2023 -- H 6521
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND
PERMITS
Introduced By: Representatives Giraldo, Alzate, Stewart, Voas, Potter, Cruz, Morales,
Diaz, Henries, and Batista
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 1
Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 2
CHAPTER 31-10.4 3
Driver Privilege Cards and Permits [Effective July 1, 2023.] 4
CHAPTER 31-10.4 5
Driver Privilege Cards and Permits [Effective July 1, 2023.]; State Identification Cards [Effective 6
July 1, 2024.] 7
SECTION 2. Section 31-10.4-1 of the General Laws in Chapter 31-10.4 entitled "Driver 8
Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 9
31-10.4-1. Driver privilege cards and permits. [Effective July 1, 2023.] Driver 10
privilege cards and permits [Effective July 1, 2023]; State identification cards [Effective July 11
1, 2024] 12
(a) Upon application of any person, who otherwise meets the requirements of chapter 10 13
of this title, except is unable to establish legal presence in the United States, the division of motor 14
vehicles is authorized to issue a driver privilege card and/or driver privilege permit if the applicant 15
otherwise meets the requirements of chapter 10 of this title or a Rhode Island state identification 16
card, to any applicant, if the division of motor vehicles determines that the applicant: 17
(1) Has verification from the tax administrator that the applicant either has filed a personal 18
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income tax return as a resident with this state for the tax year preceding the date of application or 1
has been claimed as a dependent on a personal income tax return by an individual who has filed a 2
personal income tax return as a resident with this state for the tax year preceding the date of 3
application; 4
(2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one 5
primary proof of identity document and one secondary proof of identity document, as defined in § 6
31-10.4-5; 7
(3) Presents two (2) proof of residency documents, which shall mean, for purposes of this 8
subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be 9
amended from time to time; and 10
(4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this 11
title, provided that this subsection (4) shall not apply to applicants for a Rhode Island state 12
identification card. 13
(b) Notwithstanding any other provision of law to the contrary, the administrator of the 14
division of motor vehicles may provide information submitted by the applicant to the tax 15
administrator for the sole purpose of implementing subsection (a)(1) of this section, and such 16
information shall be kept confidential by the tax administrator. 17
(c) Rhode Island state identification cards issued under this section shall be in the formats 18
required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The 19
division of motor vehicles may prescribe additional formatting requirements as it deems necessary 20
to further the provisions of this subsection. 21
SECTION 3. Section 31-10.4-3 of the General Laws in Chapter 31-10.4 entitled "Driver 22
Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 23
31-10.4-3. Confidentiality of documents — Privacy. [Effective July 1, 2023.] 24
Confidentiality of documents -- Privacy [Effective July 1, 2023.]; State identification cards 25
[Effective July 1, 2024.] 26
(a) The division of motor vehicles shall not release the following information, relating to 27
the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued 28
pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor 29
who is the subject of the information, the guardian of the subject of the information, or the 30
authorized representative of the subject of the information, or pursuant to a court order: 31
(1) Proof documents submitted for the purpose of obtaining a driver privilege card or 32
permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1; 33
(2) The information in the division of motor vehicles’ records indicating the type of proof 34
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documentation that was provided; or 1
(3) Applications. 2
(b) Notwithstanding any other law to the contrary, any document, including photo images, 3
provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s 4
eligibility for a non-commercial driver’s license or permit or a Rhode Island state identification 5
card issued pursuant to § 31-10.4-1, or for renewal of such license or, permit or Rhode Island state 6
identification card, under this section is not a public record and may not be disclosed by the 7
division, except to the person who is the subject of such records or in response to a subpoena for 8
individual records in a criminal proceeding or pursuant to a lawful court order. 9
(c) The division, and any agent or employee of the division, shall not disclose or make 10
accessible in any manner, records or information that he or she obtains or maintains under this 11
section, including photo images, to any federal, state, or municipal agency or to any employee or 12
agent of such agency for the purpose of enforcing immigration law, unless the division is presented 13
with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of 14
the United States Constitution. 15
(1) Upon receiving a request for such records or information, the division shall, no later 16
than three (3) days after such request, notify the individual, about whom such information was 17
requested, informing the individual of the request and the identity of the agency that made the 18
request. 19
(d) The division shall require any agency or entity that receives or has access to records or 20
information from the division, including photo images, to certify, before such receipt or access, that 21
such person or entity shall not: 22
(1) Use such records or information for immigration enforcement purposes; or 23
(2) Disclose such records or information to any other agency or entity, or to any employee 24
or agent of any such agency or entity, unless that other agency or entity also certifies that the 25
information will not be used for purposes of enforcing immigration law. 26
SECTION 4. Chapter 31-10.4 of the General Laws entitled "Driver Privilege Cards and 27
Permits [Effective July 1, 2023.]" is hereby amended by adding thereto the following section: 28
31-10.4-2.1. Issuance of state identification cards to individuals unable to establish 29
legal presence [Effective July 1, 2024.] 30
(a) Rhode Island state identification cards issued pursuant to § 31-10.4-1, shall confer the 31
same privileges and shall be subject to the same provisions as those issued under chapter 8 of title 32
3, unless otherwise provided, and shall be subject to the following conditions and exceptions: 33
(1) The front and back of a Rhode Island state identification card issued pursuant to § 31-34
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10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-1
8-6.1, respectively, that is not a REAL ID credential; 2
(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-3
1 shall not be required to present proof of legal presence in the United States or proof of a social 4
security number, if the individual does not have one; 5
(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) 6
through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued 7
pursuant to § 31-10.4-1; and 8
(4) Any information collected pursuant to this section, that is not otherwise collected by 9
the division of motor vehicles or required for the issuance an identification card issued under 10
chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles' 11
records, related to the issuance of a credential issued pursuant to this section, shall not be considered 12
a public record. The information shall not be released, except upon request by the subject of the 13
information, the parent of a minor who is the subject of the information, the guardian of the subject 14
of the information, or the authorized representative of the subject of the information, or pursuant to 15
a court order. 16
(b) A Rhode Island state identification card issued to any person who is unable to establish 17
legal presence in the United States shall not be a valid form of identification for official federal 18
purposes or state voting purposes. 19
(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-20
1, shall be required to comply with all other applicable Rhode Island laws, rules, and regulations. 21
(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used 22
as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a 23
criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode 24
Island state identification card would not be criminally investigated, arrested, or detained. Any 25
person aggrieved by a violation of this subsection may seek appropriate declaratory and/or 26
injunctive relief and may be awarded damages and costs, including attorneys' fees. 27
(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 28
solely on the ground that they hold or present a Rhode Island state identification card, issued under 29
this section. 30
(f) No person who holds an operator 's license or a driver privilege card or permit issued 31
by this state under this chapter or any other state shall be issued a Rhode Island state identification 32
card pursuant to § 31-10.4-1. 33
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SECTION 5. This act shall take effect on July 1, 2024. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND
PERMITS
***
This act would allow the division of motor vehicles to issue a Rhode Island state 1
identification card to residents unable to establish lawful presence in the United States upon proof 2
of proper documentation as required with respect to driver privilege cards and permits. 3
This act would further provide that a state identification card so issued would not be valid 4
for voting purposes. 5
This act would take effect on July 1, 2024. 6
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