2022 -- H 7939 SUBSTITUTE A | |
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LC005422/SUB A/2 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSE -- SAFE | |
ROADS AND MANDATORY INSURANCE | |
| |
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: | |
1 | SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 10.4 |
4 | DRIVER PRIVILEGE CARDS AND PERMITS |
5 | 31-10.4-1. Driver privilege cards and permits. |
6 | (a) Upon application of any person, who otherwise meets the requirements of chapter 10 |
7 | of this title, except is unable to establish legal presence in the United States, the division of motor |
8 | vehicles is authorized to issue a driver privilege card and/or driver privilege permit, to any |
9 | applicant, if the division of motor vehicles determines that the applicant: |
10 | (1) Has verification from the tax administrator that the applicant either has filed a personal |
11 | income tax return as a resident with this state for the tax year preceding the date of application or |
12 | has been claimed as a dependent on a personal income tax return by an individual who has filed a |
13 | personal income tax return as a resident with this state for the tax year preceding the date of |
14 | application; |
15 | (2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one |
16 | primary proof of identity document and one secondary proof of identity document, as defined in § |
17 | 31-10.4-5; |
18 | (3) Presents two (2) proof of residency documents, which shall mean, for purposes of this |
| |
1 | subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be |
2 | amended from time to time; and |
3 | (4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this |
4 | title. |
5 | (b) Notwithstanding any other provision of law to the contrary, the administrator of the |
6 | division of motor vehicles may provide information submitted by the applicant to the tax |
7 | administrator for the sole purpose of implementing subsection (a)(1) of this section, and such |
8 | information shall be kept confidential by the tax administrator. |
9 | 31-10.4-2. Issuance of driver privilege cards and permits. |
10 | (a) Driver privilege cards and permits shall confer the same privileges and shall be subject |
11 | to the same provisions of this title as driver's licenses and permits issued under chapter 10 of this |
12 | title, unless otherwise provided, and shall be subject to the following conditions and exceptions: |
13 | (1) The front and back of a driver privilege card or permit shall be identical in appearance |
14 | to a driver's license or permit, that is not a REAL ID credential; |
15 | (2) An applicant for a driver privilege card or permit, shall not be required to present proof |
16 | of legal presence in the United States or proof of a social security number, if the individual does |
17 | not have one; |
18 | (3) A driver privilege card or permit shall expire on the applicant's second birthday |
19 | following the date of its issuance; |
20 | (4) The fee for an original driver privilege card shall be fifty dollars ($50.00). Every driver |
21 | privilege card renewal issued after expiration of the original driver privilege card shall expire on |
22 | the birthday of the cardholder in the fifth year following the issuance of the driver privilege card, |
23 | with the exception of any person seventy-five (75) years or older whose driver privilege card shall |
24 | expire on the birthday of the cardholder in the second year following the issuance of the driver |
25 | privilege card, and shall be renewable on or before expiration upon application and payment of a |
26 | fee of thirty dollars ($30.00). No applicant shall be required to provide proof of compliance with § |
27 | 31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card or permit; and |
28 | (5) Any information collected pursuant to this section, that is not otherwise collected by |
29 | the division of motor vehicles or required for the issuance of any other driving credential issued |
30 | pursuant to the provisions of this chapter and any information regarding restrictions in the division |
31 | of motor vehicles' records, related to the issuance of a credential issued pursuant to this section, |
32 | shall not be considered a public record. The information shall not be released, except upon request |
33 | by the subject of the information, the parent of a minor who is the subject of the information, the |
34 | guardian of the subject of the information, or the authorized representative of the subject of the |
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1 | information, or pursuant to a court order. |
2 | (b) Applicants for a driving privilege card will not be required to comply with successful |
3 | completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if |
4 | they can provide one of the following: |
5 | (1) A current valid driver's license, or one that has expired by less than five (5) years, issued |
6 | by a state or U.S. territory, whose driving records are accessible through the Problem Driver Pointer |
7 | System maintained by the National Driver Register; or |
8 | (2) In the event the driver's license issued by another state or U.S. territory is not available |
9 | at the time the application is made, or the driving records of the issuing state or territory are not |
10 | accessible through the Problem Driver Pointer System maintained by the National Driver Register, |
11 | a certified driving record issued less than thirty (30) days prior to application will be accepted. |
12 | (c) Applicants under the age of eighteen (18) shall be required to comply with all of the |
13 | education and testing requirements, set forth in §§ 31-10-19 through 31-10-22 and all of the |
14 | provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5. |
15 | (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience |
16 | requirement in this chapter, shall be required to comply with all testing requirements set forth in §§ |
17 | 31-10-21 through 31-10-22. |
18 | (e) Unless they are in conflict with the provisions of this chapter or the context in which |
19 | they are used clearly requires a different meaning or a different definition as prescribed for a |
20 | particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15, |
21 | chapter 12 of title 24, and chapter 18.1 of title 39, the terms "license" and "operator's license" shall |
22 | include the "driver privilege card," and "permit" shall include "driver privilege permit" as defined |
23 | by this section, and all examinations, education requirements, residency requirements, penalties, |
24 | fees and all other provisions for a license, operator's license, or permit shall also apply to the driver |
25 | privilege card and driver privilege permit. |
26 | (f) The driving privilege card and the driving privilege permit shall not be a valid form of |
27 | identification for official federal purposes or state voting purposes. |
28 | (g) The applicant for a driving privilege card and the driving privilege permit shall be |
29 | required to comply with all other applicable Rhode Island laws, rules and regulations. |
30 | (h) A driver privilege card or a driver privilege permit shall not be used as evidence of the |
31 | holder's citizenship or immigration status, and shall not be used as a basis for a criminal |
32 | investigation, arrest or detention in circumstances where a person with a regular driver's license |
33 | would not be criminally investigated, arrested or detained. Any person aggrieved by a violation of |
34 | this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded |
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1 | damages and costs, including attorneys' fees. |
2 | (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual |
3 | solely on the ground that they hold or present a driving privilege card or driving privilege permit, |
4 | issued under this section. |
5 | 31-10.4-3. Confidentiality of documents -- Privacy. |
6 | (a) The division of motor vehicles shall not release the following information, relating to |
7 | the issuance of a driver privilege card or permit, except upon request by the subject of the |
8 | information, the parent of a minor who is the subject of the information, the guardian of the subject |
9 | of the information, or the authorized representative of the subject of the information, or pursuant to |
10 | a court order: |
11 | (1) Proof documents submitted for the purpose of obtaining a driver privilege card or |
12 | permit; |
13 | (2) The information in the division of motor vehicles' records indicating the type of proof |
14 | documentation that was provided; or |
15 | (3) Applications. |
16 | (b) Notwithstanding any other law to the contrary, any document, including photo images, |
17 | provided by the applicant to the division of motor vehicles for purposes of proving the applicant's |
18 | eligibility for a non-commercial driver's license or permit or for renewal of such license or permit |
19 | under this section is not a public record and may not be disclosed by the division, except to the |
20 | person who is the subject of such records or in response to a subpoena for individual records in a |
21 | criminal proceeding or pursuant to a lawful court order. |
22 | (c) The division, and any agent or employee of the division, shall not disclose or make |
23 | accessible in any manner, records or information that he or she obtains or maintains under this |
24 | section, including photo images, to any federal, state or municipal agency or to any employee or |
25 | agent of such agency for the purpose of enforcing immigration law, unless the division is presented |
26 | with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of |
27 | the United States constitution. |
28 | (1) Upon receiving a request for such records or information, the division shall, no later |
29 | than three (3) days after such request, notify the individual, about whom such information was |
30 | requested, informing the individual of the request and the identity of the agency that made the |
31 | request. |
32 | (d) The division shall require any agency or entity that receives or has access to records or |
33 | information from the division, including photo images, to certify, before such receipt or access, that |
34 | such person or entity shall not: |
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1 | (1) Use such records or information for immigration enforcement purposes; or |
2 | (2) Disclose such records or information to any other agency or entity, or to any employee |
3 | or agent of any such agency or entity, unless that other agency or entity also certifies that the |
4 | information will not be used for purposes of enforcing immigration law. |
5 | 31-10.4-4. Rules and regulations. |
6 | The administrator of the division of motor vehicles shall promulgate rules and regulations |
7 | to implement the provisions of this chapter. |
8 | 31-10.4-5. Definitions. |
9 | For purposes of this chapter: |
10 | (1) "Primary proof of identity document" means any of the following documents that bear |
11 | the applicant's legal name and date of birth: |
12 | (i) A valid foreign passport issued by an applicant's country of citizenship that is unexpired |
13 | or expired for less than five (5) years; |
14 | (ii) A valid, unexpired consular identification document issued by an applicant's country |
15 | of citizenship; |
16 | (iii) An employment authorization document; |
17 | (iv) A refugee travel document (I-571); |
