HB4

SECTION 1. The legislature recognizes that in 2017, the department of transportation and the office of elections entered into a memorandum of agreement to authorize the office of elections to access the driver's license and state identification databases to ensure the integrity of voter registration rolls and authorize the electronic transfer of voter registration information.

The purpose of this Act is to promote voter registration and facilitate the execution of the memorandum of agreement between the department of transportation and the office of elections.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding four new sections to part II to be appropriately designated and to read as follows:

"§11-A Applications for driver's license or identification card. (a) Notwithstanding any law to the contrary, the affidavit application for voter registration required by section 11-15 shall be a part of the application required for the issuance of a driver's license under section 286-109 and an identification card under section 286-301. Each application shall include a space to request a permanent absentee ballot.

(b) An application for a driver's license or an identification card shall not be processed until the applicant:

(1) Has been confirmed electronically to be a registered voter; or

(2) After having read the eligibility requirements, has

(A) Applied to register to vote; or

(B) Affirmatively declined on the application form to register to vote.

(c) If an applicant for a driver's license or an identification card is a registered voter, the application shall serve to automatically update the applicant's voter registration residence address, mailing address, or name, as may be applicable, unless the applicant affirmatively declines the update.

(d) The examiner of drivers and the department of transportation shall indicate in their respective databases whether the holder of a driver's license or an identification card is a registered voter, in addition to any other information referred to in subsection (e). 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.

(e) The examiner of drivers shall electronically transmit to the office of elections, on a real time basis, the following information associated with each applicant who is a United States citizen who is a registered voter or who has not affirmatively declined to register to vote:

(1) Name;

(2) Date of birth;

(3) Last four digits of the social security number;

(4) Driver's license number or identification card number;

(5) Gender;

(6) Residence address;

(7) Mailing address;

(8) Digitized signature;

(9) Electronic copy of the application;

(10) Whether the applicant is a registered voter;

(11) Whether the applicant has fully completed the voter registration portion of the application;

(12) Whether the applicant chose to become a permanent absentee voter; and

(13) Other information specified by the chief election officer.

(f) Databases maintained or operated by the counties or the department of transportation containing driver's license and identification card information, including any documents or images, shall be electronically accessible by election officials and the statewide voter registration system:

(1) To allow for the timely processing of voter registration applications;

(2) To facilitate verification of information provided by online voter registration applicants under section 11-15.3;

(3) To ensure the integrity of the voter registration rolls; or

(4) For any other election purpose.

§11-B Voter registration privacy; rules. The chief election officer shall adopt rules pursuant to chapter 91 that shall:

(1) Prohibit the disclosure of information relating to persons:

(A) In an address confidentiality program;

(B) In categories designated confidential by federal or state law, including victims of domestic violence or stalking, prosecutors and law enforcement personnel, and participants in a witness protection program; and

(2) Prohibits public disclosure of any information not necessary to voter registration, including credit card information received in the course of an underlying transaction with any state or county governmental agency;

(3) Protects against public disclosure of social security numbers and digits, driver’s license numbers, and signatures;

(4) Prohibits public disclosure of any individual’s decision to decline to register to vote;

(5) Prohibits state and county agencies from transmitting to election officials information other than that required for voter registration or specified information relevant to the administration of elections; and

(6) Prohibits state and county agencies from sharing with any federal agency information regarding citizenship or country of origin.

§11-C Protections against liability of individuals on basis of information transferred. Notwithstanding any law to the contrary, unless an ineligible individual wilfully and knowingly takes affirmative steps to register to vote knowing that the individual is not eligible to do so, the record and signature of an ineligible individual that is transmitted through an electronic system by a state or county agency to any elections or voter registration authority shall not be considered to have registered to vote. Therefore, if the State processes a person's voter registration application, registration shall be presumed to have been effectuated and officially authorized by the State and the individual shall not be subject to any penalty under any relevant state or county law.

§11-D Prevention of removal from voter registration list. Citizens who either update or confirm their existing registration through the automatic voter registration system shall be considered to have engaged in voter activity and treated as though they submitted a written confirmation of address or new registration form to their local board of elections. These citizens shall be removed from any lists for removal from the active or inactive voter registration list pursuant to Section 8 of the National Voter Registration Act."

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-A Voter registration. (a) A qualified applicant for a new or renewed motor vehicle driver's license, provisional license, or instruction permit shall automatically be registered to vote with the clerk of the appropriate county upon completion of the license or permit application as required in section

11-A unless the applicant affirmatively declines, on the

application form, to be registered to vote.

