SB683.DOC

SECTION 1. This Act shall be cited as the "Drivers Safety Act".

SECTION 2. The legislature finds that the federal REAL ID Act of 2005, Pub. L. No. 109-13, requires states to comply with federally mandated eligibility criteria in issuing driver's licenses, including the requirement of proof of lawful presence in the United States. Accordingly, a person who does not submit satisfactory proof of the person's presence in the United States, as authorized by federal law, cannot legally operate a motor vehicle. The REAL ID Act, however, specifically allows states to issue driver's licenses that do not comply with the minimum federal use requirements and standards of the REAL ID Act, a critical exception. Since 2010 when the State implemented the restrictive identification requirements for driver's licenses, a significant number of residents are now unable to carry out necessary daily activities unless they operate motor vehicles without a license, and therefore, without insurance.

The heightened requirements unduly burden elderly residents, houseless individuals, undocumented immigrants, lawfully present nonimmigrants, and survivors of gender-based violence. The lack of access to licensure hinders the ability to drive safely, legally, and insured to work, to church, to run errands, to drop children off to school and drive them to medical appointments. Women in particular are disproportionately impacted by these requirements because they are often the primary caretakers of children.

In recent years, there has been a significant increase in state efforts to expand access to driver's licenses for persons who cannot provide proof of authorized presence in the United States. Several states now grant access to a driver's license regardless of immigration status and only require that the applicant establish evidence of current residency in the respective state.

The legislature further finds that the lack of access to driver's licensure as a result of restrictive identification requirements poses a serious threat to public safety. Allowing all age-qualifying residents to obtain driver's licenses will improve public safety by ensuring that all drivers are tested for driving skills and able to acquire motor vehicle insurance.

It is not the intent of this Act to jeopardize the State's compliance with the REAL ID Act of 2005 or the receipt of any federal grants or funding. Issuing restricted driver's licenses clearly marked as not acceptable for federal identification purposes for the limited purpose of driving a motor vehicle, is permissible and will not jeopardize the State's eligibility for federal grants or funding.

The purpose of this Act is to create a limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit for all age-eligible drivers; provided that all other qualifications for such licensure or permitting are met, including satisfactory proof of identity and proof of Hawaii residency.

SECTION 3. 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- Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit; requirements; limitations. (a) Notwithstanding section 286-104(7), a person who submits an application for a driver's license, provisional driver's license, or instruction permit that is unable or refuses to provide satisfactory proof of authorized presence in the United States pursuant to federal law, yet satisfies the remaining requirements of this part, including providing the examiner of drivers with proof of the applicant's identity and residency in the State, shall be issued a limited purpose driver's license, limited purpose provisional driver's license, or a limited purpose instruction permit that shall allow a person to operate a motor vehicle; provided that the limited purpose driver's license, limited purpose provisional driver's license, or a limited purpose instruction permit is clearly marked as not acceptable for federal identification purposes. An applicant may submit the following documentation as proof of identity and Hawaii residency:

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

(2) A valid, unexpired passport issued by the applicant's country of citizenship;

(3) An original birth certificate, or other proof of age, as designated by the director;

(4) A current home utility bill, lease or rental agreement, or other proof of Hawaii residency, as designated by the director;

(5) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal;

(6) An official school or college transcript that includes the applicant's date of birth, or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued;

(7) An official school or college identification card that includes the applicant's full name and a photograph of the applicant at the time the identification was issued;

(8) A United States Department of Homeland Security Form I-20, or Form DS-2019 (Certificate of Eligibility for Exchange Visitor (J-1)) Status;

(9) A United States Customs and Immigration Services Deferred Action for Childhood Arrival Approval Letter;

(10) A deed or title to real property;

(11) An identification card for health benefits;

(12) An identification card for a state public assistance program;

(13) A current voter registration card issued by the State;

(14) A payroll statement indicating wages earned in this State issued no more than six months preceding the time of the application;

(15) An income tax return filed in the State no more than two years preceding the time of the application;

(16) A social security card;

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

(D) A current driver's license issued by another country.

(b) Except as otherwise provided in this subsection, an application for a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made upon the form and in the manner required under section 286-111; and shall be accompanied by the payment of the fee established for non-limited purpose licenses or permits under section 286-111.

(c) Notwithstanding any other law, the director shall not require any applicant for a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit to furnish information regarding the applicant's ineligibility for a social security account number. The director shall not disclose the identity of an applicant who does not provide a social security card as a form of identification for purposes of this section.

(d) A limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit issued pursuant to this section shall:

(1) On its face bear the phrase, "Not acceptable for federal identification purposes"; and

(2) On the reverse side bear the phrase, "This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits.

(e) A limited purpose driver's license shall expire on the first birthday of the licensee occurring eight years after the date of the issuance of the limited purpose driver's license, unless sooner revoked or suspended; provided that:

(1) The limited purpose driver's license shall expire on the first birthday of the licensee occurring four years after the date of the issuance of the limited purpose driver's license, if at the time of issuance the applicant is twenty-four years of age or younger;

(2) The limited purpose driver's license shall expire on the first birthday of the licensee occurring two years after the date of the issuance of the limited purpose driver's license, if at that time of the issuance the applicant is seventy-two years of age or older;

(3) If the applicant is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States;

(4) In the case of a provisional license, if not suspended or revoked, a limited purpose provisional driver's license shall expire on the date of the limited purpose provisional licensee's nineteenth birthday; and

(5) A limited purpose instruction permit shall expire one year after the date of issuance.

(f) A limited purpose driver's license or limited purpose provisional driver's license shall be renewed in accordance with section 286-107 and reactivated in accordance with section 286-107.5. A limited purpose instruction permit shall be renewed in accordance with section 286-110.

(g) A limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall not be used to consider a person's citizenship or immigration status in a criminal investigation, arrest, or detention.

(h) Documents and information collected during the application process for a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be confidential and shall not be disclosed by the examiner of drivers or the department, except as required by law.

(i) If it is determined that the requirements under this section do not comply with applicable federal law, the examiner of drivers, under the direction of the department, shall modify the limited purpose license and permit requirements to the extent necessary to satisfy the requirements of federal law.

(j) The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section."

SECTION 4. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person, except one [~~exempted~~]:

(1) Exempted under section 286‑105[~~, one who~~];

(2) Who holds an instruction permit under section 286‑110[~~, one who~~];

(3) Who holds a limited purpose license, limited purpose provisional license, limited purpose instruction permit under section 286- ;

(4) Who holds a provisional license under section 286‑102.6[~~, one who~~];

(5) Who holds a commercial driver's license issued under section 286‑239[~~, or one who~~]; or

(6) Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles."

SECTION 5. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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."

SECTION 6. Section 286-111, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Every application for an instruction permit, provisional license, [or] driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made 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."

2. By amending subsection (e) to read:

"(e) [If] Except as provided in section 286- , 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."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 1, 2016.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	683
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII