Bill Text: HI HB1761 | 2022 | Regular Session | Amended
Bill Title: Relating To Identification Cards.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Enrolled - Dead) 2022-05-04 - Transmitted to Governor. [HB1761 Detail]
Download: Hawaii-2022-HB1761-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1761 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO IDENTIFICATION CARDS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the federal REAL ID
Act of 2005, P.L. 109-13, requires states to comply with federally mandated
eligibility criteria in issuing driver's licenses and identification cards,
which are often referred to as "REAL ID compliant". However, the REAL ID Act specifically allows
states to issue driver's licenses and identification cards that do not comply
with the requirements of the REAL ID Act.
The legislature recognizes that many
residents who are young adults, elderly persons, houseless persons, undocumented
immigrants, or lawfully present non-immigrants do not drive and are also unable
to meet the stringent requirements for a REAL
ID-compliant identification card.
These residents are therefore unable to access state-issued identification.
The legislature further finds that the coronavirus
disease 2019 (COVID-19) pandemic has exacerbated the already difficult, but necessary,
process of proving one's identity. Restaurants,
theaters, public libraries, and other public venues now require valid proof of vaccination
and identity for entry. Before the COVID-19
pandemic, state office buildings, including the Queen Liliuokalani and Princess
Ruth Keelikolani buildings, required valid proof of identity for entry.
The legislature notes that pursuant to Act
172, Session Laws of Hawaii 2015, the limited purpose
driver's license, limited purpose provisional driver's license, and limited
purpose instruction permit were made available to individuals who otherwise satisfy
the requirements for a driver's license, provisional driver's license, or instruction
permit except for the individual's inability or refusal to provide satisfactory
proof of authorized presence in the United States under federal law. The legislature believes that a similar limited purpose identification card would benefit the residents
of the State by:
(1) Helping emergency personnel, including police and emergency response teams, to better identify persons in distress and other persons that these emergency personnel encounter;
(2) Providing access to public services to individuals previously unable to obtain a government-issued identification card, including having prescriptions filled; picking up packages at post offices; and enjoying kamaaina discounts at museums, hotels, and public parks, including Hanauma Bay;
(3) Promoting public safety by easing many undocumented immigrants' fears of interacting with law enforcement while lacking valid identification; and
(4) Providing access to financial services offered by, and allowing more residents to open accounts at, banks that honor state identification cards, which will, in turn:
(A) Increase the personal safety of these residents as they will no longer have to personally carry large amounts of cash; and
(B) Make these residents less reliant on check‑cashing businesses that may charge fees of up to five per cent or $5 per transaction.
Accordingly, the purpose of this Act is to authorize
the issuance of limited purpose identification cards for individuals who otherwise satisfy the requirements for a government-issued
identification card except for the individual's inability or refusal to
provide satisfactory proof of authorized presence in the United States under
federal law.
SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:
"§286- Limited purpose identification cards. (a) Every person who submits an application for an
identification card that satisfies the requirements of this part except for the
applicant's inability or refusal to provide satisfactory proof of authorized
presence in the United States under federal law shall be issued a limited
purpose identification card that is uniquely identified as being not in
compliance with the REAL ID Act of 2005.
The examiner of drivers shall accept various types of documentation for
the purpose of establishing the applicant's identity and residency in the
State, which may be established by more than one document. Acceptable documentation includes:
(1) A valid,
unexpired consular identification document issued by a consulate from the
applicant's country of citizenship or a valid, unexpired passport from the
applicant's country of citizenship;
(2) An original
birth certificate or other proof of age, as designated by the examiner of
drivers;
(3) A current home
utility bill, lease, or rental agreement, or deed or title to real property in
the State, as designated by the examiner of drivers;
(4) A United States
Department of Homeland Security Form I-589, Application for Asylum and for
Withholding of Removal;
(5) An official
school or college transcript that includes the applicant's date of birth or a
foreign school record that is sealed and includes a photograph of the applicant
at the age the record was issued;
(6) An official school
or college identification card that includes the applicant's full name and a
photograph of the applicant at the time the identification was issued;
(7) A United States
Department of Homeland Security Form I-20 or United States Department of State
Form DS-2019;
(8) A United States
Citizenship and Immigration Services Deferred Action for Childhood Arrival approval
letter;
(9) A valid
identification card for health benefits;
(10) A valid
identification card for an assistance or social services program;
(11) A current voter
registration card issued by the State;
(12) A wage stub
issued in the six months immediately preceding submittal of the applicable application;
(13) An income tax
return filed in the two years immediately preceding submittal of the applicable
application;
(14) A social
security card;
(15) One of the
following documents which, if in a language other than English, shall be accompanied
by a certified translation or an affidavit of translation into English:
(A) Marriage
license or divorce certificate;
(B) Foreign
federal electoral photo card issued on or after January 1, 1991;
(C) Foreign
student identification card; or
(D) Foreign
driver's license;
(16) A prison identification,
certificate of discharge, or order of parole issued by the department of public
safety, or a printout prepared by the department of public safety with the applicant's
photograph, name, and date of birth; or
(17) Other proof of
Hawaii residency as designated by the director.
(b)
Every application under this section shall be made upon the form, and in
the manner, required by section 286-303 and be accompanied by the fee established
for non-limited purpose identification cards pursuant to section 286-309. The examiner of drivers shall not:
(1) Require any
applicant under this section to furnish information regarding the applicant's
eligibility or ineligibility for a social security number; or
(2) Disclose the
identity of any applicant who does not provide a social security card or social
security number.
(c)
Every limited purpose identification card issued pursuant to this
section shall on its face and in a machine readable zone bear the phrase,
"Not acceptable for official federal purposes"; be of a unique design
or color indication that clearly distinguishes the limited purpose identification
card from the State's federally compliant identification cards; and on its reverse
bear the phrase, "This identification card is issued only for state identification
purposes. It does not establish eligibility
for employment, voter registration, or public benefits". If the United States Department of Homeland
Security determines that any limited purpose identification card issued
pursuant to this section does not satisfy the requirements of title 6 Code of
Federal Regulations section 37.71, the examiner of drivers, under the direction
of the department of transportation, shall modify the limited purpose identification
card issued pursuant to this section; provided that the limited purpose identification
card shall only be modified to the extent necessary to satisfy the requirements
of the federal law.
(d)
Every limited purpose identification card shall expire in accordance
with section 286-306.
(e)
A limited purpose identification card may be renewed in accordance with
section 286-306.
(f)
It shall be a violation of law to discriminate against a person because
the person applied for, was denied, was issued, holds, or presents a limited purpose
identification card.
(g)
A limited purpose identification card issued pursuant to this section
shall not be used to consider a person's citizenship or immigration status as a
basis for a criminal investigation, arrest, or detention.
(h)
Documents and information collected pursuant to an application for,
denial of, or issuance of a limited purpose identification card shall be confidential
and shall not be disclosed by the examiner of drivers or the department of transportation
except as required by law.
(i) A person in possession of a REAL ID document shall
be ineligible for a limited purpose identification card.
(j)
The director shall adopt rules in accordance with chapter 91 to
implement this section."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Filipino Caucus; Identification Cards; Limited Purpose; Documentation
Description:
Authorizes the issuance of limited purpose identification cards for certain residents. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