18 | (v) A valid driver's license issued by a state of the United States with the applicant's |
19 | photograph, signature, and date of birth that is unexpired or expired for less than five (5) years; or |
20 | (vi) Any other document sufficient to prove the applicant's identity as determined by the |
21 | division of motor vehicles. |
22 | (2) "Secondary proof of identity document" means any of the following documents that |
23 | bear the applicant's legal name: |
24 | (i) A valid driver privilege card or state identification card issued by a state or territory of |
25 | the United States that is unexpired or expired for less than five (5) years; |
26 | (ii) An original or certified copy of a foreign birth certificate; |
27 | (iii) A foreign driver's license; |
28 | (iv) A valid foreign national identification card; |
29 | (v) A marriage certificate issued by a state or territory of the United States; |
30 | (vi) A divorce decree issued by a state or territory of the United States; |
31 | (vii) A court order for adoption, name change or gender change issued by a court of the |
32 | United States or a court of a state of the United States that contains a court seal; |
33 | (viii) A U.S. permit to Reenter Travel Document (I-327); |
34 | (ix) A USCIS form I-797; |
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1 | (x) A certified copy of school records or a school transcript issued by a school accredited |
2 | by a state, jurisdiction or territory of the United States; |
3 | (xi) A U.S. Merchant Mariners Card; |
4 | (xii) A U.S. Selective Service Card; |
5 | (xiii) A U.S. Military DD214 or DD256; |
6 | (xiv) A Veteran Administration Identification card with photograph; |
7 | (xv) A Transportation Workers Identification Credential; |
8 | (xvi) A U.S. Active Duty/Retiree/Reservist/Dependent Military ID card (DD-2 or Common |
9 | Access card); |
10 | (xvii) A U.S. Customs and Border Protection FAST card; |
11 | (xviii) An individual taxpayer identification number assignment letter; or |
12 | (xix) Any other document sufficient to prove the applicant's identity as determined by the |
13 | division of motor vehicles. |
14 | (3) Any primary proof of identity document or secondary proof of identity document that |
15 | is in a language other than English shall be accompanied by a certified English translation of such |
16 | document. Proof of change to the name contained on the applicant's primary proof of identity |
17 | document or secondary proof of identity document must be demonstrated with a document issued |
18 | by an authorized government agency. |
19 | SECTION 2. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled |
20 | "Regulation of Sales" are hereby amended to read as follows: |
21 | 3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification |
22 | cards for persons twenty-one and older. |
23 | (a) It is unlawful for: |
24 | (1) A person who has not reached his or her twenty-first (21st) birthday to enter any |
25 | premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having |
26 | served or delivered to him or her alcoholic beverages; or |
27 | (2) A person who has not reached his or her twenty-first (21st) birthday to consume any |
28 | alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, |
29 | attempt to purchase, or have another purchase for him or her any alcoholic beverage; or |
30 | (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or |
31 | to misrepresent his or her age through the presentation of any of the following documents: |
32 | (i) An armed service identification card, valid passport, the identification card license, or |
33 | any other documentation used for identification purposes that may belong to any other person who |
34 | is twenty-one (21) years or older; |
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1 | (ii) A motor vehicle operator's license or a driver privilege card issued pursuant to § 31- |
2 | 10.4-2 that bears the date of birth of the licensee and that is issued by this state or any other state; |
3 | (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of |
4 | inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic |
5 | beverage to a minor. |
6 | (b)(1) The administrator of the division of motor vehicles shall issue to any person who |
7 | has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment |
8 | of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal |
9 | certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or |
10 | refugee document issued by the United States Citizenship and Immigration Services, including, but |
11 | not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a |
12 | form evidencing that the applicant is a current or past recipient of a grant of deferred action under |
13 | the Deferred Action for Childhood Arrivals program, together with a document bearing the |
14 | applicant's signature. |
15 | (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay |
16 | the fee. |
17 | (3) Each registration card shall be subject to renewal every five (5) years upon payment of |
18 | a fee of twenty-five dollars ($25). |
19 | (4) No person who holds an operator's license or a driver privilege card issued by this state |
20 | or any other state shall be issued a Rhode Island identification card. |
21 | (5) The identification card shall be signed by the administrator of the division of motor |
22 | vehicles and by the applicant and his or her picture shall appear on the card along with the required |
23 | information and the card shall be encased in laminated plastic. The card shall be two inches (2") in |
24 | height and four inches (4") in length and shall be printed in the following form: |
25 | RHODE ISLAND IDENTIFICATION CARD |
26 | Date Issued No. |
27 | First Name Middle Name Last Name |
28 |
|
29 | Address |
30 |
|
31 | BIRTH RECORD |
32 | Month Day Year |
33 | Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt. |
34 | ………… ………… …… …… …… |
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1 | Issued by |
2 | Administrator of the Division of Motor Vehicles |
3 |
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4 |
|
5 |
|
6 | Administrator |
7 | (6) The identification cards shall be produced at the adult correctional institutions if they |
8 | have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards |
9 | shall be manufactured by the lowest responsible bidder following advertisement for the solicitation |
10 | of bids. |
11 | (7) The identification cards shall be clearly distinguishable from those issued pursuant to |
12 | § 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31. |
13 | (8) Any person who has been designated as permanently and totally disabled by the social |
14 | security administration or who upon certification by an optometrist, ophthalmologist, or physician |
15 | that a holder of a valid and current motor vehicle operator's license is no longer able to operate a |
16 | motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon |
17 | request, a Rhode Island identification card for the unexpired term of the person's motor vehicle |
18 | operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the |
19 | standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty- |
20 | ninth (59th) birthday. |
21 | (9) The administrator of the division of motor vehicles shall, upon presentation of a United |
22 | States Department of Defense (DD) FORM 214 or other acceptable documentation of military |
23 | service and verification of an honorable discharge, issue an identification card to the presenter that |
24 | is clearly marked "veteran," at no additional cost. |
25 | (c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or |
26 | photographic reproduction equipment that provides the same information as required by the book. |
27 | That licensee or the licensee's employee shall require any person who has shown a document as set |
28 | forth in this section substantiating his or her age to sign that book or to permit the taking of his or |
29 | her photograph and indicate what document was presented. Use of the photographic reproduction |
30 | equipment is voluntary for every Class A, B, C and D licensee. |
31 | (2) The sign-in-as-minor book and photographic reproduction equipment shall be |
32 | prescribed, published, and approved at the direction and control of the division. The book shall |
33 | contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be |
34 | distributed at a cost not to exceed seven dollars ($7.00). |
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1 | (3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph |
2 | taken before he or she is sold any alcoholic beverage and it is later determined that the person had |
3 | not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie |
4 | evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling any |
5 | alcoholic beverage to the person producing the document as set forth in this section misrepresenting |
6 | his or her age. |
7 | (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of |
8 | the licensee and/or the licensee's agent or servant for an alleged violation of this section. |
9 | (d)(1) Any person who violates this section shall be punished for the first offense by a |
10 | mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars |
11 | ($500) and shall be further punished by thirty (30) hours of community service and shall be further |
12 | punished by a suspension of his or her motor vehicle operator's license or driving privileges for a |
13 | period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred |
14 | dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by |
15 | forty (40) hours of community service and will be further punished by a suspension of his or her |
16 | motor vehicle operator's license or driving privileges for a period of three (3) months; and for the |
17 | third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred |
18 | fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by |
19 | fifty (50) hours of community service and will be further punished by a suspension of his or her |
20 | motor vehicle operator's license or driving privileges for a period of one year. |
21 | (2) Any suspension of an operator's license or driving privilege pursuant to this section |
22 | shall not operate to affect the insurance rating of the offender and any operator's license or driving |
23 | privilege suspended pursuant to this section shall be reinstated without further expense upon |
24 | application. |
25 | (e) Within thirty (30) days after this incident the police chief of the city or town where the |
26 | incident took place is directed to inform, in writing, the department of business regulation whether |
27 | or not charges in accordance with this section have been preferred against a person who has not |
28 | reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought |
29 | against any person who has not reached his or her twenty-first (21st) birthday and has violated the |
30 | provisions of this section, then the police chief of the city or town where the incident took place |
31 | will state the reason for his or her failure to charge the person who has not reached his or her twenty- |
32 | first (21st) birthday. |
33 | (f) The Rhode Island identification card may be withdrawn at any time for just cause, at |
34 | the discretion of the administrator of the division of motor vehicles. The administrator of the |
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1 | division of motor vehicles shall keep a record of the cards issued and each card shall contain an |
