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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2666 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to civil identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Civil identification; administered by the counties. The counties, by ordinance, shall administer the civil identification program under part II, chapter 846."
SECTION 2. Part II, chapter 846, Hawaii Revised Statutes, is amended to read as follows:
"PART II. CIVIL IDENTIFICATION
§846-21 Authority of [attorney general.]
the counties. The [attorney general] counties shall
carry out this part. [In conformity with chapter 76, the attorney general
may appoint such subordinates, at such compensation, within the limits of
available appropriations therefor, or without compensation, as may be necessary
or proper to carry out this part, and, the attorney general may delegate to
such subordinates such of the attorney general's powers and duties as may be
necessary for the efficient administration of this part.]
§846-23 [Rules.] Ordinances;
administration. [For the purpose of carrying out this part the attorney
general, subject to chapter 91, shall prescribe rules having the force and
effect of law including rules] The counties, by ordinance, or rules
adopted under chapter 91, or both, shall administer this part and include
ordinances assessing reasonable fees for the services provided under this
part. The [rules] counties shall provide for a waiver of any fee
in cases of extreme hardship[. Until rules]; provided that, until
ordinances or rules establishing the fees are enacted or adopted, the
fee for each service provided under this part shall be $15, which [fee]
may be waived in cases of extreme hardship and [which] shall be reduced
to $10 for any person who is sixty-five years [old] of age or
older.
§846-27 Registration and issuance of
certificates; fee[; revolving fund]. (a) Every person residing or
present in the State may be registered[,] and have issued to the person,
a certificate of identification, under this part.
(b) Application for the registration shall be
made in person by any adult person or minor over the age of fourteen years. In
the case of a minor under the age of fourteen years, the application shall be
made in the minor's behalf by the parent, or by another person in loco parentis
of [such] the minor who can provide proof of guardianship. In
the case of an incompetent person, the application shall be made by the person
having the custody [or], control of, or [maintaining]
provides support for the incompetent person.
(c) Application for the renewal of a
certificate of identification issued after November 1, 1998, for a person
sixty-five years old or older may be [done] filed by mailing [in]
a completed application and fee, if there is no change in the applicant's
name and citizenship.
The [department] counties shall [adopt
rules to allow] provide for renewal by mail for persons with
physical or mental disabilities for whom application in person [presents]
would present a serious burden.
[(d) There is established in the state
treasury a revolving fund to be known as the state identification revolving
fund. The fund shall consist of all fees assessed for the processing and
issuance of certificates of identification under this part. The fund shall be
administered by the attorney general for the purposes of this part.
(e) 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 forward in the fund for the next fiscal year.]
§846-28 Information to be secured.
(a) The [department of the attorney general] counties shall
require, collect, secure, [make,] establish, and maintain a
record of the following items of information with respect to each applicant for
registration:
(1) The name of the person applying to be registered (hereinafter called the "registrant" or "applicant"), the street and number or address of the applicant's place of permanent residence, and the applicant's residence and business telephone numbers, if any;
(2) The applicant's occupation and any pertinent data relating thereto;
(3) The applicant's racial extraction;
(4) The applicant's citizenship;
(5) The date and place of the applicant's birth;
(6) The applicant's personal description, including sex, height, weight, hair, eyes, complexion, build, scars, and marks;
(7) The applicant's right and left index fingerprints
or, if the applicant has no right index finger or left index finger, other
identifying imprint as specified by [rules of the department;] ordinance
or rules; provided that this requirement shall not apply to minors [until
they reach] under the age of three years;
(8) The name, relationship, and address of the nearest
relative or other person to be notified in case of sickness, accident, death,
emergency, or need of the applicant, if [such] notification is desired;
(9) The social security number of the applicant; and
(10) A full frontal photograph of the
applicant's [full] face.
(b) The [department of the attorney
general,] counties, at the time of application, shall ask whether
the applicant has an advance health-care directive[. The department of the
attorney general shall] and issue or renew an identification certificate
bearing the designation, "advance health-care directive", a symbol,
or abbreviation thereof, [for each] if requested by the applicant
[who has so indicated].
["Advance] For the purposes of
this section, "advance health-care directive" means an individual
instruction in writing, a living will, or a durable power of attorney for
health care decisions.
§846-30 Identification certificates; form.
The [department of the attorney general,] counties, after taking
the fingerprints of each registrant as provided in this part (except as
otherwise provided in the case of children under three years of age), and after
securing the information required by, or pursuant to this part, shall
issue to each registrant, a certificate of identification in [such]
a form[, and with such information, as the attorney general deems
necessary and practicable.] prescribed by the counties.
§846-30.5 Expiration date. Every
certificate of identification issued under this part, whether an original or a
renewal, shall bear an expiration date that shall [be] fall on
the person's birthday six years after the year of issuance[, except];
provided that every certificate issued on or after July 1, 2009, shall bear
an expiration date that shall [be] fall on the person's birthday
eight years after the date of issuance [and except]; provided
further that if the person is a legal nonimmigrant, the certificate shall bear
an expiration date that is the same as the expiration date on the person's U.S. Citizenship and Immigration Services departure
card (I-94).
§846-37 Disposition of [income.] fees
and other moneys. [Except as provided in section 846-27, all] All
fees and other moneys received or collected by the [department of
the attorney general] counties under this part shall be deposited
with the director of finance [to the credit of the general fund.] of
the county that issued the certificate of identification."
SECTION 3. All rights, powers, functions, and duties of the department of attorney general, with respect to civil identification program under part II, chapter 846, Hawaii Revised Statutes, are transferred to the counties.
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 and county 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 the 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 4. 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 attorney general, with respect to civil identification under part II, chapter 846, Hawaii Revised Statutes, and related to the functions transferred to the counties, shall be transferred with the functions to which they relate.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Civil Identification; Attorney General; Counties
Description:
Transfers the responsibility for administering the civil identification program from the Attorney General to the counties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.