2022 -- H 7939 SUBSTITUTE A

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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 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:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 10.4

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DRIVER PRIVILEGE CARDS AND PERMITS

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     31-10.4-1. Driver privilege cards and permits.

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     (a) Upon application of any person, who otherwise meets the requirements of chapter 10

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of this title, except is unable to establish legal presence in the United States, the division of motor

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vehicles is authorized to issue a driver privilege card and/or driver privilege permit, to any

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applicant, if the division of motor vehicles determines that the applicant:

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     (1) Has verification from the tax administrator that the applicant either has filed a personal

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income tax return as a resident with this state for the tax year preceding the date of application or

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has been claimed as a dependent on a personal income tax return by an individual who has filed a

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personal income tax return as a resident with this state for the tax year preceding the date of

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application;

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     (2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one

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primary proof of identity document and one secondary proof of identity document, as defined in §

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31-10.4-5;

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     (3) Presents two (2) proof of residency documents, which shall mean, for purposes of this

 

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subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be

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amended from time to time; and

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     (4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this

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title.

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     (b) Notwithstanding any other provision of law to the contrary, the administrator of the

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division of motor vehicles may provide information submitted by the applicant to the tax

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administrator for the sole purpose of implementing subsection (a)(1) of this section, and such

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information shall be kept confidential by the tax administrator.

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     31-10.4-2. Issuance of driver privilege cards and permits.

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     (a) Driver privilege cards and permits shall confer the same privileges and shall be subject

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to the same provisions of this title as driver's licenses and permits issued under chapter 10 of this

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title, unless otherwise provided, and shall be subject to the following conditions and exceptions:

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     (1) The front and back of a driver privilege card or permit shall be identical in appearance

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to a driver's license or permit, that is not a REAL ID credential;

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     (2) An applicant for a driver privilege card or permit, shall not be required to present proof

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of legal presence in the United States or proof of a social security number, if the individual does

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not have one;

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     (3) A driver privilege card or permit shall expire on the applicant's second birthday

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following the date of its issuance;

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     (4) The fee for an original driver privilege card shall be fifty dollars ($50.00). Every driver

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privilege card renewal issued after expiration of the original driver privilege card shall expire on

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the birthday of the cardholder in the fifth year following the issuance of the driver privilege card,

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with the exception of any person seventy-five (75) years or older whose driver privilege card shall

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expire on the birthday of the cardholder in the second year following the issuance of the driver

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privilege card, and shall be renewable on or before expiration upon application and payment of a

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fee of thirty dollars ($30.00). No applicant shall be required to provide proof of compliance with §

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31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card or permit; and

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     (5) Any information collected pursuant to this section, that is not otherwise collected by

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the division of motor vehicles or required for the issuance of any other driving credential issued

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pursuant to the provisions of this chapter and any information regarding restrictions in the division

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of motor vehicles' records, related to the issuance of a credential issued pursuant to this section,

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shall not be considered a public record. The information shall not be released, except upon request

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by the subject of the information, the parent of a minor who is the subject of the information, the

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guardian of the subject of the information, or the authorized representative of the subject of the

 

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information, or pursuant to a court order.

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     (b) Applicants for a driving privilege card will not be required to comply with successful

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completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if

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they can provide one of the following:

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     (1) A current valid driver's license, or one that has expired by less than five (5) years, issued

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by a state or U.S. territory, whose driving records are accessible through the Problem Driver Pointer

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System maintained by the National Driver Register; or

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     (2) In the event the driver's license issued by another state or U.S. territory is not available

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at the time the application is made, or the driving records of the issuing state or territory are not

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accessible through the Problem Driver Pointer System maintained by the National Driver Register,

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a certified driving record issued less than thirty (30) days prior to application will be accepted.

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     (c) Applicants under the age of eighteen (18) shall be required to comply with all of the

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education and testing requirements, set forth in §§ 31-10-19 through 31-10-22 and all of the

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provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5.

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     (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience

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requirement in this chapter, shall be required to comply with all testing requirements set forth in §§

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31-10-21 through 31-10-22.

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     (e) Unless they are in conflict with the provisions of this chapter or the context in which

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they are used clearly requires a different meaning or a different definition as prescribed for a

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particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15,

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chapter 12 of title 24, and chapter 18.1 of title 39, the terms "license" and "operator's license" shall

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include the "driver privilege card," and "permit" shall include "driver privilege permit" as defined

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by this section, and all examinations, education requirements, residency requirements, penalties,

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fees and all other provisions for a license, operator's license, or permit shall also apply to the driver

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privilege card and driver privilege permit.

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     (f) The driving privilege card and the driving privilege permit shall not be a valid form of

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identification for official federal purposes or state voting purposes.

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     (g) The applicant for a driving privilege card and the driving privilege permit shall be

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required to comply with all other applicable Rhode Island laws, rules and regulations.

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     (h) A driver privilege card or a driver privilege permit shall not be used as evidence of the

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holder's citizenship or immigration status, and shall not be used as a basis for a criminal

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investigation, arrest or detention in circumstances where a person with a regular driver's license

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would not be criminally investigated, arrested or detained. Any person aggrieved by a violation of

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this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded

 

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damages and costs, including attorneys' fees.

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     (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual

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solely on the ground that they hold or present a driving privilege card or driving privilege permit,

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issued under this section.

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     31-10.4-3. Confidentiality of documents -- Privacy.

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     (a) The division of motor vehicles shall not release the following information, relating to

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the issuance of a driver privilege card or permit, except upon request by the subject of the

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information, the parent of a minor who is the subject of the information, the guardian of the subject

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of the information, or the authorized representative of the subject of the information, or pursuant to

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a court order:

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     (1) Proof documents submitted for the purpose of obtaining a driver privilege card or

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permit;

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     (2) The information in the division of motor vehicles' records indicating the type of proof

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documentation that was provided; or

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     (3) Applications.

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     (b) Notwithstanding any other law to the contrary, any document, including photo images,

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provided by the applicant to the division of motor vehicles for purposes of proving the applicant's

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eligibility for a non-commercial driver's license or permit or for renewal of such license or permit

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under this section is not a public record and may not be disclosed by the division, except to the

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person who is the subject of such records or in response to a subpoena for individual records in a

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criminal proceeding or pursuant to a lawful court order.

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     (c) The division, and any agent or employee of the division, shall not disclose or make

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accessible in any manner, records or information that he or she obtains or maintains under this

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section, including photo images, to any federal, state or municipal agency or to any employee or

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agent of such agency for the purpose of enforcing immigration law, unless the division is presented

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with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of

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the United States constitution.

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     (1) Upon receiving a request for such records or information, the division shall, no later

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than three (3) days after such request, notify the individual, about whom such information was

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requested, informing the individual of the request and the identity of the agency that made the

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request.

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     (d) The division shall require any agency or entity that receives or has access to records or

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information from the division, including photo images, to certify, before such receipt or access, that

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such person or entity shall not:

 

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     (1) Use such records or information for immigration enforcement purposes; or

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     (2) Disclose such records or information to any other agency or entity, or to any employee

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or agent of any such agency or entity, unless that other agency or entity also certifies that the

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information will not be used for purposes of enforcing immigration law.

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     31-10.4-4. Rules and regulations.

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     The administrator of the division of motor vehicles shall promulgate rules and regulations

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to implement the provisions of this chapter.

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     31-10.4-5. Definitions.

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     For purposes of this chapter:

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     (1) "Primary proof of identity document" means any of the following documents that bear

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the applicant's legal name and date of birth:

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     (i) A valid foreign passport issued by an applicant's country of citizenship that is unexpired

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or expired for less than five (5) years;

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     (ii) A valid, unexpired consular identification document issued by an applicant's country

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of citizenship;

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     (iii) An employment authorization document;

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     (iv) A refugee travel document (I-571);

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     (v) A valid driver's license issued by a state of the United States with the applicant's

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photograph, signature, and date of birth that is unexpired or expired for less than five (5) years; or

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     (vi) Any other document sufficient to prove the applicant's identity as determined by the

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division of motor vehicles.

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     (2) "Secondary proof of identity document" means any of the following documents that

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bear the applicant's legal name:

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     (i) A valid driver privilege card or state identification card issued by a state or territory of

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the United States that is unexpired or expired for less than five (5) years;

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     (ii) An original or certified copy of a foreign birth certificate;

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     (iii) A foreign driver's license;

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     (iv) A valid foreign national identification card;

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     (v) A marriage certificate issued by a state or territory of the United States;

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     (vi) A divorce decree issued by a state or territory of the United States;

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     (vii) A court order for adoption, name change or gender change issued by a court of the

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United States or a court of a state of the United States that contains a court seal;

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     (viii) A U.S. permit to Reenter Travel Document (I-327);

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     (ix) A USCIS form I-797;

 

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     (x) A certified copy of school records or a school transcript issued by a school accredited

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by a state, jurisdiction or territory of the United States;

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     (xi) A U.S. Merchant Mariners Card;

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     (xii) A U.S. Selective Service Card;

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     (xiii) A U.S. Military DD214 or DD256;

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     (xiv) A Veteran Administration Identification card with photograph;

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     (xv) A Transportation Workers Identification Credential;

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     (xvi) A U.S. Active Duty/Retiree/Reservist/Dependent Military ID card (DD-2 or Common

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Access card);

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     (xvii) A U.S. Customs and Border Protection FAST card;

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     (xviii) An individual taxpayer identification number assignment letter; or

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     (xix) Any other document sufficient to prove the applicant's identity as determined by the

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division of motor vehicles.

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     (3) Any primary proof of identity document or secondary proof of identity document that

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is in a language other than English shall be accompanied by a certified English translation of such

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document. Proof of change to the name contained on the applicant's primary proof of identity

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document or secondary proof of identity document must be demonstrated with a document issued

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by an authorized government agency.

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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 -- 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 or a driver privilege card issued pursuant to § 31-

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10.4-2 that bears the date of birth of the licensee and that 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 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, together with a document bearing the

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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 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 or a driver privilege card issued by this state

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or any other state shall 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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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 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

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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

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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 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 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

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

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

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signature. No person who holds an operator's license or a driving privilege card, issued by this state

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or any other 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 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

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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

22

(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

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

………… ………… …… …… ……

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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

7

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

8

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

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

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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

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Income Tax" is hereby amended to read as follows:

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     44-30-95. General powers of tax administrator.

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     (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.

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     (b) Examination of books and witnesses. The tax administrator, for the purpose of

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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

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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

 

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included in the return, and may require the attendance of the person rendering the return or any

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officer or employee of the person, or the attendance of any other person having knowledge in the

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premises, and may take testimony and require proof material for its information, with power to

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administer oaths to the person or persons.

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     (c) Secrecy requirement. It shall be unlawful for any state official or employee to divulge

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or to make known to any person in any manner whatever not provided by law the amount or source

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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 - 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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