2023 -- H 6521 AS AMENDED

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LC003219

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND

PERMITS

     Introduced By: Representatives Giraldo, Alzate, Stewart, Voas, Potter, Cruz, Morales,

     Date Introduced: June 13, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 31-10.4 of the General Laws entitled "Driver Privilege

Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows:

CHAPTER 31-10.4

Driver Privilege Cards and Permits [Effective July 1, 2023.]

CHAPTER 31-10.4

Driver Privilege Cards and Permits [Effective July 1, 2023.]; State Identification Cards [Effective

January 1, 2024.]

     SECTION 2. Section 31-10.4-1 of the General Laws in Chapter 31-10.4 entitled "Driver

Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows:

     31-10.4-1. Driver privilege cards and permits. [Effective July 1, 2023.] Driver

privilege cards and permits [Effective July 1, 2023]; State identification cards [Effective July

1, 2024 January 1, 2024]

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

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

vehicles is authorized to issue a driver privilege card and/or driver privilege permit if the applicant

otherwise meets the requirements of chapter 10 of this title or a Rhode Island state identification

card, to any applicant, if the division of motor vehicles determines that the applicant:

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

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

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

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

application;

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

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

31-10.4-5;

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

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

amended from time to time; and

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

title, provided that this subsection (4) shall not apply to applicants for a Rhode Island state

identification card.

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

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

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

information shall be kept confidential by the tax administrator.

     (c) Rhode Island state identification cards issued under this section shall be in the formats

required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The

division of motor vehicles may prescribe additional formatting requirements as it deems necessary

to further the provisions of this subsection.

     SECTION 3. Section 31-10.4-3 of the General Laws in Chapter 31-10.4 entitled "Driver

Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows:

     31-10.4-3. Confidentiality of documents — Privacy. [Effective July 1, 2023.]

Confidentiality of documents -- Privacy [Effective July 1, 2023.]; State identification cards

[Effective July 1, 2024 January 1, 2024.]

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

the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued

pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor

who is the subject of the information, the guardian of the subject of the information, or the

authorized representative of the subject of the information, or pursuant to a court order:

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

permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1;

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

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documentation that was provided; or

     (3) Applications.

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

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

eligibility for a non-commercial driver’s license or permit or a Rhode Island state identification

card issued pursuant to § 31-10.4-1, or for renewal of such license or, permit or Rhode Island state

identification card, under this section is not a public record and may not be disclosed by the

division, except to the person who is the subject of such records or in response to a subpoena for

individual records in a criminal proceeding or pursuant to a lawful court order.

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

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

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

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

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

the United States Constitution.

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

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

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

request.

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

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

such person or entity shall not:

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

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

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

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

     SECTION 4. Chapter 31-10.4 of the General Laws entitled "Driver Privilege Cards and

Permits [Effective July 1, 2023.]" is hereby amended by adding thereto the following section:

     31-10.4-2.1. Issuance of state identification cards to individuals unable to establish

legal presence [Effective July 1, 2024 January 1, 2024.]

     (a) Effective January 1, 2024, Rhode Island state identification cards issued pursuant to §

31-10.4-1, shall confer the same privileges and shall be subject to the same provisions as those

issued under chapter 8 of title 3, unless otherwise provided, and shall be subject to the following

conditions and exceptions:

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     (1) The front and back of a Rhode Island state identification card issued pursuant to § 31-

10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-

8-6.1, respectively, that is not a REAL ID credential;

     (2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-

1 shall not be required to present proof of legal presence in the United States or proof of a social

security number, if the individual does not have one;

     (3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1)

through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued

pursuant to § 31-10.4-1; and

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

the division of motor vehicles or required for the issuance an identification card issued under

chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles'

records, related to the issuance of a credential issued pursuant to this section, shall not be considered

a public record. The information shall not be released, except upon request by the subject of the

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

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

a court order.

     (b) A Rhode Island state identification card issued to any person who is unable to establish

legal presence in the United States shall not be a valid form of identification for official federal

purposes or state voting purposes.

     (c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-

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

     (d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used

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

criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode

Island state identification card would not be criminally investigated, arrested, or detained. Any

person aggrieved by a violation of this subsection may seek appropriate declaratory and/or

injunctive relief and may be awarded damages and costs, including attorneys' fees.

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

solely on the ground that they hold or present a Rhode Island state identification card, issued under

this section.

     (f) No person who holds an operator 's license or a driver privilege card or permit issued

by this state under this chapter or any other state shall be issued a Rhode Island state identification

card pursuant to § 31-10.4-1.

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     SECTION 5. This act shall take effect on July 1, 2024 January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND

PERMITS

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     This act would allow the division of motor vehicles to issue a Rhode Island state

identification card to residents unable to establish lawful presence in the United States upon proof

of proper documentation as required with respect to driver privilege cards and permits.

     This act would further provide that a state identification card so issued would not be valid

for voting purposes.

     This act would take effect on July 1, 2024 January 1, 2024.

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