2 | identification number specifically assigned to the person to whom the card was issued. |
3 | (g) Issuance of a Rhode Island identification card under this section to a current or past |
4 | recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) |
5 | program shall not confer the right to vote in the state of Rhode Island. |
6 | 3-8-6.1. Identification cards for persons under the age of 21. |
7 | (a)(1) The administrator of the division of motor vehicles shall issue to any person upon |
8 | request, who is under twenty-one (21) years of age, an identification card upon payment of a fee of |
9 | twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or |
10 | U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee |
11 | document issued by the United States Citizenship and Immigration Services including, but not |
12 | limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form |
13 | evidencing that the applicant is a current or past recipient of a grant of deferred action under the |
14 | Deferred Action for Childhood Arrivals program, together with a document bearing the applicant's |
15 | signature. No person who holds an operator's license or a driving privilege card, issued by this state |
16 | or any other state, shall be issued an identification card. |
17 | (2) The identification card shall be subject to renewal every five (5) years upon the payment |
18 | of a fee of twenty-five dollars ($25.00). |
19 | (3) The identification card shall be signed by the administrator of the division of motor |
20 | vehicles and also by the applicant, and his or her picture shall appear on the card along with the |
21 | required information and the card shall be encased in laminated plastic. The card shall be two inches |
22 | (2") in height and four inches (4") in length and shall be printed in the following form: |
23 | IDENTIFICATION CARD |
24 | Date Issued No. |
25 | First Name Middle Name Last Name |
26 |
|
27 | Address |
28 |
|
29 | BIRTH RECORD |
30 | Month Day Year |
31 | Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt. |
32 | ………… ………… …… …… …… |
33 | Issued by |
34 | Administrator of the Division of Motor Vehicles |
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1 |
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2 |
|
3 |
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4 | Administrator |
5 | (4) The identification cards shall be produced at the adult correctional institution if they |
6 | have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards |
7 | shall be manufactured by the lowest responsible bidder following advertisement for the solicitation |
8 | of bids. |
9 | (5) The identification cards shall be clearly distinguishable from those issued pursuant to |
10 | § 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31. |
11 | (b) The identification card may be withdrawn at any time for just cause, at the discretion |
12 | of the administrator of the division of motor vehicles. The administrator of the division of motor |
13 | vehicles shall keep a record of the cards issued and each card shall contain an identification number |
14 | specifically assigned to the person to whom the card was issued. |
15 | (c) The administrator of the division of motor vehicles shall, upon presentation of a United |
16 | States Department of Defense (DD) FORM 214 or other acceptable documentation of military |
17 | service and verification of an honorable discharge, issue an identification card to the presenter that |
18 | is clearly marked "veteran," at no additional cost. |
19 | (d) Issuance of a Rhode Island identification card under this section to a current or past |
20 | recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) |
21 | program shall not confer the right to vote in the state of Rhode Island. |
22 | SECTION 4. Section 44-30-95 of the General Laws in Chapter 44-30 entitled "Personal |
23 | Income Tax" is hereby amended to read as follows: |
24 | 44-30-95. General powers of tax administrator. |
25 | (a) General. The tax administrator shall administer and enforce the Rhode Island personal |
26 | income tax and is authorized to make any rules and regulations, and to require any facts and |
27 | information to be reported, that he or she may deem necessary to enforce the tax. The provisions |
28 | of chapter 1 of this title relating to the tax administrator shall be applicable to the Rhode Island |
29 | personal income tax. |
30 | (b) Examination of books and witnesses. The tax administrator, for the purpose of |
31 | ascertaining the correctness of any return, or for the purpose of making an estimate of Rhode Island |
32 | income of any person where information has been obtained, shall have the power to examine or to |
33 | cause to have examined, by any agent or representative designated by the tax administrator for that |
34 | purpose, any books, papers, records, or memoranda bearing upon the matters required to be |
| LC005422/SUB A/2 - Page 11 of 14 |
1 | included in the return, and may require the attendance of the person rendering the return or any |
2 | officer or employee of the person, or the attendance of any other person having knowledge in the |
3 | premises, and may take testimony and require proof material for its information, with power to |
4 | administer oaths to the person or persons. |
5 | (c) Secrecy requirement. It shall be unlawful for any state official or employee to divulge |
6 | or to make known to any person in any manner whatever not provided by law the amount or source |
7 | of income, profits, losses, expenditures, or any particular of them set forth or disclosed in any |
8 | return, or to permit any return or copy of the return or any book containing any abstract or |
9 | particulars thereof to be seen or examined by any person except as provided by law. It shall be |
10 | unlawful for any person to print or publish in any manner whatever not provided by law any return |
11 | or any part thereof or source of income, profits, losses, or expenditures appearing in any return. |
12 | Any offense against the foregoing provision shall be punished by a fine not exceeding one thousand |
13 | dollars ($1,000), or by imprisonment not exceeding one year, or both, at the discretion of the court. |
14 | If the offender is an officer or employee of the state of Rhode Island, the offender may be dismissed |
15 | from office or discharged from employment. |
16 | (d) Interstate and federal agreements. The governor or the tax administrator may enter into |
17 | agreements with tax officials of other states and the federal government to provide for the exchange |
18 | of information and to apportion or otherwise equitably determine taxes for the purposes of carrying |
19 | out the provisions of § 44-30-18 and otherwise avoiding multiple taxation. |
20 | (e) Income tax claims of other states. The courts of this state shall recognize and enforce |
21 | liabilities for personal income taxes lawfully imposed by any other state which extends a like |
22 | comity to this state, and the duly authorized officer of any other state may sue for the collection of |
23 | a tax in the courts of this state. A certificate by the secretary of state of the other state that an officer |
24 | suing for the collection of a tax is duly authorized to collect the tax shall be conclusive proof of |
25 | that authority. For the purposes of this section, the word "taxes" shall include additions to tax, |
26 | interest, and penalties, and liability for taxes, additions to tax, interest and penalties shall be |
27 | recognized and enforced by the courts of this state to the same extent that the laws of the other state |
28 | permit the enforcement in its courts of liability for taxes, additions to tax, interest, and penalties |
29 | due this state under this part. |
30 | (f) Small tax balances. The tax administrator is authorized to abate the unpaid portion of |
31 | the assessment of any tax, or any liability in respect thereof, if the administrator determines under |
32 | uniform rules prescribed by him or her that the administration and collection costs involved would |
33 | not warrant collection of the amount due. |
34 | (g) Limited disclosure of information -- Retirement board. The tax administrator shall |
| LC005422/SUB A/2 - Page 12 of 14 |
1 | disclose to the retirement board of the state of Rhode Island information needed by the board to |
2 | implement the provisions of §§ 16-16-19, 16-16-24, 36-10-17, 36-10-36, 45-21-24, and 45-21-54. |
3 | The content and nature of the information to be disclosed shall be determined and approved by the |
4 | tax administrator and shall be kept confidential by the board. |
5 | (h) Limited disclosure of information -- Jury Commissioner. The tax administrator shall |
6 | disclose to the jury commissioners of the State of Rhode Island information needed by him or her |
7 | to implement provisions of § 9-9-1(d). |
8 | (i) Limited disclosure of information -- Unclaimed Property Administrator. The tax |
9 | administrator shall disclose to the unclaimed property administrator of the state of Rhode Island, |
10 | who is the administrator as defined in § 33-21.1-1, information needed by the unclaimed property |
11 | administrator to implement the provisions of § 33-21.1-24. The content and nature of the |
12 | information to be disclosed shall be determined and approved by the tax administrator, but shall be |
13 | the minimum necessary to implement § 33-21.1-24 and shall be kept confidential by the unclaimed |
14 | property administrator. The unclaimed property administrator and their employees or agents shall |
15 | be subject to the same state and federal tax confidentiality laws restricting the acquisition, use, |
16 | storage, dissemination or publication of confidential taxpayer data that apply to Rhode Island |
17 | division of taxation officers, agents and employees. Such provisions, include, but are not limited |
18 | to, §§ 44-1-14, 44-11-21, 44-14-23, 44-19-30, 44-30-95, and 44-44-22; 26 U.S.C. § 6103, and 26 |
19 | U.S.C. § 7213. It is the unclaimed property administrator's responsibility to ensure that their |
20 | employees and agents are aware of these obligations. |
21 | (j) Limited disclosure of information -- Division of motor vehicles. The tax administrator |
22 | shall disclose to the division of motor vehicles information needed to implement the provisions of |
23 | § 31-10.4-1(a)(1). The content and nature of the information to be disclosed shall be determined |
24 | and approved by the tax administrator, but shall be the minimum necessary to implement § 31- |
25 | 10.4-1(a)(1) and shall be kept confidential by the division of motor vehicles. |
26 | SECTION 5. This act shall take effect on July 1, 2023. |
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LC005422/SUB A/2 | |
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| LC005422/SUB A/2 - Page 13 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSE -- SAFE | |
ROADS AND MANDATORY INSURANCE | |
*** | |
1 | This act would allow the division of motor vehicles to issue driving privilege cards and |
2 | driving privilege permits, to applicants unable to establish their lawful presence in the United |
3 | States. The driving privilege cards and driving privilege permits would not be valid for |
4 | identification purposes. |
5 | This act would take effect on July 1, 2023. |
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LC005422/SUB A/2 | |
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