2008 -- H 7592

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LC01416

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATOR'S AND CHAUFFEURS

LICENSES

     Introduced By: Representatives Singleton, Palumbo, Menard, Brien, and Gablinske

     Date Introduced: February 26, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-10-26 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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     31-10-26. Issuance of license. -- (a) The division of motor vehicles shall, upon payment

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of the required fee, issue to every qualifying applicant an operator's or chauffeur's license. The

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license shall be approximately two and one-half inches (2 1/2") wide and three and one-half

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inches (3 1/2") long and shall bear on it a distinguishing number assigned to the licensee, the full

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name, date of birth, residence address, brief description of the licensee, a photograph of the

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licensee, whether the licensee has indicated a desire to donate tissue or organs pursuant to the

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provisions of chapter 18.6 of title 23, and either a space upon which the licensee shall write his or

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her usual signature with pen and ink or a facsimile of the signature of the licensee. No license

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shall be valid until it has been so signed by the licensee designated on it. A negative file of all

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photographs of licensees shall be maintained by the division of motor vehicles for a period of five

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(5) years.

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      (b) The division of motor vehicles shall issue special licenses to those licensees who

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have indicated that they desire to donate tissue or organs, which conform to the provisions of the

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Rhode Island Anatomical Gift Act, chapter 18.6 of title 23.

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      (c) Any person who is a law enforcement officer, meaning any permanently employed

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member of the state, city, or town police departments, sheriffs and deputy sheriffs, members of

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the marshal's unit, capitol police, and the state fire marshal and deputy fire marshals of the

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division of fire safety or a member of the department of attorney general, any permanently

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employed federal law enforcement officer assigned in Rhode Island, or any member of the United

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States Attorney's Office in Rhode Island or any employee of the R.I. department of corrections, as

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recommended by the director of the department of corrections, upon request of the applicant,

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shall be issued a license which contains the applicant's official business address in lieu of a

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residence address as required under the general provisions of this section.

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      (d) The license issued to a person applying for the first time shall be designated as a

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"first license". A first license shall be issued for a one year period after which time a permanent

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driver's license shall be issued according to this section.

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      (e) If an applicant has been adjudicated for committing one moving motor vehicle

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violation, has been involved in one reportable motor vehicle accident, or both, he or she shall be

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summoned for a hearing before a judge of the traffic tribunal at which time the driving record will

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be reviewed. The traffic tribunal judge shall determine if the person should be granted an

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operator's license, be reissued a first license, or be denied a license to operate a motor vehicle in

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the state of Rhode Island.

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      (f) Any person who is under the age of twenty-one (21) years shall, upon payment of the

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required fee and upon meeting the qualifications for the receipt of an operator's or chauffeur's

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license, be issued a license which shall be readily distinguishable in color from those licenses

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issued to persons who are twenty-one (21) years of age or older. When a person under the age of

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twenty-one (21) years to whom a license has been issued and whose license is in full force and

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effect, attains his or her twenty-first birthday, he or she shall be entitled to receive a new license

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of the type issued to persons who are older than the age of twenty-one (21) years from the

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administrator of the division of motor vehicles upon demand at no expense. Every person shall

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supply to the division of motor vehicles satisfactory proof of his or her date of birth.

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      (g) The division of motor vehicles shall issue special licenses upon the request of a

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licensee which conform to the provisions of the Rhode Island Anatomical Gift Act, chapter 18.6

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of title 23.

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      (h) The division of motor vehicles shall note in an appropriate manner a restriction on

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any person's license who is prohibited from operating a motor vehicle that is not equipped with an

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ignition interlock system as provided in chapter 27 of this title.

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      (i) Any personal digitized information contained within an operator's or chauffeur's

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license shall be limited to: (a) the licensee's name, age, date of birth, address, gender, physical

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description such as weight, height, hair color and eye color, signature and organ donor status; and

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(b) the license number, commercial endorsements, expiration date, issue date, restriction and

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class.

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      (j) Except to the extent an entity is authorized to renew drivers' licenses, or except for

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financial institutions engaged in the verification of information for financial transactions,

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nongovernmental entities shall not have access to any digitized information contained in an

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operator or chauffeur's license other than the licensee's name, age, date of birth, signature, and

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photographic image, and the license's expiration date; nor shall they store, record or retain any

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such information obtained through a digital reading device. Access to digitized information by

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such entities shall be solely for the purpose of determining the age of an individual for a

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transaction, right or privilege available by law only to persons of a certain age.

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      (k) To the extent that nongovernmental entities shall have access to the digitized

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information stored on an operator's or chauffeur's license, the entity shall be civilly liable for the

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unauthorized access to, or retention or use of, such information by its agents or persons acting in

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the name of the entity.

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      (l) The division of motor vehicles shall collect from applicants and licensees their social

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security numbers and tax identification numbers only to the extent required by federal law. Such

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numbers shall not be included, either digitally or visually, on the operator's or chauffeur's license.

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     (m) Any person not lawfully residing in the state shall not be issued a driver’s license by

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the state.

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     SECTION 2. This act shall take effect upon passage.

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LC01416

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATOR'S AND CHAUFFEURS

LICENSES

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     This act would prohibit any person not lawfully residing in the state from obtaining a

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driver’s license in the state.

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     This act would take effect upon passage.

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LC01416

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