SB2210 SD1

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§11‑ Automatic voter registration; opt-out. (a) Any person who is eligible to vote under this part and properly completes and submits an application for a new or renewed motor vehicle driver's license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, limited purpose instruction permit, or identification card shall automatically be registered to vote as provided in subsection (d).

(b) The examiner of drivers of each county shall use application forms for an original, duplicate, or change of address driver's license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, limited purpose instruction permit, or identification card as voter registration applications. The forms shall contain spaces for all information required by section 11-15. Within five calendar days of collection, the examiner of drivers of each county shall electronically transmit the voter registration information to the clerk of the county in which the applicant resides, election officials, and the statewide voter registration system pursuant to subsection (e); provided that the examiner of drivers shall not transmit any information necessary to register an applicant as a voter if that applicant affirmatively declines to be registered to vote.

(c) The clerk shall determine whether the applicant is currently registered in the general county register. If the applicant is not currently registered, the clerk shall determine whether the applicant is eighteen years of age or older and a citizen of the United States. If the applicant is less than eighteen years of age, the clerk shall defer the applicant until the applicant reaches eighteen years of age to determine whether the applicant is eligible to vote.

(d) Upon determination that the applicant is eligible to vote and not currently registered, the clerk shall provide written notification to the applicant of the process to opt-out of the automatic voter registration; provided that if the applicant does not opt-out of registration within twenty-one calendar days the clerk shall assign a transaction number to the registration in a manner that is substantially similar to the numbering of affidavits as required by section 11-15(c) and register the name of the voter in the general county register as provided in section 11-14.

(e) Databases maintained or operated by the counties or the department of transportation containing driver's license, provisional license, instruction permit, or identification card information, including any documents or images, shall be directly accessible and provided electronically to election officials and the statewide voter registration system to allow for the timely processing of voter registration applications, ensure the integrity of the voter registration rolls, and for any other government purpose, as determined by the director of transportation, and upon request by the chief election officer to the director of transportation for the electronic transmission of the information; provided that the chief election officer shall establish and implement an information privacy policy that:

(1) Specifies each class of internal users who shall have authorized access to the statewide voter registration system, specifies for each class the permissions and levels of access to be granted, and sets forth other safeguards to protect the privacy of the information on the statewide voter registration system;

(2) Prohibits any disclosure or transmission of any information not necessary to voter registration, including credit card information received in the course of the underlying transaction with the examiner of drivers of each county;

(3) Protects against public disclosure of full or partial social security numbers, driver's license numbers, and signatures;

(4) Prohibits public disclosure of an individual's decision not to register to vote;

(5) Prohibits the examiner of drivers of each county from transmitting to county clerks information other than that required for voter registration or specified information relevant to the administration of elections;

(6) Prohibits agencies from sharing individuals' citizenship status or information regarding country of origin with any federal agency; and

(7) Prohibits the disclosure of information relating to persons eligible for confidentiality of record information pursuant to section 11-14.5 and informs individuals of the confidentiality protections available under section 11-14.5."

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-A Automatic voter registration; driver licensing; opt-out. (a) The examiner of drivers of each county shall electronically transmit information that is required by section 11-15 to the clerk of the county in which the applicant resides for all qualified applicants who properly complete and submit an application for a new or renewed motor vehicle driver's license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit.

(b) The clerk of the county in which the qualified applicant resides shall provide written notification to the applicant of the process to opt-out of the automatic voter registration; provided that upon receipt of notification from the respective clerk the qualified applicant shall have twenty-one calendar days to opt-out of automatic voter registration pursuant to section 11‑ (d).

(c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter pursuant to section 11-15."

SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:

"§286-B Automatic voter registration; identification card; opt-out. (a) The examiner of drivers of each county shall electronically transmit information that is required by section 11-15 to the clerk of the county in which the applicant resides for all qualified applicants who properly complete and submit an application for an identification card pursuant to section 286‑303.

(c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter pursuant to section 11-15."

SECTION 4. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The applicant shall then affix the applicant's signature to the affidavit. In the case where an applicant is unable to write for the reason of illiteracy, blindness, or other physical disability, the applicant's mark shall be witnessed by another person who shall sign the affidavit in the space provided. A voter having once been registered shall not be required to register again for any succeeding election, except as provided in this chapter. Affidavits approved by the clerk shall thereupon be numbered appropriately, filed by the clerk, and kept available for election or government purposes in accordance with procedures established by section 11-97. Approved voter registration transactions conducted through the online voter registration system established pursuant to section 11-15.3 and automatic voter registration established pursuant to section 11‑ shall be assigned a transaction number in a manner that is substantially similar to the numbering of affidavits."

SECTION 5. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part. The examination shall include a test of:

(1) The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways;

(2) The applicant's ability to understand highway signs regulating, warning, and directing traffic;

(3) The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of section 291C-121.5 and section 291C-137; and

(4) The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director.

The examiner of drivers shall require every applicant to comply with section 286-102.5.

The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle or motor scooter for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104.

[~~At the time of examination, an application for voter registration by mail shall be made available to every applicant for a driver's license.~~]

For the purposes of this section, the term "applicant" does not include any person reactivating a license under section 286‑107.5(a)."

SECTION 6. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Every application shall state the full name, date of birth, sex, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, any information required for an application to register to vote pursuant to section 11-15, 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."

SECTION 7. Section 286-303, Hawaii Revised Statutes, is amended to read as follows:

"§286-303 Application for identification card. (a) Application for the identification card shall be made in person by any adult or minor. The minimum age for minors to obtain an identification card shall be ten years of age. In the case of a minor under the age of fourteen years, the application shall be made on the minor's behalf by the parent, or by another individual in loco parentis of the minor who can provide proof of guardianship. In the case of an incompetent individual, the application shall be made by the individual having the custody or control of or maintaining the incompetent individual.

(b) Application for renewal of an identification card issued after November 1, 1998, for an individual eighty years of age or older may be done by mailing in a completed application and fee, if there is no change in name and citizenship status. The director shall adopt rules to allow for renewal by mail for individuals with physical or intellectual disabilities for whom application in person presents a serious burden.

(c) Every application for an identification card or duplicate of an identification card shall be made on a form developed by the director and furnished by the examiner of drivers, signed by the applicant, and signed by the applicant's parent or guardian if the applicant is under eighteen years of age. The application shall contain the following information:

(1) Name and complete address, including the number and street name, of the applicant's permanent residence;

(2) The applicant's occupation and any pertinent data relating thereto;

(3) The applicant's citizenship status;

(4) The applicant's veteran status if applicable and desired by the applicant;

(5) The applicant's date and place of birth;

(6) General description of the applicant, including the applicant's gender, height, weight, hair color, and eye color;

(7) The applicant's left and right index fingerprints or, if clear impressions cannot be obtained, other identifying imprints as specified by rules of the director;

(8) The social security number of the applicant; [~~and~~]

(9) A digitized frontal photograph of the applicant's full face[.]; and

(10) Any additional information required for an application to register to vote pursuant to section 11-15.

Each applicant shall present documentary evidence as required by the examiner of drivers of the applicant's age and identity, and the applicant shall swear or affirm that all information given is true and correct.

(d) The application also shall state whether the applicant has an advance health-care directive. If the applicant has an advance health-care directive, the identification card shall bear the designation "AHCD".

[(e) The examiner of drivers, in accordance with section 11-15, at the time of application, shall make available an application for voter registration to every applicant for an identification card who is eligible to register to vote.

~~(f)~~] (e) The examiner of drivers shall maintain a suitable, indexed record of all applications.

[~~(g)~~] (f) For the purpose of this section, "AHCD", which stands for "advance health-care directive", means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions."

SECTION 8. Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~All~~] Except as provided in sections 286-A and 286-B, information and records acquired by the examiner of drivers under this part shall be confidential. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner. The information shall be available only to authorized individuals under such restrictions as the director shall prescribe. The examiner may dispose of any application or identification card, or information or record relating to the application or identification card, which does not include a social security number, without regard to chapter 94, whenever, in the examiner's discretion, retention of the information or record is no longer required or practicable."

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the electronic transmission, receipt, and processing of voter registration information pursuant to this Act.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 10. In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on January 1, 2019; provided that section 9 shall take effect on July 1, 2018.

THE SENATE	S.B. NO.	2210
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII