Rhode Island 2023 Regular Session

Rhode Island House Bill H5780 Compare Versions

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55 2023 -- H 5780
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR VE HICLES -- DRIVER PRIVILEGE CARDS AND PERMITS
1616 Introduced By: Representatives Alzate, Diaz, Giraldo, Batista, Biah, Henries, Felix,
1717 Morales, Abney, and Hull
1818 Date Introduced: February 22, 2023
1919 Referred To: House Judiciary
2020 (Dept. of Revenue)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 31-10.4-2 of the General Laws in Chapter 31-10.4 entitled "Driver 1
2424 Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 2
2525 31-10.4-2. Issuance of driver privilege cards and permits. [Effective July 1, 2023.] 3
2626 (a) Driver privilege cards and permits shall confer the same privileges and shall be subject 4
2727 to the same provisions of this title as driver’s licenses and permits issued under chapter 10 of this 5
2828 title, unless otherwise provided, and shall be subject to the following conditions and exceptions: 6
2929 (1) The front and back of a driver privilege card or permit shall be identical in appearance 7
3030 to a driver’s license or permit, that is not a REAL ID credential; 8
3131 (2) An applicant for a driver privilege card or permit shall not be required to present proof 9
3232 of legal presence in the United States or proof of a social security number, if the individual does 10
3333 not have one; 11
3434 (3) A driver privilege card or permit shall expire on the applicant’s second birthday 12
3535 following the date of its issuance; 13
3636 (4) The fee for an original driver privilege card shall be fifty dollars ($50.00) twenty-five 14
3737 dollars ($25.00). Every driver privilege card renewal issued after expiration of the original driver 15
3838 privilege card shall expire on the birthday of the cardholder in the fifth year following the issuance 16
3939 of the driver privilege card, with the exception of any person seventy-five (75) years or older whose 17
4040 driver privilege card shall expire on the birthday of the cardholder in the second year following the 18
4141 issuance of the driver privilege card, and shall be renewable on or before expiration upon 19
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4545 application and payment of a fee of thirty dollars ($30.00). No applicant shall be required to provide 1
4646 proof of compliance with § 31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card 2
4747 or permit; and 3
4848 (5) Any information collected pursuant to this section, that is not otherwise collected by 4
4949 the division of motor vehicles or required for the issuance of any other driving credential issued 5
5050 pursuant to the provisions of this chapter and any information regarding restrictions in the division 6
5151 of motor vehicles’ records, related to the issuance of a credential issued pursuant to this section, 7
5252 shall not be considered a public record. The information shall not be released, except upon request 8
5353 by the subject of the information, the parent of a minor who is the subject of the information, the 9
5454 guardian of the subject of the information, or the authorized representative of the subject of the 10
5555 information, or pursuant to a court order. 11
5656 (b) Applicants for a driver privilege card will not be required to comply with successful 12
5757 completion of the written exam required by § 31-10-21 and the road test required by § 31-10-22 if 13
5858 they can provide one of the following: 14
5959 (1) A current valid driver’s license, or one that has expired by less than five (5) years, 15
6060 issued by a state or U.S. territory, whose driving records are accessible through the Problem Driver 16
6161 Pointer System maintained by the National Driver Register; or 17
6262 (2) In the event the driver’s license issued by another state or U.S. territory is not available 18
6363 at the time the application is made, or the driving records of the issuing state or territory are not 19
6464 accessible through the Problem Driver Pointer System maintained by the National Driver Register, 20
6565 a certified driving record issued less than thirty (30) days prior to application will be accepted. 21
6666 (c) Applicants under the age of eighteen (18) shall be required to comply with all of the 22
6767 education and testing requirements, set forth in §§ 31-10-19 through 31-10-22, and all of the 23
6868 provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5. 24
6969 (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience 25
7070 requirement in this chapter, shall be required to comply with all testing requirements set forth in §§ 26
7171 31-10-21 through 31-10-22. 27
7272 (e) Unless they are in conflict with the provisions of this chapter or the context in which 28
7373 they are used clearly requires a different meaning or a different definition as prescribed for a 29
7474 particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15, 30
7575 chapter 12 of title 24, and chapter 18.1 of title 39, the terms “license” and “operator’s license” shall 31
7676 include the “driver privilege card”, and “permit” shall include “driver privilege permit” as defined 32
7777 by this section, and all examinations, education requirements, residency requirements, penalties, 33
7878 fees, and all other provisions for a license, operator’s license, or permit shall also apply to the driver 34
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8282 privilege card and driver privilege permit. 1
8383 (f) The driver privilege card and the driver privilege permit shall not be a valid form of 2
8484 identification for official federal purposes or state voting purposes. 3
8585 (g) The applicant for a driver privilege card or the driver privilege permit shall be required 4
8686 to comply with all other applicable Rhode Island laws, rules, and regulations. 5
8787 (h) A driver privilege card or a driver privilege permit shall not be used as evidence of the 6
8888 holder’s citizenship or immigration status, and shall not be used as a basis for a criminal 7
8989 investigation, arrest, or detention in circumstances where a person with a regular driver’s license 8
9090 would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of 9
9191 this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded 10
9292 damages and costs, including attorneys’ fees. 11
9393 (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 12
9494 solely on the ground that they hold or present a driver privilege card or driver privilege permit, 13
9595 issued under this section. 14
9696 SECTION 2. This act shall take effect on July 1, 2023. 15
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103103 EXPLANATION
104104 BY THE LEGISLATIVE COUNCIL
105105 OF
106106 A N A C T
107107 RELATING TO MOTOR VE HICLES -- DRIVER PRIVILEGE CARDS AND PERMITS
108108 ***
109109 This act would reduce the fee for an original driver privilege card from fifty dollars 1
110110 ($50.00) to twenty-five dollars ($25.00). 2
111111 This act would take effect on July 1, 2023. 3
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