2008 -- H 7138

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LC00168

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

TAXPAYER AND CITIZEN PROTECTION ACT OF 2008

     Introduced By: Representatives Palumbo, Mattiello, Singleton, Gablinske, and Carter

     Date Introduced: January 16, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 150

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THE RHODE ISLAND TAX PAYER AND CITIZEN PROTECTION ACT OF 2008

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     42-150-1. Short title. -- This chapter shall be known and may be cited as "The Rhode

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Island Taxpayer and Citizen Protection Act of 2008."

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     42-150-2. Legislative findings. -- It is hereby found and declared as follows:

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     (a) That illegal immigration is causing economic hardship and lawlessness in this state

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and that illegal immigration is encouraged by public agencies within this state that provide public

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benefits without verifying immigration status.

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     (b) That illegal immigrants have been harbored and sheltered in this state and encouraged

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to reside in this state through the issuance of identification cards that are issued without verifying

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immigration status, and that these practices impede and obstruct the enforcement of federal

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immigration law, undermine the security of our borders, and impermissibly restrict the privileges

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and immunities of the citizens of Rhode Island.

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     (c) That it is a compelling public interest of this state to discourage illegal immigration by

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requiring all agencies within this state to fully cooperate with federal immigration authorities in

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the enforcement of federal immigration laws.

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     (d) That other measures are necessary to ensure the integrity of various governmental

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programs and services.

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     (e) That chapter seeks to secure to those lawfully present in the United States and this

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state, whether or not they are citizens of the United States, the right to live in peace free of or the

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threat of crime, to enjoy the public services provided by this state without being burdened by the

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cost of providing goods, support and services to aliens unlawfully present in the United States,

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and to be free of the debilitating effects on their economic and social well being imposed by the

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influx of illegal aliens to the fullest extent that these goals can be achieved consistent with the

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Constitution and Laws of the United States and the state of Rhode Island.

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     42-150-3. Definitions. -- When used in this chapter, the following words, terms and

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phrases shall have the meanings ascribed to them herein, and shall be construed so as to be

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consistent with federal law, including federal immigration law:

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     (a) "Status verification system" shall mean an electronic system operated by the federal

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government, through which an authorized official of an agency of the state of Rhode Island or of

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a political subdivision therein may make an inquiry, by exercise of authority delegated pursuant

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to Section 1373 of Title 8 of the United States Code, to verify or ascertain the citizenship or

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immigration status of any individual within the jurisdiction of the agency for any purpose

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authorized by section 42-150-9 of this act. The status verification system shall be deemed to

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include the electronic verification of the work authorization program of the Illegal Immigration

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Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8

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U.S.C. 1324a, and operated by the United States Department of Homeland Security, known as the

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Basic Pilot Program, or any equivalent federal work authorization program designated by the

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United States Department of Homeland Security or any other federal agency authorized to verify

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the work authorization status of newly hired employees, pursuant to the Immigration Reform and

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Control Act of 1986 (IRCA), D.L. 99-603;

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     (b) "Public employer" means every department, agency, or instrumentality of the state or

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a political subdivision of the state;

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     (c) "Subcontractor" includes a subcontractor, contract employee, staffing agency, or any

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contractor regardless of its tier;

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     (d) "Unauthorized alien" means an alien as defined in Section 1324a(h)(3) of Title 8 of

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the United States Code; and

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     (e) "Business unit" shall include any property location at which business is conducted.

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     42-150-4. Transporting and harboring illegal aliens. -- (a) It shall be unlawful for any

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person to transport, move, or attempt to transport in the state of Rhode Island any alien knowing

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or in reckless disregard of the fact that the alien has come to, entered, or remained in the United

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States in violation of law, in furtherance of the illegal presence of the alien in the United States.

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     (b) It shall be unlawful for any person to conceal, harbor, or shelter from detection any

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alien in any place within the state of Rhode Island, including any building or means of

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transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or

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remained in the United States in violation of law.

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     (1) For the purposes of this section, to let, lease, or rent a dwelling or business unit to an

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illegal alien, knowing or in reckless disregard of the fact that the alien has come to, entered, or

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remains in the United States in violation of law, shall be deemed to constitute harboring. To

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suffer or permit the occupancy of the dwelling or business unit by an illegal alien, knowing or in

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reckless disregard of the fact that the alien has come to, entered, or remains in the United States in

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violation of law, shall also be deemed to constitute harboring.

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     (2) A separate violation shall be deemed to have been committed on each day that such

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concealing, harboring or sheltering occurs, and for each illegal alien concealed, harbored, and/or

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sheltered in the dwelling or business unit.

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     (c) Any person in violation of the provisions of subsections (a) or (b) of this section shall,

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upon conviction, be guilty of a felony punishable by imprisonment in the custody of the

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department of corrections for not less than one year, or by a fine of not less than one thousand

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dollars ($1,000), or by both fine and imprisonment. Any person found guilty of a subsequent

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violation under this chapter shall be subject to imprisonment for a term of not more than three (3)

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years and a fine of not more than five thousand dollars ($5,000).

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     42-150-5. Detainee status verification. -- (a) When a person charged with a felony or

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with driving under the influence of liquor or drugs pursuant to chapter 31-27 et seq., is confined,

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for any period, in the jail of any municipality or a jail operated by the department of corrections, a

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reasonable effort shall be made to determine the citizenship status of the person so confined.

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     (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a

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reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if

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lawfully admitted, that such lawful status has not expired. If verification of lawful status can not

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be made from documents in the possession of the prisoner, verification shall be made within

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forty-eight (48) hours through a query to the Law Enforcement Support Center of the United

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States Department of Homeland Security or other office or agency designated for that purpose by

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the United States Department of Homeland Security. If the lawful immigration status of the

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prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States

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Department of Homeland Security.

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     (c) For the purpose of determining the grant of or issuance of bond, it shall be a

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rebuttable presumption that a person whose citizenship status has been verified pursuant to

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subsection (b) of this section to be a foreign national who has not been lawfully admitted to the

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United States, is at risk of flight.

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     42-150-6. Employee status verification. -- (a) Every public employer shall register and

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participate in the status verification system to verify the work authorization status of all new

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employees.

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     (1) No public employer shall enter into a contract for the physical performance of

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services within this state unless the contractor registers and participates in the status verification

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system to verify the work authorization status of all new employees.

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     (2) No contractor or subcontractor who enters a contract with a public employer shall

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enter into such a contract or subcontract in connection with the physical performance of services

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within this state unless the contractor or subcontractor registers and participates in the status

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verification system to verify information of all new employees.

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     (3) The discharge of any United States citizen or permanent resident alien employee by

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an employer of this state, who, on the date of the discharge employed an unauthorized alien in

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this state, shall be considered an unfair employment practice. The discharged employee shall have

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a private cause of action against the employing entity for the unfair employment practice. The

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employing entity found to have violated this paragraph shall be liable to the aggrieved employee

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for:

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     (i) actual loss of compensation and benefits sustained by the employee, plus liquidated

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damages in the amount of two percent (2%) for each day after the date of discharge or in an

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amount equal to the actual loss of compensation and benefits, whichever is smaller, from the date

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of the discharge until either the date the employee has been offered reemployment in writing at an

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equivalent or higher compensation level, or the date the employee has commenced any new

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employment at an equivalent rate of compensation, whichever occurs first, up to a maximum

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period of one hundred eighty (180) days from the date of discharge, plus reasonable interest from

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the date of discharge until the date of payment of the liability; and

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     (ii) reasonable attorney fees and costs.

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     (4) An employing entity which, on the date of the discharge in question, was currently

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enrolled in and used the basic pilot program or other electronic status verification system, as

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referred to in section 42-150-8 of this act, to verify the employment authorization of its

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employees in Rhode Island shall be exempt from liability for suit under this section.

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     (b) The provisions of this section shall be enforced without regard to race or national

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origin.

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     (c) The department of labor and training shall prescribe forms and promulgate rules and

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regulations deemed necessary in order to administer and effectuate the provisions of this section

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and publish such rules and regulations on the department of labor and training website.

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     42-150-7. Public assistance -- Applicant status. -- (a) Except as provided in subsection

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42-150-7(c) or where exempted by federal law, every agency or a political subdivision of this

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state shall verify the lawful presence in the United States of any natural person fourteen (14)

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years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C.

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Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is

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administered by an agency or a political subdivision of this state.

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     (b) The provisions of this section shall be enforced without regard to race, religion,

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gender, ethnicity, or national origin.

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     (c) Verification of lawful presence under the provisions of this section shall not be

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required:

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     (1) For any purpose for which lawful presence in the United States is not restricted by

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law, ordinance, or regulation;

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     (2) For assistance for health care items and services that are necessary for the treatment

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of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien

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involved and are not related to an organ transplant procedure;

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     (3) For short-term, non-cash, in-kind emergency disaster relief;

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     (4) For public health assistance for immunizations with respect to diseases and for testing

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and treatment of symptoms of communicable diseases whether or not such symptoms are caused

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by a communicable disease; or

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     (5) For programs, services, or assistance such as soup kitchens, crisis counseling and

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intervention, and short-term shelter specified by the United States Attorney General, in the sole

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and unreviewable discretion of the United States Attorney General after consultation with

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appropriate federal agencies and departments, which:

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     (i) deliver in-kind services at the community level, including through public or private

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nonprofit agencies;

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     (ii) do not condition the provision of assistance, the amount of assistance provided, or the

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cost of assistance provided on the income or resources of the individual recipient; and

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     (iii) are necessary for the protection of life or safety.

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     (d) Verification of lawful presence in the United States by the agency or political

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subdivision required to make such verification shall require that the applicant execute an affidavit

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under penalty of perjury that:

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     (1) He or she is a United States citizen; or

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     (2) He or she is a qualified alien under the federal Immigration and Nationality Act, and

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is lawfully present in the United States.

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     The agency or political subdivision providing the state or local public benefits shall

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provide notary public services at no cost to the applicant.

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     (e) For any applicant who has executed the affidavit described in subsection 42-150-7(d),

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eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement

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Program operated by the United States Department of Homeland Security or a successor program

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designated by the United States Department of Homeland Security. Until such eligibility

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verification is made, the affidavit may be presumed to be proof of lawful presence for the

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purposes of this section.

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     (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent

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statement of representation in an affidavit executed pursuant to subsection 42-150-7(d) shall be

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subject to criminal penalties applicable in this state for fraudulently obtaining public assistance

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program benefits. If the affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C.

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Section 911 a complaint shall be filed by the agency requiring the affidavit with the United States

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Attorney for the applicable district based upon the venue in which the affidavit was executed.

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     (g) Agencies or political subdivisions of this state may adopt variations to the

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requirements of the provisions of this section which demonstrably improve the efficiency or

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reduce delay in the verification process, or to provide for adjudication of unique individual

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circumstances where the verification procedures in this section would impose unusual hardship

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on a legal resident of Rhode Island.

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     (h) It shall be unlawful for any agency or a political subdivision of this state to provide

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any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611,

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in violation of the provisions of this section.

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     (i) Each state agency or department which administers any program of state or local

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public benefits shall provide an annual report to the governor, the president of the senate and the

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speaker of the house of representatives with respect to its compliance with the provisions of this

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section. Each agency or department shall monitor the systematic alien verification of entitlement

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program for verification application errors and significant delays and shall provide an annual

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public report on such errors and significant delays, and recommendations to ensure that the

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application of the systematic alien verification of entitlement program is not erroneously denying

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benefits to legal residents of Rhode Island. Errors shall also be reported to the United States

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Department of Homeland Security by each agency or department.

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     42-150-8. Form 1099 withholding and reporting -- Status verification. -- (a) The

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employer shall be required to withhold state income tax at the rate of six percent (6%) of the

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amount of either wages which are subject to withholding tax pursuant to the Internal Revenue

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Code of 1986, as amended or the amount of compensation paid to an individual which

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compensation is required to be reported on Form 1099 and in both cases with respect to which the

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individual has failed to provide a valid Social Security Number, issued by the U.S. Social

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Security Administration.

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     (b) Any employer who fails to comply with the withholding requirements of this

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subsection shall be liable for the taxes required to have been withheld unless such employer is

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exempt from federal withholding with respect to such individual pursuant to a properly filed

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Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of such form to

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the Rhode Island Division of Taxation.

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     42-150-9. Memorandum of understanding. -- (a) The Rhode Island Attorney General is

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authorized and directed to negotiate the terms of a Memorandum of Understanding between the

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State of Rhode Island and the United States Department of Justice or the United States

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Department of Homeland Security, as provided by Section 1357(g) of Title 8 of the United States

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Code, concerning the enforcement of federal immigration and custom laws, detention and

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removals, and investigations in the state of Rhode Island.

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     (b) The Memorandum of Understanding negotiated pursuant to subsection 42-150-9(a)

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shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise

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required by the appropriate federal agency.

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     (c) No local government, whether acting through its governing body or by an initiative,

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referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law

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enforcement officer, local official, or local government employee from communicating or

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cooperating with federal officials with regard to the immigration status of any person within this

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state.

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     (d) Notwithstanding any other provision of law, no government entity or official within

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the state of Rhode Island, may prohibit, or in any way restrict, any government entity or official

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from sending to, or receiving from, the United States Department of Homeland Security,

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information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

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     (e) Notwithstanding any other provision of law, no person or agency may prohibit, or in

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anyway restrict, a public employee from doing any of the following with respect to information

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regarding the immigration status, lawful or unlawful, of any individual:

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     (1) Sending such information to, or requesting or receiving such information from, the

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U.S. Department of Homeland Security;

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     (2) Maintaining such information; or

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     (3) Exchanging such information with any other federal, state, or local government entity.

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     (f) The provisions of this section shall allow for a private right of action by any natural or

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legal person lawfully domiciled in this state to file for a writ of mandamus to compel any non-

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cooperating local state governmental agency to comply with such reporting laws.

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     42-150-10. Educational benefits. -- An individual who is not lawfully present in the

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United States shall not be eligible on the basis of residence within the state for:

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     (1) Any postsecondary education benefit including, but not limited to, scholarships or

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financial aid; or

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     (2) Resident tuition.

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     42-150-11. Investigation of fraudulent documents. -- Subject to the availability of

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funding, the Rhode Island State Police shall establish the Fraudulent Documents Identification

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(FDI) Unit for the primary purpose of investigating and apprehending persons or entities that

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participate in the sale or distribution of fraudulent documents used for identification purposes.

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The unit shall additionally specialize in fraudulent identification documents created and prepared

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for persons who are unlawfully residing within the state of Rhode Island. The bureau shall

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employ sufficient employees to investigate and implement the FDI Unit.

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     SECTION 2. Section 31-10-3 of the General Laws in Chapter 31-10 entitled "Operators'

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and Chauffeurs' Licenses" is hereby amended to read as follows:

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     31-10-3. Persons ineligible for licenses. -- (a) The division of motor vehicles shall not

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issue any license under this chapter:

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      (1) To any person, as an operator, who is under the age of sixteen (16) years;

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      (2) To any person, as a chauffeur, who is under the age of eighteen (18) years;

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      (3) To any person, as an operator or chauffeur, whose license has been suspended, during

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that suspension, nor to any person whose license has been revoked, except as provided in section

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31-11-10;

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      (4) To any person, as an operator or chauffeur, who is a habitual drunkard or habitual

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user of drugs to such an extent that he or she is incapable of safely driving a motor vehicle;

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      (5) To any person, as an operator or chauffeur, who is required by this chapter to take an

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examination unless that person shall have successfully passed that examination;

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      (6) To any person who is required under the laws of this state to deposit proof of

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financial responsibility and who has not deposited that proof;

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      (7) To any person when the administrator of the division of motor vehicles has good

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cause based on clear and convincing evidence to believe that that person does not meet a standard

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of physical or mental fitness for motor vehicle licensure established pursuant to section 31-10-

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44(b) and that the person's physical or mental condition prevents him or her from being able to

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operate a motor vehicle with safety upon the highway;

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      (8) To any person when the administrator of the division of motor vehicles has good

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cause to believe that the operation of a motor vehicle on the highways by that person would pose

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an imminent safety risk to the general public as determined by objectively ascertainable

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standards;

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      (9) To any person who is subject to an order issued pursuant to section 14-1-67.

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     (10) To any person who is not a United States citizen, national or legal permanent

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resident alien.

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     (i) The provisions of subsection 31-10-3(a)(10) shall not apply when an applicant

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presents, in person, valid documentary evidence of:

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     (A) A valid, unexpired immigrant or nonimmigrant visa status for admission into the

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United States;

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     (B) A pending or approved application for asylum in the United States;

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     (C) Admission into the United States in refugee status;

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     (D) A pending or approved application for temporary protected status in the United

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States;

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     (E) Approved deferred action status; or

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     (F) A pending application for adjustment of status to legal permanent residence status or

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conditional resident status.

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     Upon approval, the applicant may be issued an identification document pursuant to this

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section pursuant to this section provided that such identification document shall be valid only

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during the period of time of the authorized stay of the applicant in the United States or if there is

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no definite end to the period of authorized stay, a period of one year. Any identification document

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issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and

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shall state the date that the identification document expires. Such identification document may be

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renewed only upon presentation of valid documentary evidence that the status by which the

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applicant qualified for the identification document has been extended by the United States

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Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of

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the United States Department of Homeland Security.

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     (ii) Any drivers license for which an application has been made for renewal, duplication

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or reissuance shall be presumed to have been issued in accordance with the provisions of

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subsection 31-10-3(a), provided that, at the time the application is made, the drivers license has

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not expired, or been cancelled, suspended or revoked. The requirements of subdivision 31-10-

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3(a)(10)(i) shall apply, however, to a renewal, duplication or reissuance if the division of motor

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vehicles is notified by a local, state or federal governmental agency of information in the

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possession of the agency indicating a reasonable suspicion that the individual seeking such

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renewal, duplication or reissuance is present in the United States in violation of law.

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     (b) The division of motor vehicles shall notify in writing any person whose application

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for a license has been denied pursuant to subsection (a) of this section. The notice shall contain

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the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights

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afforded the individual pursuant to the provisions of section 31-11-7(d) -- (f). When physical or

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mental fitness is the basis for the denial, the notice shall reference the specific functional standard

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promulgated pursuant to section 31-10-44(b), which was relied upon by the division of motor

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vehicles. Upon his or her request the division of motor vehicles shall afford the license applicant

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an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt

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of the request.

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      (c) The hearing procedures afforded the applicant shall conform to the provisions of

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section 31-11-7(d) -- (f).

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     SECTION 3. Section 31-10.3-15 of the General Laws in Chapter 31-10.3 entitled "Rhode

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Island Uniform Commercial Driver's License Act" is hereby amended to read as follows:

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     31-10.3-15. Persons not eligible for licensing. -- (a) The department shall not issue any

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license pursuant to this chapter:

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      (1) To any person, as a commercial driver, who is under the age of twenty-one (21)

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years; except for intrastate operations, the applicant must be at least eighteen (18) years of age.

