STAND. COM. REP. NO. 249

Honolulu, Hawaii

RE:    S.B. No. 206

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Judiciary and Labor and Transportation and Energy, to which was referred S.B. No. 206 entitled:

"A BILL FOR AN ACT RELATING TO VOTING,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow any person who is eligible to vote but is not already registered to vote and applies for a new or renewed motor vehicle driver's license, provisional license, or instruction permit, or a new, renewed, or duplicate civil identification card to be automatically registered to vote unless the applicant affirmatively declines to be registered to vote;

     (2)  Require the examiner of drivers to electronically transmit the necessary information to election officials and the statewide voter registration system, in addition to the appropriate county clerk; and

     (3)  Authorize access to and electronic transmission of databases maintained or operated by the counties or the Department of Transportation containing driver's license or civil identification card information to election officials and the statewide voter registration system, as determined by the Chief Election Officer.

     Your Committees received testimony in support of this measure from the Office of Elections; Office of Hawaiian Affairs; Office of the County Clerk, County of Maui; Office of the County Clerk, County of Kaua‘i; Kupuna Caucus of the Democratic Party of Hawaii; Common Cause Hawaii; Hawai‘i Alliance for Progressive Action; League of Women Voters of Hawaii; National Women's Political Caucus, Hawaii Chapter; and twenty-eight individuals.  Your Committees received testimony in opposition to this measure from the Department of Transportation.

     Your Committees find that automatic voter registration, also known as "motor voter", provides eligible voters an opportunity to register to vote when applying for or renewing a driver's license unless the eligible voter affirmatively declines to be registered.  Proponents believe that automatic voter registration assists in removing barriers to registration for eligible voters, which is the first step to voter participation.  Voter registration through a routine and necessary transaction, such as driver's licensing or renewal, increases voter registration efficiency and effectiveness and voter turnout.  Hawaii has one of the lowest voter registration rolls and participation rates in the country.  This measure will assist in increasing voter registration by providing the option for individuals when applying for or renewing driver's licenses and state identification cards to register to vote.

     Your Committees note the written testimony received by the Department of Transportation indicates that section 286-172, Hawaii Revised Statutes, authorizes the Director of Transportation to determine the distribution of the personal information contained in the driver's license and civil identification statewide traffic records system, including documents and images.  Thus, in accordance with this law, the Chief Election Officer is required to make a request to the Director of Transportation for access to and the electronic transmission of information contained in the statewide traffic records system.

     Accordingly, your Committees have amended this measure by:

     (1)  Adopting the language suggested by the Department of Transportation that authorizes the Director of Transportation, rather than the Chief Election Officer, to determine access to and the electronic transmission of databases containing driver's license or civil identification card information to election officials, provided that the Chief Election Officer makes a request to the Director of Transportation for the electronic transmission of such information;

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Transportation and Energy that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 206, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 206, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Transportation and Energy,

________________________________ LORRAINE R. INOUYE, Chair

________________________________ GILBERT S.C. KEITH-AGARAN, Chair