SB683 SD1.DOC

SECTION 1. 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 legal 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 2. 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) The examiner of drivers shall not decline to issue a driver's license, provisional driver's license, or instruction permit to any applicant who meets all other requirements to obtain a driver's license under this part but who cannot establish legal presence in the United States or does not have a social security number; provided that the applicant:

(1) Submits proof of residency in the State;

(2) Submits either two forms of primary proof of identity or one form of primary proof of identity and one form of secondary proof of identity; and

(3) Files an affidavit with the examiner of drivers attesting that the applicant has filed an application to legalize the applicant's immigration status or will file an application as soon as eligible to do so.

Any form of primary proof of identity, secondary proof of identity, or proof of residency submitted to the examiner of drivers that is in a language other than English shall be accompanied by a certified English translation prepared by a translator approved by the examiner of drivers.

(b) The examiner of drivers shall not issue a driver's license under this section to any applicant who has been convicted of any felony in Hawaii.

(c) Any driver's license, provisional driver's license, or instruction permit issued pursuant to this section shall include an indication on the license or permit that the license or permit shall not be acceptable for federal identification purposes.

(d) No driver's license, provisional driver's license, or instruction permit issued pursuant to this section shall be used as identification for voting purposes.

(e) The examiner of drivers shall place a restriction on each driver's license, provisional driver's license, or instruction permit issued pursuant to this section, indicating that the driver's license, provisional driver's license, or instruction permit is "for driving purposes only".

(f) Any driver's license issued under this section shall expire three after the date of issuance and may be renewed every three years thereafter. The examiner of drivers shall not renew any driver's license issued under this section unless the licensed person makes personal appearance and demonstrates proof of residency at the time of renewal.

(g) As used in this section:

"Primary proof of identity" means documentation indicating the identity of an applicant for a driver's license, provisional driver's license, or instruction permit in the form of:

(1) A valid foreign passport issued by an applicant's country of citizenship that is unexpired or expired for not less than three years before the submission of the application;

(2) A valid, unexpired consular identification document issued by an applicant's country of citizenship; or

(3) A consular report of an applicant's birth in a foreign country.

"Secondary proof of identity' means documentation indicating the identity of an applicant in the form of:

(1) A valid, unexpired motor vehicle operator's license, with security features, issued by another state or country;

(2) A valid foreign voter registration card;

(3) A certified copy of a marriage certificate issued by any state or territory of the United States, or any political subdivision thereof, including any county, city, or town;

(4) A certified school transcript; or

(5) A baptismal certificate or any similar document.

"Proof of residency" means a piece of mail or electronic mail that includes an applicant's name and address, indicates that the applicant resides in the State and is dated, unless otherwise indicated, not earlier than ninety days before submission of an application. Proof of residency shall be made from any two of the following sources:

(1) A bill from a bank or mortgage company, utility company, credit card company, doctor, or hospital;

(2) A bank statement or bank transaction receipt showing the bank's name and mailing address;

(3) A preprinted pay stub;

(4) A property or excise tax bill dated not earlier than twelve months before such application;

(5) An annual benefits summary statement from the Social Security Administration or other pension or retirement plan dated not earlier than twelve months before such application;

(5) A Medicaid or Medicare benefit statement;

(6) A current homeowner's insurance or renter's insurance policy or motor vehicle insurance card or policy dated not earlier than twelve months before the application;

(7) A residential mortgage or similar loan contract, lease, or rental contract showing signatures from all parties needed to execute the agreement dated not earlier than twelve months before such application;

(8) Any postmarked mail;

(9) A change of address confirmation from the United States Postal Service indicating an applicant's current and prior address;

(10) A survey of an applicant's real property issued by a licensed surveyor; or

(11) Any official school records showing enrollment."

SECTION 3. 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 4. 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 5. 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 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 1, 2016.

THE SENATE	S.B. NO.	683
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII