STAND. COM. REP. NO. 2241
RE: S.B. No. 2506
Honorable Shan S. Tsutsui
President of the Senate
Twenty-Sixth State Legislature
Regular Session of 2012
State of Hawaii
Your Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs and Judiciary and Labor, to which was referred S.B. No. 2506 entitled:
"A BILL FOR AN ACT RELATING TO CIVIL IDENTIFICATION,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Consolidate the driver's license and civil identification programs for the State of Hawaii under the Director of Transportation by January 1, 2013; and
(2) Allow county examiners of drivers and county employees to issue civil identification cards at the same locations where driver's licenses are issued.
Your Committees received testimony in support of this measure from the Department of Transportation, State Attorney General, Honolulu Licensing Administrator, and one individual. Testimony in opposition to this measure was received from one individual. Comments were received from the Department of Human Resources Development.
Your Committees find that the United States Congress 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, the REAL ID Act must be implemented by January 15, 2013. Driver's licenses and civil 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.
Your Committees further find 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. Under existing law, the Department of the Attorney General issues civil identification cards. It is imperative that the two functions be combined in order to comply with the REAL ID Act.
Your Committees have amended this measure by:
(1) Adding language to transfer the balance of all unexpended or unencumbered monies in the state identification revolving fund as of the effective date of the measure to the civil identification card fee special fund on the effective date of this measure;
(2) Inserting a standard provision for the transfer of personnel, upon the standard recommendation of the Department of Human Resources Development;
(3) Clarifying that the rules of the Department of the Attorney General relating to the civil identification program shall remain in full force and effect until amended or replaced by the Director of Transportation; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2506, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2506, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs and Judiciary and Labor,
WILL ESPERO, Chair
J. KALANI ENGLISH, Chair
CLAYTON HEE, Chair