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Rhode Island Senate Bill S0129

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0129 Compare Versions

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89 S TATE OF RHODE IS LAND
910 IN GENERAL ASSEMBLY
1011 JANUARY SESSION, A.D. 2023
1112 ____________
1213
1314 A N A C T
1415 RELATING TO MOTOR AN D OTHER VEHICLES -- DRIVER PRIVILEGE CARDS AND
1516 PERMITS
1617 Introduced By: Senators Cano, Ciccone, Quezada, Lawson, DiPalma, Burke, Murray,
1718 Acosta, Euer, and Kallman
1819 Date Introduced: February 01, 2023
1920 Referred To: Senate Judiciary
2021
2122
2223 It is enacted by the General Assembly as follows:
2324 SECTION 1. The title of Chapter 31-10.4 of the General Laws entitled "Driver Privilege 1
2425 Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 2
2526 CHAPTER 31-10.4 3
2627 Driver Privilege Cards and Permits [Effective July 1, 2023.] 4
2728 CHAPTER 31-10.4 5
2829 Driver Privilege Cards and Permits [Effective July 1, 2023.]; State Identification Cards [Effective 6
29-January 1, 2024.] 7
30+July 1, 2024.] 7
3031 SECTION 2. Section 31-10.4-1 of the General Laws in Chapter 31-10.4 entitled "Driver 8
3132 Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 9
3233 31-10.4-1. Driver privilege cards and permits. [Effective July 1, 2023.] Driver 10
3334 privilege cards and permits [Effective July 1, 2023]; State identification cards [Effective July 11
34-1, 2024.] January 1, 2024]; 12
35+1, 2024]; 12
3536 (a) Upon application of any person, who otherwise meets the requirements of chapter 10 13
3637 of this title, except is unable to establish legal presence in the United States, the division of motor 14
37-vehicles is authorized to issue a driver privilege card and/or driver privilege permit, if the applicant 15
38-otherwise meets the requirements of chapter 10 of this title, or a Rhode Island state identification 16
39-card, to any applicant, if the division of motor vehicles determines that the applicant: 17
38+vehicles is authorized to issue a driver privilege card and/or driver privilege permit and/or Rhode 15
39+Island state identification card, to any applicant, if the division of motor vehicles determines that 16
40+the applicant: 17
4041 (1) Has verification from the tax administrator that the applicant either has filed a personal 18
4142
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43+
44+LC000269/SUB A - Page 2 of 5
4345 income tax return as a resident with this state for the tax year preceding the date of application or 1
4446 has been claimed as a dependent on a personal income tax return by an individual who has filed a 2
4547 personal income tax return as a resident with this state for the tax year preceding the date of 3
4648 application; 4
4749 (2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one 5
4850 primary proof of identity document and one secondary proof of identity document, as defined in § 6
4951 31-10.4-5; 7
5052 (3) Presents two (2) proof of residency documents, which shall mean, for purposes of this 8
5153 subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be 9
5254 amended from time to time; and 10
5355 (4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this 11
54-title provided that this subsection (4) shall not apply to applicants for a Rhode Island state 12
55-identification card. 13
56-(b) Notwithstanding any other provision of law to the contrary, the administrator of the 14
57-division of motor vehicles may provide information submitted by the applicant to the tax 15
58-administrator for the sole purpose of implementing subsection (a)(1) of this section, and such 16
59-information shall be kept confidential by the tax administrator. 17
60-(c) Rhode Island state identification cards issued under this section shall be in the formats 18
61-required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The 19
62-division of motor vehicles may prescribe additional formatting requirements as it deems necessary 20
63-to further the provisions of this subsection. 21
64-SECTION 3. Section 31-10.4-3 of the General Laws in Chapter 31-10.4 entitled "Driver 22
65-Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 23
66-31-10.4-3. Confidentiality of documents — Privacy. [Effective July 1, 2023.] 24
67-Confidentiality of documents -- Privacy [Effective July 1, 2023.]; State identification cards 25
68-[Effective July 1, 2024.] January 1, 2024] 26
69-(a) The division of motor vehicles shall not release the following information, relating to 27
70-the issuance of a driver privilege card or permit, or a Rhode Island state identification card issued 28
71-pursuant to § 31-10.4-1, except upon request by the subject of the information, the parent of a minor 29
72-who is the subject of the information, the guardian of the subject of the information, or the 30
73-authorized representative of the subject of the information, or pursuant to a court order: 31
74-(1) Proof documents submitted for the purpose of obtaining a driver privilege card or 32
75-permit or a Rhode Island state identification card issued pursuant to § 31-10.4-1; 33
76-(2) The information in the division of motor vehicles’ records indicating the type of proof 34
56+title provided that this subsection (4) shall not apply to the Rhode Island state identification card. 12
57+(b) Notwithstanding any other provision of law to the contrary, the administrator of the 13
58+division of motor vehicles may provide information submitted by the applicant to the tax 14
59+administrator for the sole purpose of implementing subsection (a)(1) of this section, and such 15
60+information shall be kept confidential by the tax administrator. 16
61+(c) Rhode Island state identification cards issued under this section shall be in the formats 17
62+required by the division of motor vehicles pursuant to §§ 3-8-6 and 3-8-6.1, respectively. The 18
63+division of motor vehicles may prescribe additional formatting requirements as it deems necessary 19
64+to further the provisions of this subsection. 20
65+SECTION 3. Section 31-10.4-3 of the General Laws in Chapter 31-10.4 entitled "Driver 21
66+Privilege Cards and Permits [Effective July 1, 2023.]" is hereby amended to read as follows: 22
67+31-10.4-3. Confidentiality of documents — Privacy. [Effective July 1, 2023.] 23
68+Confidentiality of documents -- Privacy [Effective July 1, 2023.]; State identification cards 24
69+[Effective July 1, 2024.] 25
70+(a) The division of motor vehicles shall not release the following information, relating to 26
71+the issuance of a driver privilege card or permit, or Rhode Island state identification card, except 27
72+upon request by the subject of the information, the parent of a minor who is the subject of the 28
73+information, the guardian of the subject of the information, or the authorized representative of the 29
74+subject of the information, or pursuant to a court order: 30
75+(1) Proof documents submitted for the purpose of obtaining a driver privilege card or 31
76+permit or Rhode Island state identification card; 32
77+(2) The information in the division of motor vehicles’ records indicating the type of proof 33
78+documentation that was provided; or 34
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79-documentation that was provided; or 1
80-(3) Applications. 2
81-(b) Notwithstanding any other law to the contrary, any document, including photo images, 3
82-provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s 4
83-eligibility for a non-commercial driver’s license, or permit or a Rhode Island state identification 5
84-card issued pursuant to § 31-10.4-1, or for renewal of such license or permit or Rhode Island state 6
85-identification card, under this section is not a public record and may not be disclosed by the 7
86-division, except to the person who is the subject of such records or in response to a subpoena for 8
87-individual records in a criminal proceeding or pursuant to a lawful court order. 9
88-(c) The division, and any agent or employee of the division, shall not disclose or make 10
89-accessible in any manner, records or information that he or she obtains or maintains under this 11
90-section, including photo images, to any federal, state, or municipal agency or to any employee or 12
91-agent of such agency for the purpose of enforcing immigration law, unless the division is presented 13
92-with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of 14
93-the United States Constitution. 15
94-(1) Upon receiving a request for such records or information, the division shall, no later 16
95-than three (3) days after such request, notify the individual, about whom such information was 17
96-requested, informing the individual of the request and the identity of the agency that made the 18
97-request. 19
98-(d) The division shall require any agency or entity that receives or has access to records or 20
99-information from the division, including photo images, to certify, before such receipt or access, that 21
100-such person or entity shall not: 22
101-(1) Use such records or information for immigration enforcement purposes; or 23
102-(2) Disclose such records or information to any other agency or entity, or to any employee 24
103-or agent of any such agency or entity, unless that other agency or entity also certifies that the 25
104-information will not be used for purposes of enforcing immigration law. 26
105-SECTION 4. Chapter 31-10.4 of the General Laws entitled "Driver Privilege Cards and 27
106-Permits [Effective July 1, 2023.]" is hereby amended by adding thereto the following section: 28
107-31-10.4-2.1. Issuance of state identification cards to individuals unable to establish 29
108-legal presence [Effective July 1, 2024.] January 1, 2024] 30
109-(a) Effective January 1, 2024, Rhode Island state identification cards issued pursuant to § 31
110-31-10.4-1, shall confer the same privileges and shall be subject to the same provisions as those 32
111-issued under chapter 8 of title 3, unless otherwise provided, and shall be subject to the following 33
112-conditions and exceptions: 34
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115-(1) The front and back of a Rhode Island state identification card issued pursuant to § 31-1
116-10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-2
117-8-6.1, respectively, that is not a REAL ID credential; 3
118-(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-4
119-1 shall not be required to present proof of legal presence in the United States or proof of a social 5
120-security number, if the individual does not have one; 6
121-(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) 7
122-through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued 8
123-pursuant to § 31-10.4-1; and 9
124-(4) Any information collected pursuant to this section, that is not otherwise collected by 10
125-the division of motor vehicles or required for the issuance of an identification card issued under 11
126-chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles' 12
127-records, related to the issuance of a credential issued pursuant to this section, shall not be considered 13
128-a public record. The information shall not be released, except upon request by the subject of the 14
129-information, the parent of a minor who is the subject of the information, the guardian of the subject 15
130-of the information, or the authorized representative of the subject of the information, or pursuant to 16
131-a court order. 17
132-(b) A Rhode Island state identification card issued to any person who is unable to establish 18
133-legal presence in the United States shall not be a valid form of identification for official federal 19
134-purposes or state voting purposes. 20
135-(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-21
136-1 shall be required to comply with all other applicable Rhode Island laws, rules, and regulations. 22
137-(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used 23
138-as evidence of the holder's citizenship or immigration status, and shall not be used as a basis for a 24
139-criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode 25
140-Island state identification card would not be criminally investigated, arrested, or detained. Any 26
141-person aggrieved by a violation of this subsection may seek appropriate declaratory and/or 27
142-injunctive relief and may be awarded damages and costs, including attorneys' fees. 28
143-(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 29
144-solely on the ground that they hold or present a Rhode Island state identification card, issued under 30
145-this section. 31
146-(f) No person who holds an operator's license or a driver privilege card or permit issued by 32
147-this state under this chapter or any other state shall be issued a Rhode Island state identification 33
148-card pursuant to § 31-10.4-1. 34
81+LC000269/SUB A - Page 3 of 5
82+(3) Applications. 1
83+(b) Notwithstanding any other law to the contrary, any document, including photo images, 2
84+provided by the applicant to the division of motor vehicles for purposes of proving the applicant’s 3
85+eligibility for a non-commercial driver’s license or permit or for renewal of such license or permit 4
86+or Rhode Island state identification card, under this section is not a public record and may not be 5
87+disclosed by the division, except to the person who is the subject of such records or in response to 6
88+a subpoena for individual records in a criminal proceeding or pursuant to a lawful court order. 7
89+(c) The division, and any agent or employee of the division, shall not disclose or make 8
90+accessible in any manner, records or information that he or she obtains or maintains under this 9
91+section, including photo images, to any federal, state, or municipal agency or to any employee or 10
92+agent of such agency for the purpose of enforcing immigration law, unless the division is presented 11
93+with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of 12
94+the United States Constitution. 13
95+(1) Upon receiving a request for such records or information, the division shall, no later 14
96+than three (3) days after such request, notify the individual, about whom such information was 15
97+requested, informing the individual of the request and the identity of the agency that made the 16
98+request. 17
99+(d) The division shall require any agency or entity that receives or has access to records or 18
100+information from the division, including photo images, to certify, before such receipt or access, that 19
101+such person or entity shall not: 20
102+(1) Use such records or information for immigration enforcement purposes; or 21
103+(2) Disclose such records or information to any other agency or entity, or to any employee 22
104+or agent of any such agency or entity, unless that other agency or entity also certifies that the 23
105+information will not be used for purposes of enforcing immigration law. 24
106+SECTION 4. Chapter 31-10.4 of the General Laws entitled "Driver Privilege Cards and 25
107+Permits [Effective July 1, 2023.]" is hereby amended by adding thereto the following section: 26
108+31-10.4-2.1. Issuance of state identification cards to individuals unable to establish 27
109+legal presence [Effective July 1, 2024.] 28
110+(a) Rhode Island state identification cards shall confer the same privileges and shall be 29
111+subject to the same provisions of as those issued under chapter 8 of title 3, unless otherwise 30
112+provided, and shall be subject to the following conditions and exceptions: 31
113+(1) An applicant for a Rhode Island state identification card shall not be required to present 32
114+proof of legal presence in the United States or proof of a social security number, if the individual 33
115+does not have one; 34
149116
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151-SECTION 5. This act shall take effect on July 1, 2024 January 1, 2024. 1
152- 2
117+
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119+(2) Any information collected pursuant to this section, that is not otherwise collected by 1
120+the division of motor vehicles or required for the issuance of any other credential issued pursuant 2
121+to the provisions of this chapter and any information regarding restrictions in the division of motor 3
122+vehicles' records, related to the issuance of a credential issued pursuant to this section, shall not be 4
123+considered a public record. The information shall not be released, except upon request by the 5
124+subject of the information, the parent of a minor who is the subject of the information, the guardian 6
125+of the subject of the information, or the authorized representative of the subject of the information, 7
126+or pursuant to a court order. 8
127+(b) A Rhode Island state identification card issued to any person who is unable to establish 9
128+legal presence in the United States shall not be a valid form of identification for official federal 10
129+purposes or state voting purposes. 11
130+(c) The applicant for a Rhode Island state identification card shall be required to comply 12
131+with all other applicable Rhode Island laws, rules, and regulations. 13
132+(d) A Rhode Island state identification card shall not be used as evidence of the holder's 14
133+citizenship or immigration status, and shall not be used as a basis for a criminal investigation, arrest, 15
134+or detention in circumstances where a person with a regular Rhode Island state identification card 16
135+would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of 17
136+this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded 18
137+damages and costs, including attorneys' fees. 19
138+(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual 20
139+solely on the ground that they hold or present a Rhode Island state identification card, issued under 21
140+this section. 22
141+(f) No person who holds an driver privilege card or permit issued by this state under this 23
142+chapter or any other state shall be issued a Rhode Island state identification card. 24
143+SECTION 5. This act shall take effect on July 1, 2024. 25
144+ 26
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158151 EXPLANATION
159152 BY THE LEGISLATIVE COUNCIL
160153 OF
161154 A N A C T
162155 RELATING TO MOTOR AND OTHER VEHI CLES -- DRIVER PRIVILEGE CARDS AND
163156 PERMITS
164157 ***
165158 This act would allow the division of motor vehicles to issue a Rhode Island state 1
166159 identification card to residents unable to establish lawful presence in the United States upon proof 2
167160 of proper documentation as required with respect to driver privilege cards and permits. 3
168161 This act would further provide that a state identification card so issued would not be valid 4
169162 for voting purposes. 5
170-This act would take effect on July 1, 2024 January 1, 2024. 6
163+This act would take effect on July 1, 2024. 6
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