Bill Summary – FastDemocracy

-- S 2006 SUBSTITUTE A AS AMENDED
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     LC003513/SUB A/3
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                        STATE              OF        RHODE                ISLAND
                                          IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2022
                                              ____________
                                                   AN ACT
        RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' LICENSE -- SAFE
                       ROADS AND MANDATORY INSURANCE
                  Introduced By: Senators Ciccone, Cano, Goodwin, Quezada, Acosta, Zurier, Anderson,
                                  Calkin, Mack, and Lawson
                  Date Introduced: January 06, 2022
                  Referred To: Senate Judiciary
     It is enacted by the General Assembly as follows:
         SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"
 is hereby amended by adding thereto the following chapter:
                                              CHAPTER 10.4
                           DRIVER PRIVILEGE CARDS AND PERMITS
         31-10.4-1. Driver privilege cards and permits.
         (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, 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.
          (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.
          31-10.4-2. Issuance of driver privilege cards and permits.
          (a) Driver privilege cards and permits shall confer the same privileges and shall be subject
 to the same provisions of this title as driver's licenses and permits issued under chapter 10 of this
 title, unless otherwise provided, and shall be subject to the following conditions and exceptions:
          (1) The front and back of a driver privilege card or permit shall be identical in appearance
 to a driver's license or permit, that is not a REAL ID credential;
          (2) An applicant for a driver privilege card or permit, 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) A driver privilege card or permit shall expire on the applicant's second birthday
 following the date of its issuance;
          (4) The fee for an original driver privilege card shall be fifty dollars ($50.00). Every driver
 privilege card renewal issued after expiration of the original driver privilege card shall expire on
 the birthday of the cardholder in the fifth year following the issuance of the driver privilege card,
 with the exception of any person seventy-five (75) years or older whose driver privilege card shall
 expire on the birthday of the cardholder in the second year following the issuance of the driver
 privilege card, and shall be renewable on or before expiration upon application and payment of a
 fee of thirty dollars ($30.00). No applicant shall be required to provide proof of compliance with §
 31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card or permit; and
          (5) Any information collected pursuant to this section, that is not otherwise collected by
 the division of motor vehicles or required for the issuance of any other driving credential issued
 pursuant to the provisions of this chapter 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
                                      LC003513/SUB A/3 - Page 2 of 14
 information, or pursuant to a court order.
         (b) Applicants for a driving privilege card will not be required to comply with successful
 completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if
 they can provide one of the following:
         (1) A current valid driver's license, or one that has expired by less than five (5) years, issued
 by a state or U.S. territory, whose driving records are accessible through the Problem Driver Pointer
 System maintained by the National Driver Register; or
         (2) In the event the driver's license issued by another state or U.S. territory is not available
 at the time the application is made, or the driving records of the issuing state or territory are not
 accessible through the Problem Driver Pointer System maintained by the National Driver Register,
 a certified driving record issued less than thirty (30) days prior to application will be accepted.
         (c) Applicants under the age of eighteen (18) shall be required to comply with all of the
 education and testing requirements, set forth in §§ 31-10-19 through 31-10-22 and all of the
 provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5.
         (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience
 requirement in this chapter, shall be required to comply with all testing requirements set forth in §§
 31-10-21 through 31-10-22.
         (e) Unless they are in conflict with the provisions of this chapter or the context in which
 they are used clearly requires a different meaning or a different definition as prescribed for a
 particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15,
 chapter 12 of title 24, and chapter 18.1 of title 39, the terms "license" and "operator's license" shall
 include the "driver privilege card," and "permit" shall include "driver privilege permit" as defined
 by this section, and all examinations, education requirements, residency requirements, penalties,
 fees and all other provisions for a license, operator's license, or permit shall also apply to the driver
 privilege card and driver privilege permit.
         (f) The driving privilege card and the driving privilege permit shall not be a valid form of
 identification for official federal purposes or state voting purposes.
         (g) The applicant for a driving privilege card and the driving privilege permit shall be
 required to comply with all other applicable Rhode Island laws, rules and regulations.
         (h) A driver privilege card or a driver privilege permit 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 driver's license
 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
                                      LC003513/SUB A/3 - Page 3 of 14
 damages and costs, including attorneys' fees.
            (i) 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 driving privilege card or driving privilege permit,
 issued under this section.
            31-10.4-3. Confidentiality of documents -- Privacy.
            (a) The division of motor vehicles shall not release the following information, relating to
 the issuance of a driver privilege card or permit, 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;
            (2) The information in the division of motor vehicles' records indicating the type of proof
 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 for renewal of such license or permit
 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:
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         (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.
         31-10.4-4. Rules and regulations.
         The administrator of the division of motor vehicles shall promulgate rules and regulations
 to implement the provisions of this chapter.
         31-10.4-5. Definitions.
         For purposes of this chapter:
         (1) "Primary proof of identity document" means any of the following documents that bear
 the applicant's legal name and date of birth:
         (i) A valid foreign passport issued by an applicant's country of citizenship that is unexpired
 or expired for less than five (5) years;
         (ii) A valid, unexpired consular identification document issued by an applicant's country
 of citizenship;
         (iii) An employment authorization document;
         (iv) A refugee travel document (I-571);
         (v) A valid driver's license issued by a state of the United States with the applicant's
 photograph, signature, and date of birth that is unexpired or expired for less than five (5) years; or
         (vi) Any other document sufficient to prove the applicant's identity as determined by the
 division of motor vehicles.
         (2) "Secondary proof of identity document" means any of the following documents that
 bear the applicant's legal name:
         (i) A valid driver privilege card or state identification card issued by a state or territory of
 the United States that is unexpired or expired for less than five (5) years;
         (ii) An original or certified copy of a foreign birth certificate;
         (iii) A foreign driver's license;
         (iv) A valid foreign national identification card;
         (v) A marriage certificate issued by a state or territory of the United States;
         (vi) A divorce decree issued by a state or territory of the United States;
         (vii) A court order for adoption, name change or gender change issued by a court of the
 United States or a court of a state of the United States that contains a court seal;
         (viii) A U.S. permit to Reenter Travel Document (I-327);
         (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
 by a state, jurisdiction or territory of the United States;
         (xi) A U.S. Merchant Mariners Card;
         (xii) A U.S. Selective Service Card;
         (xiii) A U.S. Military DD214 or DD256;
         (xiv) A Veteran Administration Identification card with photograph;
         (xv) A Transportation Workers Identification Credential;
         (xvi) A U.S. Active Duty/Retiree/Reservist/Dependent Military ID card (DD-2 or Common
 Access card);
         (xvii) A U.S. Customs and Border Protection FAST card;
         (xviii) An individual taxpayer identification number assignment letter; or
         (xix) Any other document sufficient to prove the applicant's identity as determined by the
 division of motor vehicles.
         (3) Any primary proof of identity document or secondary proof of identity document that
 is in a language other than English shall be accompanied by a certified English translation of such
 document. Proof of change to the name contained on the applicant's primary proof of identity
 document or secondary proof of identity document must be demonstrated with a document issued
 by an authorized government agency.
         SECTION 2. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled
 "Regulation of Sales" are hereby amended to read as follows:
         3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification
 cards for persons twenty-one and older.
         (a) It is unlawful for:
         (1) A person who has not reached his or her twenty-first (21st) birthday to enter any
 premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having
 served or delivered to him or her alcoholic beverages; or
         (2) A person who has not reached his or her twenty-first (21st) birthday to consume any
 alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,
 attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
         (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or
 to misrepresent his or her age through the presentation of any of the following documents:
         (i) An armed service identification card, valid passport, the identification card license, or
 any other documentation used for identification purposes that may belong to any other person who
 is twenty-one (21) years or older;
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             (ii) A motor vehicle operator's license or a driver privilege card issued pursuant to § 31-
 10.4-2 that bears the date of birth of the licensee and that is issued by this state or any other state;
             (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of
 inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic
 beverage to a minor.
             (b)(1) The administrator of the division of motor vehicles shall issue to any person who
 has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment
 of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal
 certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or
 refugee document issued by the United States Citizenship and Immigration Services, including, but
 not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a
 form evidencing that the applicant is a current or past recipient of a grant of deferred action under
 the Deferred Action for Childhood Arrivals program, together with a document bearing the
 applicant's signature.
             (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay
 the fee.
             (3) Each registration card shall be subject to renewal