SB2935 SD1.DOC

THE SENATE	S.B. NO.	2935
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE DRIVER LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§286- Licensing for undocumented immigrants. (a) Notwithstanding section 286-104(7) to the contrary, the examiner of drivers may issue a driver's license with a unique identifier or an instruction permit with a unique identifier under this section to a person who is unable to submit proof satisfactory to the director, that the applicant's presence in the United States is authorized under federal law; provided that the person:

(1) Meets all other qualifications for licensure;

(2) Provides satisfactory proof to the examiner of drivers of the person's identity and Hawaii residency; and

(3) Provides a United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number.

(b) The director may adopt rules to carry out the purposes of this section.

(c) The examiner of drivers shall accept various types of documentation as proof of a person's identity and Hawaii residency, including:

(1) A valid, unexpired consular identification document issued by a consulate from the person's country of citizenship, or a valid, unexpired passport from the person's country of citizenship;

(2) 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) A marriage license or divorce certificate;

(B) A foreign federal electoral photo card;

(D) An original birth certificate, or other proof of age, as designated by the examiner of drivers;

(3) A deed or title to real property;

(4) A property tax bill or statement issued within the previous twelve months; or

(5) An income tax return.

(d) A driver's license, including a temporary license, with a unique identifier or an instruction permit with a unique identifier issued pursuant to this section shall be designed to be clearly distinguishable from the Hawaii's driver's license, temporary driver's license, and instruction permit. The license or permit shall indicate that the license or permit is not acceptable for federal, employment, voter registration, or other public purposes and shall be used solely for driving.

(e) If the United States Department of Homeland Security determines that a driver's license with a unique identifier issued pursuant to this section does not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, the examiner of drivers shall modify the driver's license with a unique identifier only to the extent necessary to satisfy the federal requirements.

(f) The inability to obtain a driver's license with a unique identifier pursuant to this section shall not abrogate or diminish in any respect the legal requirement of every driver in this State to obey the motor vehicle laws of this State, including laws with respect to licensing, motor vehicle registration, and financial responsibility.

(g) It shall be a violation to discriminate against a person simply because the person holds or presents a driver's license with a unique identifier issued pursuant to this section.

(h) Information collected pursuant to this section shall not be a public record and shall not be disclosed by the examiner of drivers, except as provided by law.

(i) A driver's license with a unique identifier 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.

(j) In addition to any other fees required by this chapter, a person applying for an original driver's license with a unique identifier pursuant to this section may be required to pay a fee to be determined by the examiner of drivers that is sufficient to offset the reasonable administrative costs of implementing the requirements of this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on September 1, 2014.