HOUSE OF REPRESENTATIVES

H.C.R. NO.

86

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE DEPARTMENT OF TRANSPORTATION TO STUDY THE FEasiBILITY OF EXTENDING EXPIRATION DATES FOR THE DRIVER'S LICENSES OF NON-CITIZEN RESIDENTS LEGALLY PRESENT IN THE STATE UNDER THE COMPACT OF FREE ASSOCIATION.

 

 

 


     WHEREAS, in 1986, the United States Government entered into a Compact of Free Association (COFA) with the Federated States of Micronesia, the Marshall Islands, Palau, and the Commonwealth of the Northern Mariana Islands; and

 

     WHEREAS, this compact grants the citizens of those nations the ability to move freely from their home nation and the United States, including the right to be lawfully present in the United States indefinitely, and the right to obtain driver's licenses issued by the State; and

 

     WHEREAS, the United States enacted the Real ID Act in 2005, which creates new requirements to obtain a driver's license and imposes greater restrictions on the renewal and issuance of driver's licenses; and

 

     WHEREAS, in order to comply with the Real ID Act, the Department of Transportation has chosen to interpret those new requirements and restrictions in such a manner that COFA residents in the State are required to renew their driver's licenses on an annual basis, a process that is usually reserved for state residents who are unable to prove their lawful residence; and

 

     WHEREAS, because of this interpretation of the Real ID Act, COFA residents in the State are experiencing an undue and disproportionate burden by having to renew their driver's licenses every year; and

     WHEREAS, the State has a duty to ensure the fair and equitable treatment of all residents; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Department of Transportation is requested to create a task force to:

 

     (1)  Study the feasibility of amending current state law to extend the expiration dates for driver's licenses for COFA residents who are lawfully present in the State; and

 

     (2)  Determine any roadblocks to enacting such legislation; and

 

     BE IT FURTHER RESOLVED that the task force comprise the following members or their respective designees:

 

(1)  The State Director of Transportation, to serve as chair of the task force;

 

(2)  The Director of Transportation Services of the City and County of Honolulu;

 

(3)  The Director of Public Works of the County of Hawaii;

 

(4)  The Executive of the Transportation Agency of the County of Kauai;

 

(5)  The Director of Transportation of the County of Maui;

 

(6)  A representative of the United States Department of the Interior, Office of Insular Affairs;

 

(7)  A representative from the Compact of Free Association Community Advocacy Network;

(8)  President of the Micronesian Community Network; and

 

(9)  Any other stakeholder deemed appropriate and necessary by the State Director of Transportation; and

 

BE IT FURTHER RESOLVED that the State Director of Transportation is requested to seek input from the following offices, as necessary:

 

(1)  Motor Vehicles, Licensing, and Permits Division of the City and County of Honolulu;

 

(2)  Finance, Vehicle Registration and Licensing Division of the County of Hawaii;

 

(3)  Drivers License Division of the County of Kauai;

 

(4)  Motor Vehicle and Licensing Division of the County of Maui; and

 

(5)  The governments of the Federated States of Micronesia, Republic of the Marshall Islands, and Republic of Palau; and

 

     BE IT FURTHER RESOLVED that the State Department of Transportation is requested to provide a report to the Legislature on the task force's efforts, including findings, recommendations, and any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Assistant Secretary of the United States Department of the Interior, Office of Insular Affairs, Honolulu Office; State Director of Transportation; Mayors of the City and County of Honolulu, County of Hawaii, County of Kauai, and County of Maui; Director of Transportation Services of the City and County of Honolulu; Director of Public Works of the County of Hawaii; Executive of the Transportation Agency of the County of Kauai; Director of

Transportation of the County of Maui; Compact of Free Association Committee Advocacy Network; and President of the Micronesian Community Network.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

DOT; COFA; Counties; Driver's Licenses; Real ID