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:

     SECTION 1. 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:

     (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 that bears the date of birth of the licensee and that 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)(i) 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 Citizenship and Immigration Services, including, but

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

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

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

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

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

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

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

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

by the individual issued the identification card.

     (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

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BIRTH RECORD

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 the 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 the 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 that

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 that provides the same information as required by the book.

That licensee 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

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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

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

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provisions of this section, then the police chief of the city or town where the incident 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 to a current or past

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

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

identification number doing business in this state 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)(i) 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 Citizenship and Immigration Services including, but not

limited to, any one of the following: Form I-551, Form I-94, Form I-688A, 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, or a resident unable to establish lawful presence

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

business in this state, 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.

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

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

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

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

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

by the individual issued the 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

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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.

………… ………… …… …… ……

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 that

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

     (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)

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

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

Rhode Island.

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

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LC005422

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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

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

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

not be valid for voting purposes.

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

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LC005422

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