(b) Unless an applicant affirmatively declines to be registered to vote, the submission of the application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the applicant as a voter, and the examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the applicant resides and to election officials and the statewide voter registration system pursuant to section 11-A(e). The examiner of drivers shall not transmit any information necessary to register an applicant as a voter if that applicant affirmatively declines to vote.

SECTION 4. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XVI be appropriately designated and to read as follows:

"§286-B Voter registration. (a) A qualified applicant for a new, renewal, or duplicate identification card shall automatically be registered to vote with the clerk of the appropriate county upon completion of an application for identification card as required by section 11-A unless the applicant affirmatively declines, on the application form, to be registered to vote.

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

"§286-108 Examination of applicants. (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 286-109, Hawaii Revised Statutes, is amended to read as follows:

"§286-109 General provision governing the issuance of licenses. (a) Upon payment of the required fee and upon demonstrating the ability to operate a certain category or categories of motor vehicles to the satisfaction of the examiner of drivers, an applicant for a driver's license shall be issued a single license of a design approved by the director of transportation upon which is made a notation of:

(1) The category or categories of motor vehicles the applicant may operate;

(2) Any restrictive provisions to which the license is subject;

(3) Veteran status, if desired by the applicant; provided that the notation shall be on the front of the license and shall not include any designation other than the term "veteran"; and

(4) When the license is issued to a person under twenty-one years of age, a statement, in clearly legible print that shall contrast with the other information appearing on the license, [~~which~~] that indicates the date on which the person will attain the age of twenty-one years.

As used in this subsection, "veteran" means any person who served in any of the uniformed services of the United States, 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 was discharged under conditions other than dishonorable.

(b) The examiner of drivers shall not issue or renew any driver's license using the driver's social security number on the driver's license.

(c) Statutes of limitations and other provisions of this chapter notwithstanding, no driver's license or instruction permit shall be issued or renewed under this section, where the examiner of drivers is notified by the district judge, traffic violations bureaus of the district courts, or the judge of the circuit court that the applicant has failed to respond to a traffic citation or summons, or failed to appear in court after an arrest for the violation of any traffic laws of a county, this chapter or chapter 286G, 287, 290, 291, or 291C, or of any motor vehicle insurance laws under article 10C of chapter 431, or of any motorcycle or motor scooter insurance laws under article 10G of chapter 431, and the same remains delinquent and outstanding, or the applicant, has as of the time of the application, failed to comply in full with all orders of the court; provided that the district court with whose order an applicant has failed to comply in full, may approve the issuance or renewal of a driver's license or instruction permit other than a commercial driver's license upon conditions imposed by the court for the satisfaction of the outstanding court order and any other conditions as may be imposed by the court, if one or more of the following conditions are met:

(1) The applicant is gainfully employed in a position that requires driving and will be discharged if the applicant is unable to drive; or

(2) The applicant has no access to alternative transportation and therefore must drive to work;

provided further that if the applicant has failed to comply in full with orders of the district court of more than one circuit, the applicant shall obtain the approval of the district court of each circuit in which the applicant has an outstanding court order before a driver's license or instruction permit may be issued or renewed under this subsection.

A driver's license or instruction permit issued or renewed under this subsection shall be subject to immediate suspension by the court upon the applicant's failure to remain in full compliance with all conditions imposed by the court for the issuance or renewal of the driver's license or instruction permit. The examiner of drivers may place an indication of restriction upon a driver's license or instruction permit issued or renewed under this subsection. Proof of financial responsibility under section 287-20 shall not apply to the issuance or renewal of driver's licenses or instruction permits under this subsection.

(d) An application for a driver's license shall include the information required under section 11-A."

SECTION 7. Section 286-301, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-301[]] Issuance of identification card or temporary card. (a) To obtain an identification card from the examiner of drivers, an individual shall complete an application pursuant to section 286-303.

(b) The examiner of drivers, upon receipt of the application by any individual who is a resident or a temporary resident of this State, shall issue an identification card to that individual upon receipt of any appropriate fee established pursuant to section 286-309.

(c) The identification card shall be similar in size, shape, and design to a driver's license, but shall not entitle the individual to whom it is issued to operate a motor vehicle.

(d) The issuance of an identification card pursuant to this section shall not place upon the State of Hawaii or any agency any liability for the misuse or the acceptance of the identification card as valid identification, which shall be left entirely to the discretion of any individual to whom such card is presented.

(e) An application for an identification card from the examiner of drivers shall include the information required under section 11-A."

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

"(a) [~~All~~] Except for purposes of voter registration as specified in sections 11-A, 286-A, 286-B, 286-109, and 286-301, 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. In codifying the new sections added by sections 2, 3, and 4 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 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on January 1, 2020.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	4
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII