2022 -- H 7939

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LC005422

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES -- STATE

IDENTIFICATION CARDS

     

     Introduced By: Representatives Alzate, Giraldo, and Barros

     Date Introduced: March 07, 2022

     Referred To: House Judiciary

     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 -- Identification

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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 having

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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 who

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is twenty-one (21) years or older;

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

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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)(i) 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 payment

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

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

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refugee document issued by the United States Citizenship and Immigration Services, including, but

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not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, 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, or a resident unable to establish lawful

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presence in the United States with proof of residency in this state who has a tax identification

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number doing business in this state, together with a document bearing the applicant's signature.

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     (ii) All filings, applications, information, evidence, and any other document filed pursuant

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to this section or the information contained on the identification card shall be deemed confidential

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documents and shall not be available for public inspection or disclosure absent a court order. This

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section shall not prohibit the entry of information into the state's systems of records or for

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administrative purposes to verify the authenticity of an identification card when presented or used

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by the individual issued the identification card.

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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 of

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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 required

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information and the card shall be encased in laminated plastic. The card shall be two inches (2") in

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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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2

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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9

10

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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 cards

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

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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 the 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 the 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 United

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

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

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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 that provides the same information as required by the book.

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That licensee or the licensee's employee shall require any person who has shown a document as set

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forth in this section substantiating his or her age to sign that book or to permit the taking of his or

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her photograph and indicate what document was presented. Use of the photographic reproduction

 

LC005422 - Page 3 of 8

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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 photograph

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taken before he or she is sold any alcoholic beverage and it is later determined that the person had

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

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evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling any

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alcoholic beverage to the person producing the document as set forth in this section misrepresenting

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his or her age.

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

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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 further

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

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

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dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by

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forty (40) hours of community service and will be further punished by a suspension of his or her

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motor vehicle operator's license or driving privileges for a period of three (3) months; and for the

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third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred

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fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by

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fifty (50) hours of community service and will be further punished by a suspension of his or her

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

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

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application.

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

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

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

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reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought

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

 

LC005422 - Page 4 of 8

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provisions of this section, then the police chief of the city or town where the incident took place

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will state the reason for his or her failure to charge the person who has not reached his or her twenty-

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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 or a resident unable to establish lawful presence in the United States and who has a tax

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identification number doing business in this state shall not confer the right to vote in the state of

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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)(i) 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 of

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

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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 Citizenship and Immigration Services including, but not

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

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

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Deferred Action for Childhood Arrivals program, or a resident unable to establish lawful presence

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in the United States with proof of residency in this state who has a tax identification number doing

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business in this state, together with a document bearing the applicant's signature. No person who

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holds an operator's license, issued by this state or any other state, shall be issued an identification

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card.

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     (ii) All filings, applications, information, evidence, and any other document filed pursuant

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to this section or the information contained on the identification card shall be deemed confidential

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documents and shall not be available for public inspection or disclosure absent a court order. This

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section shall not prohibit the entry of information into the state's systems of records or for

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administrative purposes to verify the authenticity of an identification card when presented or used

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by the individual issued the identification card.

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

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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

 

LC005422 - Page 5 of 8

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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 inches

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(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

7

8

Address

9

10

BIRTH RECORD

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Month Day Year

12

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 cards

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

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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 number

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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 United

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

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

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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

 

LC005422 - Page 6 of 8

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

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program or a resident unable to establish lawful presence in the United States who has a tax

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identification number doing business in this state shall not confer the right to vote in the state of

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Rhode Island.

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     SECTION 2. This act shall take effect on January 1, 2023.

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LC005422

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LC005422 - Page 7 of 8

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES -- STATE

IDENTIFICATION CARDS

***

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     This act would allow the division of motor vehicles to issue a state identification card to

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residents unable to establish lawful presence in the United States upon proof of residence in this

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state and a tax identification number doing business in this state. The state identification card would

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not be valid for voting purposes.

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     This act would take effect on on January 1, 2023.

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LC005422

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