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This exception shall not apply to school bus drivers and drivers of placarded vehicles.

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      (2) To any person whose license or privilege has been suspended, canceled, revoked or

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otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until the

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person has complied with all requirements for reinstatement.

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      (3) To any person who is a habitual drunkard, or is addicted to controlled substances.

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      (4) To any person who is required by this chapter to take an examination, unless the

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person shall have successfully passed the examination.

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      (5) To any person when the administrator has good cause based on clear and convincing

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evidence to believe that the person does not meet a standard of physical or mental fitness for

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motor vehicle licensure established pursuant to section 31-10-44(b), and that the person's physical

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or mental condition prevents him or her from being able to operate a motor vehicle with safety

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upon the highways. However, an insulin dependent person shall not automatically be denied a

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license. Each case shall be decided individually; certification by a physician that the person is

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medically able to safely operate a motor vehicle shall be conclusive and a license shall be issued.

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      (6) To any person who is required under the laws of this state to file or deposit proof of

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financial responsibility and who has not deposited that proof.

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      (7) To any person when, after a hearing, the administrator has good cause to conclude

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that the operation of a motor vehicle on the highways by the person is likely to pose an imminent

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safety risk to the general public by reason of the person's past conduct in motor vehicle operation

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during the preceding two (2) year period. The hearing shall focus exclusively upon whether a

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declination to issue a license is necessary in order to protect public safety, relying upon findings

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of the circumstances under which each past motor vehicle offense was committed, the likelihood

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of recurrence, and the deterrent effect that might reasonably be expected from the declination.

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     (8) To any person who is not a United States citizen, national or legal permanent resident

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alien.

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     (i) The provisions of subdivision 31-10.3-15(a)(8) shall not apply when an applicant

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presents, in person, valid documentary evidence of:

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     (a) A valid, unexpired immigrant or nonimmigrant visa status for admission into the

11-19

United States;

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     (b) A pending or approved application for asylum in the United States;

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     (c) Admission into the United States in refugee status;

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     (d) A pending or approved application for temporary protected status in the United

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States;

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     (e) Approved deferred action status; or

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     (f) A pending application for adjustment of status to legal permanent residence status or

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conditional resident status.

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     Upon approval, the applicant may be issued an identification document pursuant to this

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section provided that such identification document shall be valid only during the period of time of

11-29

the authorized stay of the applicant in the United States or if there is no definite end to the period

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of authorized stay, a period of one year. Any identification document issued pursuant to the

11-31

provisions of this subsection shall clearly indicate that it is temporary and shall state the date that

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the identification document expires. Such identification document may be renewed only upon

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presentation of valid documentary evidence that the status by which the applicant qualified for the

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identification document has been extended by the United States Immigration and Naturalization

12-1

Service or the Bureau of Citizenship and Immigration Services of the United States Department

12-2

of Homeland Security.

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     (b) The department shall notify in writing any person whose application for a license has

12-4

been denied pursuant to subsection (a) of this section. The notice shall contain the factual and

12-5

legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the

12-6

individual pursuant to section 31-11-7(d) -- (f). When physical or mental fitness is the basis for

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the denial, the notice shall refer to the specific functional standard promulgated pursuant to

12-8

section 31-10-44(b), which was relied upon by the department. Upon his or her request the

12-9

department shall afford the license applicant an opportunity for a hearing as early as practical and

12-10

no later than twenty (20) days after receipt of the request.

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      (c) The hearing procedures afforded the applicant shall conform to the provisions of

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section 31-11-7(d) -- (f).

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     (d) Any commercial drivers license for which an application has been made for renewal,

12-14

duplication or reissuance shall be presumed to have been issued in accordance with the provisions

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of subsection 31-10.3-15(a), provided that, at the time the application is made, the driver license

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has not expired, or been cancelled, suspended or revoked. The requirements of subdivision 31-

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10.3-15(a)(8)(i) shall apply, however, to a renewal, duplication or reissuance if the division of

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motor vehicles is notified by a local, state or federal government agency of information in the

12-19

possession of the agency indicating a reasonable suspicion that the individual seeking such

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renewal, duplication or reissuance is present in the United States in violation of law.

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     SECTION 4. Section 31-10.1-1 of the General Laws in Chapter 31-10.1 entitled "Special

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License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to

12-23

read as follows:

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     31-10.1-1. License required. -- (a) No resident of this state, except those expressly

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exempted in this chapter, shall drive any motorcycle or motor-driven cycle upon a highway in this

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state, unless the person shall first obtain a special license as an operator under the provisions of

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this chapter; provided, however, motorized bicycles and motor scooters with a motor rated not

12-28

more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters,

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which is capable of a maximum speed of not more than thirty (30) miles per hour, shall be

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exempt from the provisions of this section. No person shall be licensed pursuant to this chapter

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unless he or she shall be at least sixteen (16) years of age or unless the person previously has been

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issued a full operator's license and a motorcycle learner's permit or is already licensed under a

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prior act of this state. Any person under the age of eighteen (18) duly licensed under the prior act

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shall be eligible to have his or her license renewed in the same manner as persons over the age of

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eighteen (18). All licenses issued pursuant to this chapter shall reflect any requirement of the

13-2

operator to wear a helmet pursuant to section 31-10.1-4.

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     (b) No person shall be licensed pursuant to this chapter who is not a United States citizen,

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national or legal permanent resident alien.

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     (1) The provisions of this subsection shall not apply when an applicant presents, in

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person, valid documentary evidence of:

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      (i) A valid, unexpired immigrant or nonimmigrant visa status for admission into the

13-8

United States;

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     (ii) A pending or approved application for asylum in the United States;

13-10

     (iii) Admission into the United States in refugee status;

13-11

     (iv) A pending or approved application for temporary protected status in the United

13-12

States;

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     (v) Approved deferred action status; or

13-14

     (vi) A pending application for adjustment of status to legal permanent residence status or

13-15

conditional resident status.

13-16

     Upon approval, the applicant may be issued an identification document pursuant to this

13-17

section provided that such identification document shall be valid only during the period of time of

13-18

the authorized stay of the applicant in the United States or if there is no definite end to the period

13-19

of authorized stay, a period of one year. Any identification document issued pursuant to the

13-20

provisions of subsection 31-10.1-1(b) shall clearly indicate that it is temporary and shall state the

13-21

date that the identification document expires. Such identification document may be renewed only

13-22

upon presentation of valid documentary evidence that the status by which the applicant qualified

13-23

for the identification document has been extended by the United States Immigration and

13-24

Naturalization Service or the Bureau of Citizenship and Immigration Services of the United

13-25

States Department of Homeland Security.

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     (2) Any license for which an application has been made for renewal, duplication or

13-27

reissuance under this section shall be presumed to have been issued in accordance with the

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provisions of subsection 31-10.1-1, provided that, at the time the application is made, the drivers

13-29

license has not expired, or been cancelled, suspended or revoked. The requirements of subsection

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31-10-.1-1(a) of this section shall apply, however, to a renewal, duplication or reissuance if the

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division of motor vehicles is notified by a local, state or federal governmental agency of

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information in the possession of the agency indicating a reasonable suspicion that the individual

13-33

seeking such renewal, duplication or reissuance is present in the United States in violation of law.

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     SECTION 5. This act shall take effect upon passage.

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LC00168

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

TAXPAYER AND CITIZEN PROTECTION ACT OF 2008

***

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     This act would create the "Rhode Island Taxpayer and Citizen Protection Act of 2008",

15-2

which would enact various laws designed to require state agencies to cooperate with federal

15-3

immigration authorities in enforcing federal immigration laws and would amend various existing

15-4

state statutes relative to eligibility for drivers licenses.

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     This act would take effect upon passage.

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LC00168

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