TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
relating to civil identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the United States enacted the REAL ID Act of 2005, P.L. 109-13. The REAL ID Act sets forth in title II, specifically sections 201 and 202, the kind of documentation required and procedures to be followed in issuing driver's licenses and non-driver's, or civil, identification cards. Pursuant to section 37.51 of title 6 of the Code of Federal Regulations, as amended, volume 76 issue 44 Federal Register pages 12269-12271 (March 7, 2011), the REAL ID Act must be implemented by January 15, 2013.
The legislature further finds that driver's licenses and non-driver's identification cards that do not comply with the REAL ID Act on or after January 15, 2013, will not be recognized by federal agencies, such as the Transportation Security Administration, and may not be recognized by other states. The REAL ID Act must be implemented on a timely basis in order to permit Hawaii's people to travel and to do business with the federal government and other states.
The legislature also finds that Hawaii is unique in that the counties, under the general supervision of the director of transportation, have been delegated the function of implementing the state driver's license program since 1937. Under current law, the department of the attorney general issues non-driver's, or civil, identification cards. It is imperative that the two functions be combined in order to comply with the REAL ID Act.
The purpose of this Act is to:
(1) Consolidate the driver's license and civil identification programs for the State of Hawaii under the director of transportation;
(2) Allow county examiners of drivers to issue civil identification cards;
(3) Allow county employees to issue certificates of identification at the same locations where driver's licenses are issued; and
(4) Ensure this consolidation effort and full implementation of this Act to be accomplished by January 15, 2013.
SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding to part VI thirteen new sections to be appropriately designated and to read as follows:
"§286-A Issuance of identification card or temporary card. (a) The examiner of drivers, upon receipt of an application filed in compliance with section 286-C by any individual who is a resident or a temporary resident of this State, and, except as otherwise provided in this section and section 286-I, upon receipt of the fee, shall issue an identification card to that individual.
(b) To obtain an identification card from the examiner of drivers, an individual must complete the application form described in section 286-C.
(c) An identification card shall be similar in size, shape, and design to a driver's license, but does not entitle the individual to whom it is issued to operate a motor vehicle.
(d) The issuance of an identification card pursuant to this section shall not place upon the State of Hawaii or any agency any liability for the misuse and the acceptance as valid identification. This matter shall be left entirely to the discretion of any individual to whom such card is presented.
§286-B Oaths and investigations. The examiner of drivers and each authorized subordinate may administer oaths and require and take oral or written statements under oath of any individual in connection with any information required under this part or any rule under this part.
§286-C Application for identification card. (a) Application for the identification card shall be made in person by any adult or minor. The minimum age for minors to obtain an identification card shall be ten years of age. In the case of a minor under the age of fourteen years, the application shall be made on the minor's behalf by the parent, or by another individual in loco parentis of such minor who can provide proof of guardianship. In the case of an incompetent individual, the application shall be made by the individual having the custody or control of or maintaining the incompetent individual.
(b) Application for renewal of an identification card issued after November 1, 1998, for an individual eighty years of age or older may be done by mailing in a completed application and fee, if there is no change in name and citizenship status. The director shall adopt rules to allow for renewal by mail for individuals with physical or intellectual disabilities for whom application in person presents a serious burden.
(c) Every application for an identification card or duplication of an identification card shall be made on a form developed by the director and furnished by the examiner of drivers, signed by the applicant, and signed by the applicant's parent or guardian if the applicant is under eighteen years of age; provided the application contains the following information:
(1) Name and complete address, including the number and street name, of the applicant's permanent residence;
(2) The applicant's occupation and any pertinent data relating thereto;
(3) The applicant's citizenship status;
(4) The applicant's date and place of birth;
(5) General description, including the applicant's gender, height, weight, hair color, and eye color;
(6) The applicant's left and right index fingerprints or, if clear impressions cannot be obtained, other identifying imprints as specified by rules of the director;
(7) The social security number of the applicant; and
(8) A digitized frontal photograph of the applicant's full face.
Each applicant shall present documentary evidence as required by the examiner of drivers of the applicant's age and identity, and the applicant shall swear or affirm that all information given is true and correct.
(d) The application also shall state whether the applicant has an advance health-care directive. If the applicant has an advance health-care directive, the identification card shall bear the designation "AHCD".
(e) The examiner of drivers, in accordance with section 11-6, at the time of application, shall make an application for voter registration available to every applicant for an identification card who is eligible to register to vote.
(f) The examiner of drivers shall maintain a suitable, indexed record of all applications.
(g) For the purpose of this section, "AHCD", which stands for "advance health-care directive", means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions.
§286-D Procedure. (a) All information required by section 286-C shall be obtained by employees of the examiner as provided for by rules of the director and by individual interviews with the applicant for the identification card or parent, individual in loco parentis, or guardian, as shown by letters of guardianship. Every applicant or individual providing information on behalf of any applicant under this part shall answer truthfully all questions, furnish all information within the possession or knowledge of the individual that may be asked or required by the employee within the scope of the requirements of this part, and submit to the examiner all information and supporting documentation required by rules of the director.
(b) Special provisions may be made by rules established by the director.
(c) The examiner may require an applicant, or any individual providing information on behalf of an applicant, to furnish original or certified copies of documents to establish or corroborate the information required to establish identity under this part and may, by rules, set forth what documents will be required to support or corroborate certain information.
§286-E Contents and characteristics; form. (a) Each identification card issued by the examiner of drivers shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:
"STATE OF HAWAII IDENTIFICATION CARD"
(b) The examiner of drivers, after obtaining the fingerprint of the applicant as provided in this part and after obtaining the information required by or pursuant to this part, shall issue to each applicant an identification card in such form, and with such identifying information as the director deems necessary and appropriate.
(c) The identification card shall not display the cardholder's social security number.
(d) The identification card shall be designed to prevent its reproduction or alteration without ready detection.
(e) The identification card for individuals under twenty-one years of age shall have characteristics prescribed by the examiner distinguishing it from that issued to a individual who is twenty-one years of age or older.
§286-F Expiration; renewal; replacement. (a) Every identification card issued under this part, whether an original or a renewal, shall bear an expiration date that shall be on the individual's date and month of the individual's birthday and eight years after the year of issuance; provided that if the individual is a legal nonimmigrant, the certificate shall bear an expiration date that is the same as the expiration date on the individual's Immigration and Naturalization Service departure card (I-94). A cardholder may renew the cardholder's identification card within six months before the day on which it expires by filing an application in accordance with section 286‑C and paying the prescribed fee establish by rules of the director.
(b) If an identification card is lost, destroyed, stolen, or mutilated, the individual to whom the identification card was issued may obtain a duplicate by paying the fee established by rules of the director and completing the following:
(1) Furnishing suitable proof of the loss, destruction, or mutilation to the examiner; and
(2) Filing an application and presenting documentary evidence under section 286-C;
Any individual who loses an identification card and, after obtaining a duplicate, finds the original, shall immediately surrender the original to the examiner.
(c) A cardholder may obtain a replacement identification card that reflects any change of the cardholder's name by furnishing suitable proof of the change to the examiner and surrendering the cardholder's existing card.
(d) The examiner of drivers shall cancel any identification card upon determining that the identification card was obtained unlawfully, issued in error, or altered. The examiner also shall cancel any identification card that is surrendered to the examiner after the cardholder has obtained a duplicate or replacement identification card, or a REAL ID-compliant driver's or commercial driver's license.
(e) No agent of the State or its political subdivisions shall condition the granting of any benefit, service, right, or privilege upon the possession by any individual of an identification card. Nothing in this section shall preclude any publicly operated or franchised transit system from using an identification card for the purpose of granting benefits or services of the system. No individual shall be required to apply for, carry, or possess an identification card.
(f) The examiner shall not issue to an individual under twenty-one years of age an identification card that does not have the characteristics prescribed by the examiner distinguishing it from the identification card issued to individuals who are twenty-one years of age or older.
§286-G Identification cards not to be altered; duties of holder; lost certificates. (a) No individual, except agents of the examiner acting pursuant to the authority of law, shall alter, deface, or destroy any identification card. Except as specifically authorized by this section or the rules of the director, no cardholder shall loan or give the individual's identification card to any other individual, and no individual shall use the identification card of any other individual.
(b) Any individual whose identification card is stolen or otherwise lost, altered, defaced, or destroyed, may at any time apply for a duplicate identification card. The duplicate shall be issued by the examiner upon being satisfied as to such loss, alteration, defacing, or destruction. In the case of an altered or defaced identification card, the identification card, if available, shall be surrendered by the cardholder and canceled by the examiner.
(c) Any individual finding or coming into possession of the identification card of any other individual shall promptly return or deliver the same to the owner thereof.
§286-H Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc. (a) If a cardholder, after receiving an identification card, has a change in one or more of the following:
(1) Name, legally changed by marriage, divorce, adoption, legitimization, order of the lieutenant governor, or other legal means;
(2) Citizenship status;
(3) Address; or
(4) Individual in charge of the cardholder (in the case of a minor or incompetent individual),
then within thirty days after the change, the individual shall report the change and present the cardholder's identification card to the examiner. The examiner, upon being satisfied as to the change and receiving payment of the fee, shall cancel the identification card and issue a new identification card bearing the new name, citizenship status, or address of the cardholder, making appropriate notation of the facts upon the records of the examiner.
(b) If any error has been made in any item of information contained in the records of the examiner or on the identification card concerning any cardholder, the examiner, by the examiner's own motion, or the cardholder, upon application, and upon receipt of satisfactory evidence that an error has been committed and with the approval of the examiner, may correct the error and, in such case, shall make appropriate changes or notations stating the error and the correct information in the records of the examiner and on the identification card.
(c) If any item of the cardholder's personal information that was originally correct and will change after issuance of the identification card and the examiner finds the change material, the examiner may register the change and alter the records and identification card to conform thereto, upon receipt of satisfactory evidence of the change and approval of the examiner.
§286-I Rules. For the purpose of carrying out this part, the director, subject to chapter 91, shall adopt rules having the force and effect of law including rules assessing reasonable fees for the services provided under this part. The rules shall provide for a waiver of any fee in cases of extreme hardship.
§286-J Forms. The director may prepare, prescribe, and furnish, in conformity with this part, forms for questionnaires, notices, fingerprint cards or forms, certificates of identification, instructions, and all other forms necessary or proper for the prompt, efficient, and adequate execution of the functions of the examiner set forth in this part.
§286-K Custody and use of records; confidential information. (a) All information and records acquired by the examiner of drivers under this part shall be confidential. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner. The information shall be available only to authorized individuals under such restrictions as the director shall prescribe. The examiner may dispose of any application or identification card, or information or record relating to such application or identification card, which does not include a social security number, without regard to the provisions of chapter 94, whenever, in the examiner's discretion, retention of such information or record is no longer required or practicable.
(b) No officer or employee of the examiner shall divulge any information concerning any cardholder acquired from the records of the examiner or acquired in the performance of any of the officer's or employee's duties under this part to any individual not authorized to receive the same pursuant to this part. No individual acquiring from the records any information concerning any cardholder shall divulge the information to any individual not so authorized to receive the same.
§286-L State identification card fee special fund. There is established in the state treasury a special fund to be known as the state identification card fee special fund. The fund shall consist of all fees assessed for the processing and issuance of identification cards. The fund shall be used for the purposes of the identification card program. The fund shall be administered by the director. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury. Interest and investment earnings credited to the assets of the fund shall become a part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried over to the next fiscal year.
§286-M Reimbursement to counties. The counties shall be reimbursed the incremental costs incurred in the administration of this part. The amount of reimbursement shall be determined by the director of transportation."
SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Identification card" means a document made or issued under the authority of this part that, when completed with information concerning a particular individual, is intended solely for the purposes of identification."
SECTION 4. Chapter 286, Hawaii Revised Statutes, is amended by amending the title of part VI to read as follows:
"PART VI. MOTOR VEHICLE DRIVER LICENSING AND CIVIL IDENTIFICATION CARDS"
SECTION 5. Chapter 286-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses and all valid identification cards in the person's possession. All licenses and identification cards so surrendered shall be returned to the issuing authority, together with information that the person is licensed in this State; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; and provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State. No person shall be permitted to hold more than one valid driver's license at any time."
SECTION 7. To provide for the transition to issuance of non-driver's identification cards by the examiner of drivers, all valid and unexpired non-driver's identification cards issued by the department of the attorney general up to and including December 31, 2012, shall remain valid for all purposes until their stated expiration date.
SECTION 8. All rights, powers, functions, and duties of the department of the attorney general as they relate to the civil identification program are transferred to the department of transportation; provided that the department of the attorney general shall retain such authority as necessary to ensure uniformity in the issuance of identification cards.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 9. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of the attorney general or the attorney general pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of transportation or director of transportation by this Act, shall remain in full force and effect. From January 1, 2013, every reference to the department of the attorney general or the attorney general shall be construed as a reference to the department of transportation or the director of transportation, as appropriate.
SECTION 10. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of the attorney general relating to the functions transferred to the department of transportation shall be transferred with the functions to which they relate.
SECTION 11. This Act shall be liberally construed to accomplish the purposes set forth in section 1.
SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 13. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 14. All laws and parts of laws heretofore enacted that are in conflict with the provisions of this Act are hereby amended to conform herewith.
SECTION 15. In codifying the new sections by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on January 1, 2013.
Civil Identification; Driver's License; Department of the Attorney General; Department of Transportation
Transfers the non-driver's, or civil, identification program from the department of the attorney general to the department of transportation. Requires non-driver's identification cards to be issued by the examiners of drivers in each county to comply with the federal REAL ID Act of 2005, division B of P.L. 109-13, by January 1, 2013.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.