Rhode Island 2023 Regular Session

Rhode Island House Bill H6521 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3
4	4
5		-	2023 -- H 6521 ~~AS AMENDED~~
	5	+	2023 -- H 6521
6	6		========
7	7		LC003219
8	8		========
9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO MOTOR AN D OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND
16	16		PERMITS
17	17		Introduced By: Representatives Giraldo, Alzate, Stewart, Voas, Potter, Cruz, Morales,
18	18		Diaz, Henries, and Batista
19	19		Date Introduced: June 13, 2023
20	20		Referred To: House Corporations
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. The title of Chapter 31-10.4 of the General Laws entitled "Driver Privilege 1
25	25		Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 2
26	26		CHAPTER 31-10.4 3
27	27		Driver Privilege Cards and Permits [Effective July 1, 2023.] 4
28	28		CHAPTER 31-10.4 5
29	29		Driver Privilege Cards and Permits [Effective July 1, 2023.]; State Identification Cards [Effective 6
30		-	~~January~~ 1, 2024.] 7
	30	+	July 1, 2024.] 7
31	31		SECTION 2. Section 31-10.4-1 of the General Laws in Chapter 31-10.4 entitled "Driver 8
32	32		Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 9
33	33		31-10.4-1. Driver privilege cards and permits. [Effective July 1, 2023.] Driver 10
34	34		privilege cards and permits [Effective July 1, 2023]; State identification cards [Effective July 11
35		-	~~1, 2024 January~~ 1, 2024] 12
	35	+	1, 2024] 12
36	36		(a) Upon application of any person, who otherwise meets the requirements of chapter 10 13
37	37		of this title, except is unable to establish legal presence in the United States, the division of motor 14
38	38		vehicles is authorized to issue a driver privilege card and/or driver privilege permit if the applicant 15
39	39		otherwise meets the requirements of chapter 10 of this title or a Rhode Island state identification 16
40	40		card, to any applicant, if the division of motor vehicles determines that the applicant: 17
41	41		(1) Has verification from the tax administrator that the applicant either has filed a personal 18
42	42
43	43
44	44		LC003219 - Page 2 of 6
45	45		income tax return as a resident with this state for the tax year preceding the date of application or 1
46	46		has been claimed as a dependent on a personal income tax return by an individual who has filed a 2
47	47		personal income tax return as a resident with this state for the tax year preceding the date of 3
48	48		application; 4
49	49		(2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one 5
50	50		primary proof of identity document and one secondary proof of identity document, as defined in § 6
51	51		31-10.4-5; 7
52	52		(3) Presents two (2) proof of residency documents, which shall mean, for purposes of this 8
53	53		subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be 9
54	54		amended from time to time; and 10
55	55		(4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this 11
56	56		title, provided that this subsection (4) shall not apply to applicants for a Rhode Island state 12
57	57		identification card. 13
58	58		(b) Notwithstanding any other provision of law to the contrary, the administrator of the 14
59	59		division of motor vehicles may provide information submitted by the applicant to the tax 15
60	60		administrator for the sole purpose of implementing subsection (a)(1) of this section, and such 16
61	61		information shall be kept confidential by the tax administrator. 17
62	62		(c) Rhode Island state identification cards issued under this section shall be in the formats 18
63	63		required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The 19
64	64		division of motor vehicles may prescribe additional formatting requirements as it deems necessary 20
65	65		to further the provisions of this subsection. 21
66	66		SECTION 3. Section 31-10.4-3 of the General Laws in Chapter 31-10.4 entitled "Driver 22
67	67		Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 23
68	68		31-10.4-3. Confidentiality of documents — Privacy. [Effective July 1, 2023.] 24
69	69		Confidentiality of documents -- Privacy [Effective July 1, 2023.]; State identification cards 25
70		-	[Effective July ~~1, 2024 January~~ 1, 2024.] 26
	70	+	[Effective July 1, 2024.] 26
71	71		(a) The division of motor vehicles shall not release the following information, relating to 27
72	72		the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued 28
73	73		pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor 29
74	74		who is the subject of the information, the guardian of the subject of the information, or the 30
75	75		authorized representative of the subject of the information, or pursuant to a court order: 31
76	76		(1) Proof documents submitted for the purpose of obtaining a driver privilege card or 32
77	77		permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1; 33
78	78		(2) The information in the division of motor vehicles’ records indicating the type of proof 34
79	79
80	80
81	81		LC003219 - Page 3 of 6
82	82		documentation that was provided; or 1
83	83		(3) Applications. 2
84	84		(b) Notwithstanding any other law to the contrary, any document, including photo images, 3
85	85		provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s 4
86	86		eligibility for a non-commercial driver’s license or permit or a Rhode Island state identification 5
87	87		card issued pursuant to § 31-10.4-1, or for renewal of such license or, permit or Rhode Island state 6
88	88		identification card, under this section is not a public record and may not be disclosed by the 7
89	89		division, except to the person who is the subject of such records or in response to a subpoena for 8
90	90		individual records in a criminal proceeding or pursuant to a lawful court order. 9
91	91		(c) The division, and any agent or employee of the division, shall not disclose or make 10
92	92		accessible in any manner, records or information that he or she obtains or maintains under this 11
93	93		section, including photo images, to any federal, state, or municipal agency or to any employee or 12
94	94		agent of such agency for the purpose of enforcing immigration law, unless the division is presented 13
95	95		with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of 14
96	96		the United States Constitution. 15
97	97		(1) Upon receiving a request for such records or information, the division shall, no later 16
98	98		than three (3) days after such request, notify the individual, about whom such information was 17
99	99		requested, informing the individual of the request and the identity of the agency that made the 18
100	100		request. 19
101	101		(d) The division shall require any agency or entity that receives or has access to records or 20
102	102		information from the division, including photo images, to certify, before such receipt or access, that 21
103	103		such person or entity shall not: 22
104	104		(1) Use such records or information for immigration enforcement purposes; or 23
105	105		(2) Disclose such records or information to any other agency or entity, or to any employee 24
106	106		or agent of any such agency or entity, unless that other agency or entity also certifies that the 25
107	107		information will not be used for purposes of enforcing immigration law. 26
108	108		SECTION 4. Chapter 31-10.4 of the General Laws entitled "Driver Privilege Cards and 27
109	109		Permits [Effective July 1, 2023.]" is hereby amended by adding thereto the following section: 28
110	110		31-10.4-2.1. Issuance of state identification cards to individuals unable to establish 29
111		-	legal presence [Effective July 1, 2024 ~~January 1, 2024~~.] 30
112		-	(a) ~~Effective January 1, 2024,~~ Rhode Island state identification cards issued pursuant to § 31
113		-	~~31-10.4-1, shall confer the~~ same privileges and shall be subject to the same provisions as those 32
114		-	~~issued under chapter 8 of title~~ 3, unless otherwise provided, and shall be subject to the following 33
115		-	~~conditions~~ and ~~exceptions:~~ 34
	111	+	legal presence [Effective July 1, 2024.] 30
	112	+	(a) Rhode Island state identification cards issued pursuant to § 31-10.4-1, shall confer the 31
	113	+	same privileges and shall be subject to the same provisions as those issued under chapter 8 of title 32
	114	+	3, unless otherwise provided, and shall be subject to the following conditions and exceptions: 33
	115	+	(1) The front and back of a Rhode Island state identification card issued pursuant to § 31-34
116	116
117	117
118	118		LC003219 - Page 4 of 6
119		-	(1) The front and back of a Rhode Island state identification card issued pursuant to § 31-1
120		-	10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-2
121		-	8-6.1, respectively, that is not a REAL ID credential; 3
122		-	(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-4
123		-	1 shall not be required to present proof of legal presence in the United States or proof of a social 5
124		-	security number, if the individual does not have one; 6
125		-	(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) 7
126		-	through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued 8
127		-	pursuant to § 31-10.4-1; and 9
128		-	(4) Any information collected pursuant to this section, that is not otherwise collected by 10
129		-	the division of motor vehicles or required for the issuance an identification card issued under 11
130		-	chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles' 12
131		-	records, related to the issuance of a credential issued pursuant to this section, shall not be considered 13
132		-	a public record. The information shall not be released, except upon request by the subject of the 14
133		-	information, the parent of a minor who is the subject of the information, the guardian of the subject 15
134		-	of the information, or the authorized representative of the subject of the information, or pursuant to 16
135		-	a court order. 17
136		-	(b) A Rhode Island state identification card issued to any person who is unable to establish 18
137		-	legal presence in the United States shall not be a valid form of identification for official federal 19
138		-	purposes or state voting purposes. 20
