Gift Act, chapter 18.6

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of title 23.

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

 

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

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

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

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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

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

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class.

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

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

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

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

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

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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

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

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

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

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

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the name of the entity.

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

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

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

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license.

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     (n) Issuance of a Rhode Island operator's license under this chapter to a current or past

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

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program shall not confer the right to vote in the state of Rhode Island.

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     SECTION 2. 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.

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     (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, and a form evidencing that the applicant is a current or past recipient of a

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

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

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………… ………… …… …… ……

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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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§ 3-8-6.1 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 or other acceptable documentation of

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

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presenter which is clearly marked "veteran", at no 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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     (g) Issuance of a Rhode Island identification card under this section to a current or past

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

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program shall not confer the right to vote in the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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state, shall be issued an identification card.

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

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

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

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………… ………… …… …… ……

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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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§ 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 or other acceptable documentation of

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

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

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     (d) Issuance of a Rhode Island identification card under this section to a current or past

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

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program shall not confer the right to vote in the state of Rhode Island.

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     SECTION 3. 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

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

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

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to vote in the state of Rhode Island.

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     This act would take effect on December 3, 2018.

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