Bill Text: HI HB322 | 2025 | Regular Session | Introduced
Bill Title: Relating To Voter Registration.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (N/A) 2025-01-16 - Pending introduction. [HB322 Detail]
Download: Hawaii-2025-HB322-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
322 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VOTER REGISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that every eligible person should be able to register to vote in a convenient and secure way that is beneficial to new voters and administrators alike. Key voter registration improvements can ensure state election systems are secure and efficient, safeguard votes, and save money.
The legislature further finds that in 2021, Hawaii established automatic voter registration to increase the State's historically low voter participation rates. Yet, the automatic voter registration system established by the legislature was an opt-in system that places the responsibility for registration on the part of individual voters, which fails to fully include the total potential population of new voters.
Accordingly, the purpose of this Act is to improve Hawaii's voter participation rate by strengthening the State's automatic voter registration program.
SECTION 2. Section 11-15.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-15.5[]]
Duties of all state agencies; voter registration. (a)
Each state agency that deals with the public shall make available to
each member of the public eighteen years of age or older an application in the
form of an affidavit for voter registration pursuant to section 11-15. The application shall be available by mail,
online, or in person depending on the manner in which the agency's services
are requested by the person. The form of
the application may be identical to that described and found in public
telephone directories.
(b) Subject to compliance with applicable federal
laws and regulations, the department of human services shall automatically
transmit voter registration information for any Med-QUEST applicant who is of
sufficient age to register to vote, has provided a Hawaii residence address, and
has been verified as a United States citizen as part of an application to the
Med-QUEST division. For each eligible
Med-QUEST applicant, the department of human services shall electronically
transmit the information set forth in section 11-15.7(b) to the clerk of the
county in which the applicant resides. The
office of elections and clerks shall process the information according to the
requirements established in section 11-15.7, to the extent applicable as
determined by the office of elections.
(c) Any state agency may be designated by the office of elections to implement automatic voter registration if the agency collects, processes, or stores the following information as part of providing assistance or services: name, residential address, date of birth, and proof of United States citizenship or external verification of United States citizenship. An eligible agency may establish and implement, upon approval from the office of elections, a procedure to automatically and electronically transmit a person's voter registration information to the clerk of the county in which the person resides. Every eligible agency shall comply with the requirements in section 11-15.7, to the extent applicable as determined by the office of elections."
SECTION 3. Section 11-15.7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-15.7[]] Automatic registration[.] and
preregistration. (a) [An application for voter registration
shall be a part of the application for issuance of an identification card under
section 286-303 and the application for issuance of a driver's license under
section 286-111. Applications for an
identification card or driver's license shall not be processed until the
applicant completes the portion of the application related to voter
registration and indicates the applicant's choice of whether to register to
vote. If already registered to vote, the
applicant shall be offered the opportunity to decline any changes being made to
their name and address for voter registration purposes.]
The submission of the application for the issuance of [an identification]
a new, renewed, or duplicate:
(1) Instruction permit under section
286-110, 286-111, or 286-117;
(2) Provisional license under section
286-111 or 286-117;
(3) Driver's license under section
286-107, 286-111, or 286-117; or
(4) Identification card under
section 286-303 [or the application for a driver's license under section
286-111],
shall be deemed to authorize the examiner of
drivers to collect and transmit the information necessary to register or
preregister, pursuant to section 11-12(b), the applicant as a voter if the
applicant [made such a choice or to make changes to the applicant's voter
registration information unless the applicant declined such changes.] is
of sufficient age to register or preregister to vote, has provided a Hawaii
residence address, and has presented documentation
demonstrating United States citizenship.
(b) The examiner of drivers shall electronically
transmit the [necessary] following information to the clerk of
the county in which the applicant resides[, election officials, and the
online voter registration system pursuant to subsection (c).
The examiner of drivers shall not
transmit any information necessary to register an applicant as a voter if the
applicant made a choice not to be registered to vote nor transmit any
information necessary to make changes to the applicant's voter registration
information if the applicant declined such changes.]:
(1) The
applicant's name;
(2) The
applicant's date of birth;
(3) The
instruction permit, provisional license, driver's license, or state
identification number of the applicant;
(4) The
applicant's residence address and mailing address, if different from the
residence address;
(5) The
applicant's county of residence;
(6) The
applicant's citizenship status;
(7) The
applicant's signature as a digitized image;
(8) The
last four digits of the applicant's social security number, if available;
(9) The
applicant's telephone number, if available; and
(10) The
applicant's electronic mail address, if available.
(c) The
examiner of drivers shall not transmit any information [related to a voter
application or changes to the applicant's voter registration
information
if]
under this section unless the applicant presents a document
demonstrating [a lack] proof of United States citizenship[.]
or records maintained by the examiner of drivers conclusively indicate that
the applicant provided documentation demonstrating United States citizenship as
part of a previous transaction. If the
applicant provides documentation during the transaction indicating that the
applicant is not a United States citizen, the applicant's information shall not
be transmitted to the clerk and the applicant shall not be offered a voter
registration or preregistration opportunity. If the documents provided by the applicant do
not provide sufficient information to verify citizenship status, or if the
examiner of drivers is unable to verify that proof of citizenship was presented
during a previous transaction, the examiner of drivers shall provide
information during the transaction regarding voter registration or
preregistration and eligibility criteria, including instructions that the
applicant may only register or preregister to vote if the applicant is a United
States citizen.
[(b)] (d) Upon receipt of the [completed voter
registration application or changes to the] applicant's voter registration or
preregistration information transmitted from the examiner of drivers, the
clerk shall review and [either approve or reject the voter registration
application in accordance with this part; provided that approved] determine
whether the applicant is currently registered or preregistered in the online
voter registration system. If the
applicant is not currently registered or preregistered in the online voter
registration system, the clerk shall mail a notice to the applicant pursuant to
subsection (e). If the applicant is
currently registered or preregistered in the online voter registration system,
the clerk shall compare the information transmitted from the examiner of
drivers to the applicant's voter registration or preregistration information. If the information transmitted from the
examiner of drivers differs from the applicant's voter registration or
preregistration information, the clerk shall mail a notice to the applicant pursuant
to subsection (e). Approved voter
registration applications received from the examiner of drivers pursuant to
this section shall be treated as having a valid signature for purposes of
section 11‑15(c), whether transmitted electronically or by facsimile
transmission. [Upon the clerk's
approval of the voter registration application or any changes to the voter
registration information,] Voter registration or preregistration records
created under this section shall be exempt from disclosure for twenty-one days
after the mailing of the notice under subsection (e).
(e) Upon determining that an applicant is not
currently registered or preregistered in the online voter registration system
or an applicant's voter registration or preregistration information differs
from the information transmitted from the examiner of drivers under this
section, the clerk shall promptly mail the applicant a notice that contains a
postage prepaid, pre-addressed return form by which the applicant may decline
to be registered or preregistered to vote or have the applicant's voter
registration or preregistration information updated. The notice shall also include instructions for
applicants who request confidentiality under section 11-14.5 or request large
print ballots.
(f) If an applicant returns the form declining to
be registered or preregistered to vote, the applicant's voter registration or
preregistration shall be canceled, and the applicant shall be deemed to have
never registered or preregistered to vote; provided that if the applicant votes
in an election after the transfer of the applicant's voter registration
information but before the form declining to be registered to vote is returned,
the returned form shall be of no force and effect and the applicant shall be
deemed registered to vote as of the date of the applicant's qualifying
transaction with the examiner of drivers.
If an applicant returns the form declining to have the applicant's voter
registration or preregistration information updated, the applicant's voter
registration or preregistration information shall not be updated.
If the applicant does not decline
voter registration or preregistration or to have the applicant's voter
registration or preregistration information updated within the period
prescribed by the office of elections, the clerk shall proceed to number
the application and register the name of the [voter] applicant in
the general county register as provided in section 11‑14, preregister
the applicant as provided in section 11-12, or [make approved changes to]
update the [voter's] applicant's existing voter
registration or preregistration information as applicable. The date of registration or
preregistration shall be the date of the applicant's qualifying transaction
with the examiner of drivers.
[(c)] (g) Databases maintained or operated by the
counties or [the] department of transportation containing instruction
permit, provisional license, driver's license, or identification
card information, including any documents or images, shall be accessible and
provided electronically to election officials and the online voter registration
system to allow for the timely processing of voter applications, ensure the integrity
of the voter registration polls, and for any other voter registration,
preregistration, or election purposes, as determined by the director of
transportation.
(h) Any applicant who submits a qualifying
application under this section that is dated during the twenty-one days before
an election shall be provided, at the time of application, with a notice
advising the applicant of the procedures to register to vote on election day.
(i) An otherwise eligible applicant who declines
to register or preregister to vote or update the applicant's voter registration
or preregistration information shall be offered a new opportunity to register
or preregister to vote or update the applicant's voter registration or
preregistration information with each qualifying application submitted under
this section.
(j) Records of applicants who are ineligible to
register or preregister to vote or who declined voter registration or
preregistration shall be exempt from disclosure under chapter 92F because
disclosure would constitute a clearly unwarranted invasion of personal privacy.
(k) Unless an ineligible applicant wilfully and
knowingly takes affirmative steps to register or preregister to vote knowing
that the applicant is not eligible to vote or preregister to vote, the record
and signature of the ineligible applicant that is transmitted under this
section shall not constitute a completed voter registration application, and
that applicant shall not be considered to have affirmatively registered or
preregistered to vote.
(l)
Nothing in this section shall be construed to:
(1) Amend
the substantive qualifications for voter registration or preregistration in
this State;
(2) Require
documentary proof of citizenship for voter registration or preregistration;
(3) Require
the examiner of drivers to maintain or validate official records of voter
registration or preregistration; or
(4) Authorize
the examiner of drivers to request documentation establishing an applicant's
citizenship solely for the purposes of voter registration or preregistration."
SECTION 4. Section 286-107, Hawaii Revised Statutes, is amended to read as follows:
"§286-107 License renewals;
procedures and requirements. (a)
The examiner of drivers may accept an application for a renewal of a
driver's license made [not] no more than six months [prior to]
before the date of expiration.
If, however, the renewal is not applied for
within ninety days after the expiration of the license, the applicant for
renewal shall be treated as an applicant for a new license and examined as provided
in section 286-108.
(b)
Except as otherwise provided in subsection (c), an applicant for a
renewal of a driver's license under this section, or the reactivation of an
expired license under section 286-107.5(a), shall appear in person before the
examiner of drivers and the examiner of drivers shall administer [such]
physical examinations as the state director of transportation deems necessary
to determine the applicant's fitness to continue to operate a motor vehicle.
(c) Any person who holds a
category (1), (2), or (3) license issued under this part may apply for a
renewal of the license online via any electronic or digital means provided by
the examiner of drivers, or by mail, if the person is not disqualified from
renewing the license under subsection (a) except as provided under subsection
(h). The applicant's request to have the
license renewed by mail must be received by the examiner of drivers within
ninety days after the expiration of the license or it shall be treated as an
application for reactivation of an expired license under section
286-107.5. The examiner of drivers
shall, upon receipt of the request, furnish the applicant with all necessary
forms and instructions. An application
for renewal made by electronic or digital means or by mail pursuant to this
subsection shall be accompanied by a statement from a licensed physician,
physician assistant, or advanced practice registered nurse certifying that the
applicant was examined by the licensed physician, physician assistant, or
advanced practice registered nurse no more than six months before the
expiration date of the applicant's license and that the applicant was found by
the examination to have met the physical requirements established by the state
director of transportation for the renewal of licenses. The application for renewal by electronic or
digital means or by mail shall also be accompanied by:
(1) A notarized statement
of the applicant certifying that the applicant does not possess any valid
license to operate the same or similar category or categories of motor
vehicles, issued by another licensing authority (unless the license is
concurrently surrendered); and
(2) Any other information
as may be required by the examiner of drivers that is reasonably necessary to
confirm the identity of the applicant and the applicant's fitness to continue
to operate a motor vehicle.
(d)
An applicant for a renewal of the applicant's driver's license, whether
applying pursuant to subsections (b) or (c), shall pay the fee determined by
the council of the appropriate county.
Payment of the fee shall be by certified check or money order, tendered
together with the application.
(e) No driver's license
shall be renewed by the examiner of drivers unless:
(1) The examiner of
drivers is satisfied of the applicant's fitness to continue to operate a motor
vehicle;
(2) The fee required by
subsection (d) is tendered together with the application for renewal;
(3) The applicant complies
with section 286-102.5; and
(4) The examiner of
drivers is satisfied that the applicant does not have outstanding charges
and fines relating to the disposition of an abandoned vehicle.
(f) No driver's license
shall be renewable by electronic or digital means or by mail:
(1) For
more than two consecutive renewals, regardless of whether the license expires,
as provided under section 286-106, on the eighth or fourth birthday after
issuance; or
(2) Sixteen
years have lapsed since the applicant had appeared in person;
provided that this
subsection shall not apply to a resident military person or that person's
immediate family if the resident military person resides outside the State on
official military orders.
(g) Notwithstanding
subsection (a), any applicant for a renewal of a driver's license who is a
member of any component of the United States armed forces and who is on active
federal service outside of the State at the time the applicant's license should
be renewed, may file an application for a renewal of the driver's license,
which shall be accompanied by verification of federal active service outside
the State as required by the examiner of drivers, within ninety days of the
applicant's return to the State or discharge from hospitalization. The examiner of drivers may waive the
reactivation fee otherwise required by section 286-107.5.
(h) The state director of
transportation shall adopt rules [and regulations] pursuant to chapter
91, necessary for the purposes of this section, including rules [and
regulations] governing the effect to be given to convictions for violations
of traffic laws of a foreign jurisdiction, upon license renewal procedures.
(i) An application for a renewal of a driver's license shall serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7. The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register to vote."
SECTION 5. Section 286-110, Hawaii Revised Statutes, is amended to read as follows:
"§286-110 Instruction permits. (a) Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license issued under this part may apply for a temporary instruction permit or a limited purpose instruction permit at the office of the examiner of drivers in the county in which the applicant resides; provided that the applicant complies with section 286‑102.5.
(b) The examiner of drivers shall examine every applicant for an instruction permit. The examination shall include tests of the applicant's:
(1) Eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle;
(2) Understanding of highway signs regulating, warning, and directing traffic; and
(3) Knowledge of the traffic laws, ordinances, or regulations of the State and the county where the applicant resides or intends to operate a motor vehicle.
(c) If the examiner of drivers is satisfied that the applicant is qualified to receive an instruction permit, the examiner of drivers shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the highways for a period of one year; provided that:
(1) An applicant who is registered in a driver training course shall be issued a temporary instruction permit for the duration of the course and the termination date of the course shall be entered on the permit; and
(2) If the applicant is a legal immigrant, the permit shall expire no later than the applicant's authorized period of stay in the United States.
A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit.
(d) Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle that is being operated belongs. The licensed person shall occupy a passenger seat beside the permit holder while the motor vehicle is being operated; provided that if the holder of the instruction permit is under the age of eighteen years and is driving between the hours of 11:00 p.m. and 5:00 a.m.:
(1) A licensed driver who is the permit holder's parent or guardian shall occupy a passenger seat beside the driver while the motor vehicle is operated, unless the permit holder is an emancipated minor;
(2) The licensed driver shall be licensed to operate the same category of motor vehicles as the motor vehicle being operated by the holder of the instruction permit; and
(3) All occupants of the motor vehicle shall be restrained by a seat belt assembly or a child passenger safety restraint system as required under sections 291-11.5 and 291-11.6, notwithstanding any other law to the contrary.
(e) No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.
(f) No holder of a category 1 or 2 temporary
instruction permit shall have the permit renewed, nor shall the holder be
issued another temporary instruction permit for the same purpose, unless the
holder has taken the examination for a category 1 or 2 license at least once
prior to the expiration of the temporary instruction permit. If the holder of a temporary instruction
permit fails to meet the requirements of this section, the holder shall not be
permitted to apply for another category 1 or 2 temporary instruction permit for
a period of three months. Nothing in
this subsection shall affect the right and privilege of any holder of a
category 1 or 2 temporary instruction permit to obtain a temporary instruction
permit or driver's license for the operation of any other type of motor
vehicle.
(g) The examiner of drivers may accept an application for renewal of an instruction permit no more than thirty days prior to or ninety days after the expiration date of the instruction permit, whereupon the applicant for renewal of an instruction permit shall be exempt from subsection (b)(2) and (3). If an application for renewal of an instruction permit is not made within ninety days after the expiration date of the permit, the applicant shall be treated as applying for a new instruction permit and examined in accordance with subsection (b).
(h) Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with this State, and as a condition to licensure is required to pass a road test, but has failed the road test on the applicant's first attempt. The instruction permit issued under this subsection may be renewed no more than thirty days prior to or ninety days after the expiration date of the instruction permit upon receiving an updated medical report. Subsections (b)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.
For the purposes of this subsection, "applicant with a disability" means an applicant who the examiner of drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle pursuant to section 286-119(a)(1) and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1.
(i) An application for a new or renewed
instruction permit shall serve as a voter registration application for eligible
applicants under the procedures prescribed in section 11-15.7. The examiner of drivers shall consult with
the office of elections to ensure that the form contains spaces for all
information required to register or preregister to vote."
SECTION 6. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) An application for [a] an instruction
permit, provisional license, or driver's license shall [include the]
serve as a voter registration application [required under] for
eligible applicants under the procedures prescribed in section 11-15.7. The examiner of drivers shall consult with
the office of elections to ensure that the form contains spaces for all
information required to register or preregister to vote."
SECTION 7. Section 286-111.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-111.5[]] Voter
registration[.] and preregistration. (a) A
qualified applicant for a new [or], renewed, or duplicate motor
vehicle instruction permit, provisional license, or driver's license
shall automatically be registered or preregistered to vote with the
clerk of the appropriate county upon completion of the instruction permit,
provisional license, or driver's license application and [application
for voter registration as required in] confirmation of eligibility
pursuant to section 11-15.7 [if the qualified applicant
makes a choice to register to vote on the application form. If already registered to vote, the qualified
applicant shall be offered the opportunity to decline any changes being made to
their name and address for voter registration purposes.
(b) The submission of the application for voter
registration together with the license or permit application shall be deemed to
authorize the examiner of drivers to collect and transmit the information
necessary to register the qualified applicant as a voter if the applicant made
such a choice or to make changes to the qualified applicant's voter
registration information unless the applicant declined such changes. The examiner of drivers shall electronically
transmit the necessary information to the clerk of the county in which the
qualified applicant resides, election officials, and the online voter
registration system pursuant to section 11-15.7(c).
The examiner of drivers shall not
transmit any information necessary to register a qualified applicant as a voter
if the applicant made a choice not to be registered to vote nor transmit any
information necessary to make changes to the qualified applicant's voter
registration information if the applicant declined such changes. The examiner of drivers shall not
transmit any information related to a voter application or changes to
the applicant's voter registration information if the applicant presents a document
demonstrating a lack of United States citizenship.
(c) For the purposes of this section,
"qualified applicant" means a person who qualifies to register as a
voter by law]."
SECTION 8. Section 286-117, Hawaii Revised Statutes, is amended to read as follows:
"§286‑117 Duplicate instruction
permits, provisional licenses, and driver's licenses. [[](a)[]] The holder of an instruction permit,
provisional license, or driver's license may, upon payment of the
reasonable cost of its issuance, obtain a duplicate[;] instruction
permit, provisional license, or driver's license; provided that the holder
shall surrender the original instruction permit, provisional license, or
driver's license or furnish satisfactory proof of loss or destruction of
the same.
[[](b)[]] The chief of police or a police officer shall
notify a holder that the holder's instruction permit, provisional
license, or driver's license is illegible and that the holder shall
within ten days surrender the holder's instruction permit, provisional
license, or driver's license and apply for a duplicate[.] instruction
permit, provisional license, or driver's license. Upon failure to comply with a notice to
surrender an illegible instruction permit, provisional license, or driver's
license and apply for a duplicate[,] instruction permit, provisional
license, or driver's license, the person to whom the permit or license is
issued shall be subject to the penalties in section 286‑136.
(c) An application for a duplicate instruction permit, provisional license, or driver's license shall serve as a voter registration application for eligible applicants under the procedures prescribed in section 11-15.7. The examiner of drivers shall consult with the office of elections to ensure that the form contains spaces for all information required to register or preregister to vote."
SECTION 9. Section 286-303, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) An application for [an] a new,
renewed, or duplicate identification card from the examiner of drivers
shall [include the] serve as a voter registration application [required
under] for eligible applicants in accordance with section 11-15.7. The director shall consult with the office
of elections to ensure that the form contains spaces for all information
required to register or preregister to vote."
SECTION 10. Section 286-303.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-303.5[]] Voter
registration. (a) A qualified applicant for a new, [renewal,]
renewed, or duplicate identification card shall automatically be
registered or preregistered to vote with the clerk of the appropriate
county upon completion of an application for an identification card and [the
application for voter registration as required by] confirmation of
eligibility pursuant to section 11-15.7 [if the qualified applicant
makes a choice to be registered to vote.
If already registered to vote, the qualified applicant shall be offered the
opportunity to decline any changes being made to their name and address for
voter registration purposes.
(b) The submission of the application for voter
registration together with the application for the identification card shall be
deemed to authorize the examiner of drivers to collect and transmit the
information necessary to register the qualified applicant as a voter if the
applicant made such a choice or to make changes to the qualified applicant's
voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically
transmit the necessary information to the clerk of the county in which the
qualified applicant resides, election officials, and the online voter
registration system pursuant to section 11-15.7(c).
The examiner of drivers shall not
transmit any information necessary to register a qualified applicant as a voter
if the applicant made a choice not to be registered to vote nor transmit any
information necessary to make changes to the qualified applicant's voter
registration information if the applicant declined such changes. The examiner of drivers shall not
transmit any information related to a voter application or changes to
the applicant's voter registration information if the applicant presents a document
demonstrating a lack of United States citizenship.
(c) For the purposes of this section,
"qualified applicant" means a person who qualifies to register as a
voter by law]."
SECTION 11. Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
All information and records acquired by the examiner of drivers under
this part shall be confidential; provided that the examiner may transmit voter
registration information as required under sections 11-15.7, 286-107,
286-110, 286-111, 286-111.5, 286-117, 286-303, and 286-303.5[,
286-111, and 286-303]. 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 restrictions as the director shall prescribe. The examiner may dispose of any application or
identification card, or information or record relating to the application or
identification card, that does not include a social security number, without
regard to chapter 94, whenever, in the examiner's discretion, retention of the
information or record is no longer required or practicable."
SECTION 12. Section 346-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
The department and its agents shall keep records that may be necessary
or proper in accordance with this chapter.
All applications and records concerning any applicant or recipient shall
be confidential[.]; provided that the department may transmit voter
registration information as required under section 11-15.5. The use or disclosure of information
concerning applicants and recipients shall be limited to:
(1) Persons duly authorized by the State or the United States in connection with their official duties, when the official duties are directly connected with the administration of any form of public assistance, medical assistance, food stamps, or social services;
(2) Purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any form of public assistance, food stamps, medical assistance, or social services, including disclosure by the department of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding any aspect of theft, fraud, deception, or overpayment in connection with any aspect of public assistance, food stamps, medical assistance, or social services; provided that disclosure by recipient agencies and personnel shall be permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;
(3) Disclosure to the extent necessary to provide services for applicants and recipients, to determine eligibility, or to determine the amount of public assistance, including verification of information provided by the recipient of public assistance, medical assistance, or food stamps, or to determine the type, kind, frequency, and amount of social services, including health and mental health related services needed;
(4) Disclosure to banks, financial institutions, or any other payor of a public assistance warrant or check of any information indicating that a public assistance warrant or check honored by the bank, institution, or payor has been forged or otherwise wrongfully presented for payment;
(5) Federal agencies responsible for the administration of federally assisted programs that provide assistance in cash or in kind for services directly to individuals on the basis of need and the certification of receipt of assistance to needy families with minor dependents to an employer for purposes of claiming tax credit under Public Law 94-12, the Tax Reduction Act of 1975, shall be permitted;
(6) Employees acting within the scope and course of their employment of recognized social welfare organizations as may be approved by the department;
(7) Purposes directly connected with any investigation, prosecution, or criminal proceeding conducted in connection with the licensure or operation of an adult day care center, including disclosure by the department of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations;
(8) Disclosure to the child support enforcement agency for obtaining or enforcing a child support order under chapter 576D;
(9) Disclosure of a recipient's residence and business address to law enforcement officers who request information if the information is needed for an official administrative, civil, or criminal law enforcement purpose to identify a recipient as a fugitive felon or parole violator, and in cases where the information is needed for an official purpose and where the department has informed the recipient of the circumstances in which the recipient's address may be released under section 92F-19(a)(1), (3), or (4);
(10) Disclosure of reports and records relating to child abuse or neglect to the extent allowed by rules adopted under section 350-1.4; and
(11) Disclosure pursuant to a court order, after an in camera review of the records by the court, upon a showing of good cause by the party seeking the release of the records."
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Elections; DHS; Automatic Voter Registration; Med-QUEST; Motor Vehicle Permits and Licenses; Identification Cards
Description:
Requires the Department of Human Services to automatically transmit voter registration information for any Med-Quest applicant. Authorizes state agencies to implement automatic voter registration if designated by the Office of Elections. Requires eligible applicants for instruction permits, provisional licenses, driver's licenses, and identification cards to be automatically registered or preregistered to vote unless the applicant opts out.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