139		-	(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-21
140		-	1, shall be required to comply with all other applicable Rhode Island laws, rules, and regulations. 22
141		-	(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used 23
142		-	as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a 24
143		-	criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode 25
144		-	Island state identification card would not be criminally investigated, arrested, or detained. Any 26
145		-	person aggrieved by a violation of this subsection may seek appropriate declaratory and/or 27
146		-	injunctive relief and may be awarded damages and costs, including attorneys' fees. 28
147		-	(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 29
148		-	solely on the ground that they hold or present a Rhode Island state identification card, issued under 30
149		-	this section. 31
150		-	(f) No person who holds an operator 's license or a driver privilege card or permit issued 32
151		-	by this state under this chapter or any other state shall be issued a Rhode Island state identification 33
152		-	card pursuant to § 31-10.4-1. 34
	119	+	10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-1
	120	+	8-6.1, respectively, that is not a REAL ID credential; 2
	121	+	(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-3
	122	+	1 shall not be required to present proof of legal presence in the United States or proof of a social 4
	123	+	security number, if the individual does not have one; 5
	124	+	(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) 6
	125	+	through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued 7
	126	+	pursuant to § 31-10.4-1; and 8
	127	+	(4) Any information collected pursuant to this section, that is not otherwise collected by 9
	128	+	the division of motor vehicles or required for the issuance an identification card issued under 10
	129	+	chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles' 11
	130	+	records, related to the issuance of a credential issued pursuant to this section, shall not be considered 12
	131	+	a public record. The information shall not be released, except upon request by the subject of the 13
	132	+	information, the parent of a minor who is the subject of the information, the guardian of the subject 14
	133	+	of the information, or the authorized representative of the subject of the information, or pursuant to 15
	134	+	a court order. 16
	135	+	(b) A Rhode Island state identification card issued to any person who is unable to establish 17
	136	+	legal presence in the United States shall not be a valid form of identification for official federal 18
	137	+	purposes or state voting purposes. 19
	138	+	(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-20
	139	+	1, shall be required to comply with all other applicable Rhode Island laws, rules, and regulations. 21
	140	+	(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used 22
	141	+	as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a 23
	142	+	criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode 24
	143	+	Island state identification card would not be criminally investigated, arrested, or detained. Any 25
	144	+	person aggrieved by a violation of this subsection may seek appropriate declaratory and/or 26
	145	+	injunctive relief and may be awarded damages and costs, including attorneys' fees. 27
	146	+	(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 28
	147	+	solely on the ground that they hold or present a Rhode Island state identification card, issued under 29
	148	+	this section. 30
	149	+	(f) No person who holds an operator 's license or a driver privilege card or permit issued 31
	150	+	by this state under this chapter or any other state shall be issued a Rhode Island state identification 32
	151	+	card pursuant to § 31-10.4-1. 33
153	152
154	153
155	154		LC003219 - Page 5 of 6
156		-	SECTION 5. This act shall take effect on July 1, 2024 ~~January 1, 2024~~. 1
	155	+	SECTION 5. This act shall take effect on July 1, 2024. 1
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158	157		LC003219
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160	159
161	160
162	161		LC003219 - Page 6 of 6
163	162		EXPLANATION
164	163		BY THE LEGISLATIVE COUNCIL
165	164		OF
166	165		A N A C T
167	166		RELATING TO MOTOR AN D OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND
168	167		PERMITS
169	168		***
170	169		This act would allow the division of motor vehicles to issue a Rhode Island state 1
171	170		identification card to residents unable to establish lawful presence in the United States upon proof 2
172	171		of proper documentation as required with respect to driver privilege cards and permits. 3
173	172		This act would further provide that a state identification card so issued would not be valid 4
174	173		for voting purposes. 5
175		-	This act would take effect on July 1, 2024 ~~January 1, 2024~~. 6
	174	+	This act would take effect on July 1, 2024. 6
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177	176		LC003219
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