SB2935.DOC

SECTION 1. The legislature finds that:

(1) According to a report published by the AAA Foundation for Traffic Safety, car crashes rank among the leading causes of death in the United States;

(2) Previous studies done by the AAA Foundation for Traffic Safety have found that unlicensed drivers are almost five times more likely than licensed drivers to be involved in a fatal crash;

(3) The Hawaii highway safety act ensures that all Hawaii drivers are properly trained, tested, and insured in order to safeguard Hawaii's roads, residents, and visitors;

(4) Police use driver's licenses to identify motorists during stops and check their traffic records; and

(5) First responders and health care providers use the driver's license to identify the individuals that they assist.

The purpose of this Act is to ensure that parents may take their children safely to school and medical appointments, contribute to the State's economy, and safely carry out other daily activities.

SECTION 2. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"§286-104 Which persons shall not be licensed. The examiner of drivers shall not issue any license to any person:

(1) Whose license has been suspended by a court of competent jurisdiction during the suspension period, nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater, except as provided under [~~sections~~] section 286-102.6(d) and 286-102.6(e) for suspensions and revocations of a provisional license; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs;

(2) Who is required by this part to take an examination, unless the person has successfully passed the examination;

(3) Who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited the proof;

(4) Who the examiner of drivers has good cause to believe would not be able to operate a motor vehicle with safety upon the highways by reason of physical or mental disability;

(5) Who is under eighteen years of age; provided that a person:

(A) Who is fifteen years and six months of age may be granted an instruction permit;

(B) Who is at least sixteen and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of section 286-102.6;

(C) Who is at least seventeen and less than eighteen years of age may be granted a license upon satisfying the requirements of section 286-102.6, which license may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or

(D) Who is an emancipated minor may be granted a license upon satisfaction of all requirements of this chapter applicable to persons eighteen years of age or older;

(6) Who is not in compliance with section 286-102.5; or

(7) Who does not submit proof, satisfactory to the director, that the applicant's presence in the United States is authorized by federal law. The director shall adopt rules in accordance with chapter 91 that provide for standards of proof and for exemptions from this requirement[.], except as provided under section 286-111(e).

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 3. Section 286-111, Hawaii Revised Statutes, is amended to read as follows:

"§286-111 Application for license, provisional license, or instruction permit; fees. (a) Every application for an instruction permit, provisional license, or driver's license shall be made in person upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All of the foregoing fees shall become county realizations.

(b) The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law. The fees collected shall become state realizations and be deposited into the state highway fund. The State shall reimburse the counties all costs of verification through the federal system. The amount of reimbursement shall be determined by the director of transportation.

(c) The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations. The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund. The State shall reimburse the counties all costs for administering the commercial driver's licensing program. The amount of reimbursement shall be determined by the director of transportation.

(d) Every application shall state the full name, date of birth, sex, occupation, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.

(e) If the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d)[:

~~(1)~~ ~~A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and~~

~~(2)~~ ~~Either:~~

~~(A)~~ ~~A government-issued photo identification document; or~~

~~(B)~~ ~~Other identification documents as deemed acceptable by the director.~~]

, one of the primary documents listed under subsection (f) or two of the secondary documents listed under subsection (g). These documents shall also be acceptable as proof of Hawaii residence if they include the applicant's name and an address in Hawaii.

(f) The following primary documents, when presented alone, shall be sufficient to establish identity or age:

(1) A valid, unexpired foreign passport;

(2) A valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship;

(3) An original or certified copy of a birth certificate;

(4) A driver's license or identification card issued by another state;

(5) A United States military identification document or report of separation;

(6) A certificate of degree of Indian blood issued by the federal government; or

(7) Any document issued by a foreign government that the director of transportation determines is substantially similar to a consular identification card or otherwise establishes identity.

(g) The following secondary documents, when presented in a combination of two or more, are sufficient to establish identity or age:

(1) A foreign federal electoral photo card issued on or after January 1, 1991;

(2) A foreign driver's license;

(3) A foreign school record that includes a photograph of the applicant at the age that the record was issued;

(4) An identification card issued by an educational institution located in the United States; or

(5) A labor union identification card."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2935
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII