2022 - H 7939 SUBSTITUTE A: in General Assembly January Session, A.D. 2022
2022 - H 7939 SUBSTITUTE A: in General Assembly January Session, A.D. 2022
2022 - H 7939 SUBSTITUTE A: in General Assembly January Session, A.D. 2022
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LC005422/SUB A/2
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
AN ACT
1 SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"
3 CHAPTER 10.4
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
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
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
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
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
18 (3) A driver privilege card or permit shall expire on the applicant's second birthday
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
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
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
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 §§
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
26 (f) The driving privilege card and the driving privilege permit shall not be a valid form of
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
3 solely on the ground that they hold or present a driving privilege card or driving privilege permit,
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
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
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
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
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
6 The administrator of the division of motor vehicles shall promulgate rules and regulations
8 31-10.4-5. Definitions.
10 (1) "Primary proof of identity document" means any of the following documents that bear
12 (i) A valid foreign passport issued by an applicant's country of citizenship that is unexpired
15 of citizenship;
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
22 (2) "Secondary proof of identity document" means any of the following documents that
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;
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;
9 Access card);
12 (xix) Any other document sufficient to prove the applicant's identity as determined by the
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
19 SECTION 2. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled
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
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
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
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
19 (4) No person who holds an operator's license or a driver privilege card issued by this state
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:
28 ...........................................................................................................................................................
29 Address
30 ...........................................................................................................................................................
31 BIRTH RECORD
33 Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.
34 ………… ………… …… …… ……
3 ...............................................................................................
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
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-
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
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
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
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
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-
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
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.
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
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
17 (2) The identification card shall be subject to renewal every five (5) years upon the payment
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
26 ...........................................................................................................................................................
27 Address
28 ...........................................................................................................................................................
29 BIRTH RECORD
31 Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.
32 ………… ………… …… …… ……
33 Issued by
2 ...............................................................................................
3 ...............................................................................................
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
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
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
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
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
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
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
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
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
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
34 (g) Limited disclosure of information -- Retirement board. The tax administrator shall
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
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
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
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-
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LC005422/SUB A/2
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OF
AN ACT
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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.
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LC005422/SUB A/2
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