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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5929 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001265 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES |
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| 16 | 16 | | Introduced By: Representatives Voas, Casimiro, and Alzate |
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| 17 | 17 | | Date Introduced: February 28, 2025 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | (Dept. of Revenue) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 3-8-6 and 3-8-6.1 of the General Laws in Chapter 3-8 entitled 1 |
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| 23 | 23 | | "Regulation of Sales" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 3-8-6. Unlawful drinking and misrepresentation by underage persons — 3 |
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| 25 | 25 | | Identification cards for persons twenty-one and older. 4 |
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| 26 | 26 | | (a) It is unlawful for: 5 |
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| 27 | 27 | | (1) A person who has not reached his or her twenty-first (21st) birthday to enter any 6 |
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| 28 | 28 | | premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having 7 |
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| 29 | 29 | | served or delivered to him or her alcoholic beverages; or 8 |
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| 30 | 30 | | (2) A person who has not reached his or her twenty-first (21st) birthday to consume any 9 |
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| 31 | 31 | | alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, 10 |
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| 32 | 32 | | attempt to purchase, or have another purchase for him or her any alcoholic beverage; or 11 |
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| 33 | 33 | | (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or 12 |
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| 34 | 34 | | to misrepresent his or her age through the presentation of any of the following documents: 13 |
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| 35 | 35 | | (i) An armed service identification card, valid passport, the identification card license, or 14 |
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| 36 | 36 | | any other documentation used for identification purposes that may belong to any other person who 15 |
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| 37 | 37 | | is twenty-one (21) years or older; 16 |
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| 38 | 38 | | (ii) A motor vehicle operator’s license or a driver privilege card issued pursuant to § 31-17 |
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| 39 | 39 | | 10.4-2 that bears the date of birth of the licensee and that is issued by this state or any other state; 18 |
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| 40 | 40 | | (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001265 - Page 2 of 8 |
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| 44 | 44 | | inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic 1 |
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| 45 | 45 | | beverage to a minor. 2 |
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| 46 | 46 | | (b)(1) The administrator of the division of motor vehicles shall issue to any person who 3 |
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| 47 | 47 | | has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment 4 |
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| 48 | 48 | | of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal 5 |
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| 49 | 49 | | certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or 6 |
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| 50 | 50 | | refugee document issued by the United States Citizenship and Immigration Services, including, but 7 |
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| 51 | 51 | | not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a 8 |
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| 52 | 52 | | form evidencing that the applicant is a current or past recipient of a grant of deferred action under 9 |
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| 53 | 53 | | the Deferred Action for Childhood Arrivals program, together with a document bearing the 10 |
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| 54 | 54 | | applicant’s signature. 11 |
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| 55 | 55 | | (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay 12 |
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| 56 | 56 | | the fee. 13 |
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| 57 | 57 | | (3) Each registration card shall be subject to renewal every five (5) years upon payment of 14 |
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| 58 | 58 | | a fee of twenty-five dollars ($25). 15 |
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| 59 | 59 | | (4) No person who holds an operator’s license or a driver privilege card, or an identification 16 |
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| 60 | 60 | | card issued by this state or any other state or jurisdiction shall be issued a Rhode Island 17 |
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| 61 | 61 | | identification card. 18 |
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| 62 | 62 | | (5) The identification card shall be signed by the administrator of the division of motor 19 |
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| 63 | 63 | | vehicles and by the applicant and his or her picture shall appear on the card along with the required 20 |
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| 64 | 64 | | information and the card shall be encased in laminated plastic. The card shall be two inches (2″) in 21 |
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| 65 | 65 | | height and four inches (4″) in length and shall be printed in the following form: 22 |
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| 66 | 66 | | RHODE ISLAND IDENTIFICATION CARD 23 |
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| 67 | 67 | | Date Issued .......................................................................................................................... No. ....... 24 |
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| 68 | 68 | | First Name Middle Name Last Name 25 |
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| 69 | 69 | | ........................................................................................................................................................... 26 |
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| 70 | 70 | | Address 27 |
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| 71 | 71 | | ........................................................................................................................................................... 28 |
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| 72 | 72 | | BIRTH RECORD 29 |
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| 73 | 73 | | Month .......................................................................................... Day .............. Year ......................... 30 |
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| 74 | 74 | | Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt. 31 |
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| 75 | 75 | | ………… ………… …… …… …… 32 |
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| 76 | 76 | | Issued by 33 |
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| 77 | 77 | | Administrator of the Division of Motor Vehicles 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001265 - Page 3 of 8 |
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| 81 | 81 | | ............................................................................................... 1 |
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| 82 | 82 | | ............................................................................................... 2 |
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| 83 | 83 | | ............................................................................................... 3 |
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| 84 | 84 | | Administrator 4 |
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| 85 | 85 | | (6) The identification cards shall be produced at the adult correctional institutions if they 5 |
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| 86 | 86 | | have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards 6 |
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| 87 | 87 | | shall be manufactured by the lowest responsible bidder following advertisement for the solicitation 7 |
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| 88 | 88 | | of bids. 8 |
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| 89 | 89 | | (7) The identification cards shall be clearly distinguishable from those issued pursuant to 9 |
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| 90 | 90 | | § 3-8-6.1 and operators’ and chauffeurs’ licenses issued pursuant to title 31. 10 |
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| 91 | 91 | | (8) Any person who has been designated as permanently and totally disabled by the social 11 |
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| 92 | 92 | | security administration or who upon certification by an optometrist, ophthalmologist, or physician 12 |
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| 93 | 93 | | that a holder of a valid and current motor vehicle operator’s license is no longer able to operate a 13 |
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| 94 | 94 | | motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon 14 |
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| 95 | 95 | | request, a Rhode Island identification card for the unexpired term of the person’s motor vehicle 15 |
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| 96 | 96 | | operator’s license at no additional cost. Thereafter, a renewal of such card shall be subject to the 16 |
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| 97 | 97 | | standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty-17 |
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| 98 | 98 | | ninth (59th) birthday. 18 |
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| 99 | 99 | | (9) The administrator of the division of motor vehicles shall, upon presentation of a United 19 |
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| 100 | 100 | | States Department of Defense (DD) FORM 214 or other acceptable documentation of military 20 |
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| 101 | 101 | | service and verification of an honorable discharge, issue an identification card to the presenter that 21 |
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| 102 | 102 | | is clearly marked “veteran,” at no additional cost. 22 |
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| 103 | 103 | | (c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or 23 |
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| 104 | 104 | | photographic reproduction equipment that provides the same information as required by the book. 24 |
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| 105 | 105 | | That licensee or the licensee’s employee shall require any person who has shown a document as 25 |
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| 106 | 106 | | set forth in this section substantiating his or her age to sign that book or to permit the taking of his 26 |
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| 107 | 107 | | or her photograph and indicate what document was presented. Use of the photographic reproduction 27 |
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| 108 | 108 | | equipment is voluntary for every Class A, B, C, and D licensee. 28 |
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| 109 | 109 | | (2) The sign-in-as-minor book and photographic reproduction equipment shall be 29 |
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| 110 | 110 | | prescribed, published, and approved at the direction and control of the division. The book shall 30 |
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| 111 | 111 | | contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be 31 |
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| 112 | 112 | | distributed at a cost not to exceed seven dollars ($7.00). 32 |
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| 113 | 113 | | (3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph 33 |
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| 114 | 114 | | taken before he or she is sold any alcoholic beverage and it is later determined that the person had 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001265 - Page 4 of 8 |
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| 118 | 118 | | not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie 1 |
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| 119 | 119 | | evidence that the licensee and/or the licensee’s agent or servant acted in good faith in selling any 2 |
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| 120 | 120 | | alcoholic beverage to the person producing the document as set forth in this section misrepresenting 3 |
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| 121 | 121 | | his or her age. 4 |
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| 122 | 122 | | (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of 5 |
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| 123 | 123 | | the licensee and/or the licensee’s agent or servant for an alleged violation of this section. 6 |
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| 124 | 124 | | (d)(1) Any person who violates this section shall be punished for the first offense by a 7 |
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| 125 | 125 | | mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars 8 |
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| 126 | 126 | | ($500) and shall be further punished by thirty (30) hours of community service and shall be further 9 |
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| 127 | 127 | | punished by a suspension of his or her motor vehicle operator’s license or driving privileges for a 10 |
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| 128 | 128 | | period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred 11 |
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| 129 | 129 | | dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by 12 |
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| 130 | 130 | | forty (40) hours of community service and will be further punished by a suspension of his or her 13 |
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| 131 | 131 | | motor vehicle operator’s license or driving privileges for a period of three (3) months; and for the 14 |
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| 132 | 132 | | third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred 15 |
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| 133 | 133 | | fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by 16 |
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| 134 | 134 | | fifty (50) hours of community service and will be further punished by a suspension of his or her 17 |
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| 135 | 135 | | motor vehicle operator’s license or driving privileges for a period of one year. 18 |
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| 136 | 136 | | (2) Any suspension of an operator’s license or driving privilege pursuant to this section 19 |
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| 137 | 137 | | shall not operate to affect the insurance rating of the offender and any operator’s license or driving 20 |
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| 138 | 138 | | privilege suspended pursuant to this section shall be reinstated without further expense upon 21 |
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| 139 | 139 | | application. 22 |
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| 140 | 140 | | (e) Within thirty (30) days after this incident the police chief of the city or town where the 23 |
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| 141 | 141 | | incident took place is directed to inform, in writing, the department of business regulation whether 24 |
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| 142 | 142 | | or not charges in accordance with this section have been preferred against a person who has not 25 |
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| 143 | 143 | | reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought 26 |
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| 144 | 144 | | against any person who has not reached his or her twenty-first (21st) birthday and has violated the 27 |
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| 145 | 145 | | provisions of this section, then the police chief of the city or town where the incident took place 28 |
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| 146 | 146 | | will state the reason for his or her failure to charge the person who has not reached his or her twenty-29 |
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| 147 | 147 | | first (21st) birthday. 30 |
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| 148 | 148 | | (f) The Rhode Island identification card may be withdrawn at any time for just cause, at 31 |
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| 149 | 149 | | the discretion of the administrator of the division of motor vehicles. The administrator of the 32 |
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| 150 | 150 | | division of motor vehicles shall keep a record of the cards issued and each card shall contain an 33 |
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| 151 | 151 | | identification number specifically assigned to the person to whom the card was issued. 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001265 - Page 5 of 8 |
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| 155 | 155 | | (g) Issuance of a Rhode Island identification card under this section to a current or past 1 |
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| 156 | 156 | | recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) 2 |
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| 157 | 157 | | program shall not confer the right to vote in the state of Rhode Island. 3 |
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| 158 | 158 | | 3-8-6.1. Identification cards for persons under the age of 21. 4 |
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| 159 | 159 | | (a)(1) The administrator of the division of motor vehicles shall issue to any person upon 5 |
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| 160 | 160 | | request, who is under twenty-one (21) years of age, an identification card upon payment of a fee of 6 |
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| 161 | 161 | | twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or 7 |
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| 162 | 162 | | U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee 8 |
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| 163 | 163 | | document issued by the United States Citizenship and Immigration Services including, but not 9 |
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| 164 | 164 | | limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form 10 |
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| 165 | 165 | | evidencing that the applicant is a current or past recipient of a grant of deferred action under the 11 |
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| 166 | 166 | | Deferred Action for Childhood Arrivals program, together with a document bearing the applicant’s 12 |
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| 167 | 167 | | signature. No person who holds an operator’s license or, a driver privilege card, or an identification 13 |
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| 168 | 168 | | card issued by this state or any other state or jurisdiction, shall be issued an identification card. 14 |
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| 169 | 169 | | (2) The identification card shall be subject to renewal every five (5) years upon the payment 15 |
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| 170 | 170 | | of a fee of twenty-five dollars ($25.00). 16 |
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| 171 | 171 | | (3) The identification card shall be signed by the administrator of the division of motor 17 |
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| 172 | 172 | | vehicles and also by the applicant, and his or her picture shall appear on the card along with the 18 |
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| 173 | 173 | | required information and the card shall be encased in laminated plastic. The card shall be two inches 19 |
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| 174 | 174 | | (2″) in height and four inches (4″) in length and shall be printed in the following form: 20 |
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| 175 | 175 | | IDENTIFICATION CARD 21 |
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| 176 | 176 | | Date Issued .......................................................................................................................... No. ....... 22 |
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| 177 | 177 | | First Name Middle Name Last Name 23 |
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| 178 | 178 | | ........................................................................................................................................................... 24 |
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| 179 | 179 | | Address 25 |
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| 180 | 180 | | ........................................................................................................................................................... 26 |
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| 181 | 181 | | BIRTH RECORD 27 |
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| 182 | 182 | | Month .......................................................................................... Day .............. Year ......................... 28 |
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| 183 | 183 | | Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt. 29 |
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| 184 | 184 | | ………… ………… …… …… …… 30 |
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| 185 | 185 | | Issued by 31 |
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| 186 | 186 | | Administrator of the Division of Motor Vehicles 32 |
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| 187 | 187 | | ............................................................................................... 33 |
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| 188 | 188 | | ............................................................................................... 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001265 - Page 6 of 8 |
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| 192 | 192 | | ............................................................................................... 1 |
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| 193 | 193 | | Administrator 2 |
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| 194 | 194 | | (4) The identification cards shall be produced at the adult correctional institution if they 3 |
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| 195 | 195 | | have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards 4 |
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| 196 | 196 | | shall be manufactured by the lowest responsible bidder following advertisement for the solicitation 5 |
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| 197 | 197 | | of bids. 6 |
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| 198 | 198 | | (5) The identification cards shall be clearly distinguishable from those issued pursuant to 7 |
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| 199 | 199 | | § 3-8-6 and operators’ and chauffeurs’ licenses issued pursuant to title 31. 8 |
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| 200 | 200 | | (b) The identification card may be withdrawn at any time for just cause, at the discretion 9 |
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| 201 | 201 | | of the administrator of the division of motor vehicles. The administrator of the division of motor 10 |
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| 202 | 202 | | vehicles shall keep a record of the cards issued and each card shall contain an identification number 11 |
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| 203 | 203 | | specifically assigned to the person to whom the card was issued. 12 |
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| 204 | 204 | | (c) The administrator of the division of motor vehicles shall, upon presentation of a United 13 |
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| 205 | 205 | | States Department of Defense (DD) FORM 214 or other acceptable documentation of military 14 |
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| 206 | 206 | | service and verification of an honorable discharge, issue an identification card to the presenter that 15 |
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| 207 | 207 | | is clearly marked “veteran,” at no additional cost. 16 |
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| 208 | 208 | | (d) Issuance of a Rhode Island identification card under this section to a current or past 17 |
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| 209 | 209 | | recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) 18 |
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| 210 | 210 | | program shall not confer the right to vote in the state of Rhode Island. 19 |
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| 211 | 211 | | SECTION 2. Section 31-10-1 of the General Laws in Chapter 31-10 entitled "Operators’ 20 |
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| 212 | 212 | | and Chauffeurs’ Licenses" is hereby amended to read as follows: 21 |
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| 213 | 213 | | 31-10-1. License required to drive. 22 |
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| 214 | 214 | | (a) No person, except those expressly exempted in this chapter, shall drive any motor 23 |
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| 215 | 215 | | vehicle upon a highway in this state unless that person has a valid license as an operator or chauffeur 24 |
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| 216 | 216 | | under the provisions of this chapter. No person shall receive an operator’s license unless and until 25 |
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| 217 | 217 | | he or she surrenders to the division of motor vehicles all valid operators’ licenses and identification 26 |
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| 218 | 218 | | cards in his or her possession issued to that person by this state or any other state or jurisdiction. 27 |
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| 219 | 219 | | All surrendered licenses shall be returned by the division of motor vehicles to the issuer together 28 |
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| 220 | 220 | | with the information that the licensee is now licensed in this state. No person shall be permitted to 29 |
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| 221 | 221 | | have more than one valid operator’s license at any time. Any resident as defined under § 31-1-18 30 |
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| 222 | 222 | | shall be required to obtain a Rhode Island operator’s or chauffeur’s license within thirty (30) days 31 |
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| 223 | 223 | | of establishing residency. 32 |
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| 224 | 224 | | (b) No person shall drive a motor vehicle as a chauffeur unless he or she holds a valid 33 |
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| 225 | 225 | | chauffeur’s license. No person shall receive a chauffeur’s license unless and until he or she 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001265 - Page 7 of 8 |
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| 229 | 229 | | surrenders to the division of motor vehicles any operator’s license issued to him or her, or an 1 |
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| 230 | 230 | | affidavit that he or she does not possess an operator’s license. 2 |
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| 231 | 231 | | (c) Any person holding a valid chauffeur’s license under this chapter need not procure an 3 |
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| 232 | 232 | | operator’s license. 4 |
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| 233 | 233 | | (d) Any person licensed as an operator or chauffeur under this chapter may exercise the 5 |
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| 234 | 234 | | privilege granted by that license upon all streets and highways in this state, and shall not be required 6 |
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| 235 | 235 | | to obtain any other license to exercise that privilege by any county, municipal, or local board, or 7 |
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| 236 | 236 | | by any body having authority to adopt local police regulations. 8 |
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| 237 | 237 | | SECTION 3. Section 31-46-4 of the General Laws in Chapter 31-46 entitled "Rhode Island 9 |
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| 238 | 238 | | Salvage Law" is hereby amended to read as follows: 10 |
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| 239 | 239 | | 31-46-4. Restoration. 11 |
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| 240 | 240 | | If a motor vehicle is restored for operation on the highways, application shall be made to 12 |
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| 241 | 241 | | the division of motor vehicles for a certificate of title. Upon inspection by the division of motor 13 |
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| 242 | 242 | | vehicles, which shall include establishing proof of ownership, and upon the surrender of the salvage 14 |
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| 243 | 243 | | certificate of title, the division of motor vehicles shall issue a certificate of title for a fee prescribed 15 |
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| 244 | 244 | | by the administrator of the division of motor vehicles. The certificate of title shall be in the same 16 |
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| 245 | 245 | | form and color as the original certificate and bear the same number as the salvage certificate and 17 |
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| 246 | 246 | | the original certificate and shall bear the word “re-constructed rebuilt salvage” on the title. A fee 18 |
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| 247 | 247 | | of fifty-five dollars ($55.00) shall be assessed for each inspection made pursuant to this section. 19 |
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| 248 | 248 | | SECTION 4. Sections 1 and 2 of this act shall take effect upon passage and section 3 shall 20 |
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| 249 | 249 | | take effect six (6) months after passage. 21 |
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| 250 | 250 | | ======== |
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| 251 | 251 | | LC001265 |
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| 252 | 252 | | ======== |
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| 253 | 253 | | |
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| 254 | 254 | | |
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| 255 | 255 | | LC001265 - Page 8 of 8 |
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| 256 | 256 | | EXPLANATION |
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| 257 | 257 | | BY THE LEGISLATIVE COUNCIL |
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| 258 | 258 | | OF |
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| 259 | 259 | | A N A C T |
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| 260 | 260 | | RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES |
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| 261 | 261 | | *** |
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| 262 | 262 | | This act would prohibit the holding of multiple drivers licenses or identification cards and 1 |
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| 263 | 263 | | would change the term "re-constructed salvage" to "rebuilt salvage" for purposes of the Rhode 2 |
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| 264 | 264 | | Island salvage law. 3 |
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| 265 | 265 | | Sections 1 and 2 of this act would take effect upon passage and section 3 would take effect 4 |
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| 266 | 266 | | six (6) months after passage. 5 |
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| 267 | 267 | | ======== |
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| 268 | 268 | | LC001265 |
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| 269 | 269 | | ======== |
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