Hawaii 2022 Regular Session

Hawaii House Bill HB195 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 195 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO VOTER REGISTRATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 195
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	195
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO VOTER REGISTRATION.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	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- Applications for a driver's license or civil identification card. (a) Notwithstanding any law to the contrary, an affidavit on an application for voter registration shall be a part of any application associated with the issuance of a driver's license under section 286-109 or a civil identification card under section 286-301. (b) An application for a driver's license or civil identification card shall not be processed until the applicant has: (1) Been confirmed electronically as already a currently registered voter; (2) Applied on the application form to register to vote; or (3) Affirmatively declined on the application form to register to vote. (c) If an applicant for a driver's license or civil identification card is a currently registered voter, an application form shall serve to automatically update the applicant's voter registration residence address, mailing address, or name, as applicable. A notice to this effect shall be stated on any application form utilized by the examiner of drivers. (d) The examiner of drivers and the state department of transportation shall maintain current electronic database records indicating each driver's license or civil identification card holder's status as a registered voter, in addition to any other information referred to in subsection (e). (e) The examiner of drivers shall electronically transmit to the office of elections, on a real time basis, information required by this subsection for any applicant who is a currently registered voter or any applicant who is a United States citizen and has not affirmatively declined to register to vote. The information required for electronic transmittal includes an applicant's: (1) Name; (2) Date of birth; (3) Last four digits of the social security number; (4) Driver's license number or civil identification card number; (5) Residence address; (6) Mailing address; (7) Status as a currently registered voter; (8) Status of having completed the voter registration portion of the application; (9) Status of having indicated being a citizen of the United States of America, at least sixteen years of age, and a resident of the State of Hawaii; (10) Status of indicating authorization to cancel voter registration in another state; (11) Digitized signature; (12) Application in electronic form (e.g., TIFF, JPEG, PDF, or other electronic format copy of the original application); and (13) Other information specified by the chief election officer. (f) Databases maintained or operated by the department of transportation or the counties that contain driver's license and civil identification card information, including any documents or images, shall be electronically accessible by election officials and the statewide voter registration system to allow for: (1) Timely processing of voter registration applications; (2) Verification of information provided by online voter registration applicants under section 11-15.3; (3) Assurance of the integrity of the voter registration rolls; or (4) For any other election purpose." SECTION 2. 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 person's full legal name, date of birth, gender designation, residence address, and license number; (2) The category or categories of motor vehicles the applicant may operate; (3) Any restrictive provisions to which the license is subject; (4) 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 (5) 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 indicates the date on which the person will attain the age of twenty-one years. As used in this subsection: "Gender designation" includes the options of F, M, or X. "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 this subsection shall not apply to outstanding and delinquent payments pursuant to chapter 291D; provided further 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- ." SECTION 3. 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] an 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] an 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] an identification card as valid identification, which shall be left entirely to the discretion of any individual to whom [such] an identification card is presented. (e) An application for an identification card from the examiner of drivers shall include the information required under section 11- ." SECTION 4. Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) [All] Except for the purposes of sections 11- , 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] any 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] that 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on January 1, 2022. INTRODUCED BY: _____________________________ By Request
48	48
49	49	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:
50	50
51	51	"§11- Applications for a driver's license or civil identification card. (a) Notwithstanding any law to the contrary, an affidavit on an application for voter registration shall be a part of any application associated with the issuance of a driver's license under section 286-109 or a civil identification card under section 286-301.
52	52
53	53	(b) An application for a driver's license or civil identification card shall not be processed until the applicant has:
54	54
55	55	(1) Been confirmed electronically as already a currently registered voter;
56	56
57	57	(2) Applied on the application form to register to vote; or
58	58
59	59	(3) Affirmatively declined on the application form to register to vote.
60	60
61	61	(c) If an applicant for a driver's license or civil identification card is a currently registered voter, an application form shall serve to automatically update the applicant's voter registration residence address, mailing address, or name, as applicable. A notice to this effect shall be stated on any application form utilized by the examiner of drivers.
62	62
63	63	(d) The examiner of drivers and the state department of transportation shall maintain current electronic database records indicating each driver's license or civil identification card holder's status as a registered voter, in addition to any other information referred to in subsection (e).
64	64
65	65	(e) The examiner of drivers shall electronically transmit to the office of elections, on a real time basis, information required by this subsection for any applicant who is a currently registered voter or any applicant who is a United States citizen and has not affirmatively declined to register to vote. The information required for electronic transmittal includes an applicant's:
66	66
67	67	(1) Name;
68	68
69	69	(2) Date of birth;
70	70
71	71	(3) Last four digits of the social security number;
72	72
73	73	(4) Driver's license number or civil identification card number;
74	74
75	75	(5) Residence address;
76	76
77	77	(6) Mailing address;
78	78
79	79	(7) Status as a currently registered voter;
80	80
81	81	(8) Status of having completed the voter registration portion of the application;
82	82
83	83	(9) Status of having indicated being a citizen of the United States of America, at least sixteen years of age, and a resident of the State of Hawaii;
84	84
85	85	(10) Status of indicating authorization to cancel voter registration in another state;
86	86
87	87	(11) Digitized signature;
88	88
89	89	(12) Application in electronic form (e.g., TIFF, JPEG, PDF, or other electronic format copy of the original application); and
90	90
91	91	(13) Other information specified by the chief election officer.
92	92
93	93	(f) Databases maintained or operated by the department of transportation or the counties that contain driver's license and civil identification card information, including any documents or images, shall be electronically accessible by election officials and the statewide voter registration system to allow for:
94	94
95	95	(1) Timely processing of voter registration applications;
96	96
97	97	(2) Verification of information provided by online voter registration applicants under section 11-15.3;
98	98
99	99	(3) Assurance of the integrity of the voter registration rolls; or
100	100
101	101	(4) For any other election purpose."
102	102
103	103	SECTION 2. Section 286-109, Hawaii Revised Statutes, is amended to read as follows:
104	104
105	105	"§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:
106	106
107	107	(1) The person's full legal name, date of birth, gender designation, residence address, and license number;
108	108
109	109	(2) The category or categories of motor vehicles the applicant may operate;
110	110
111	111	(3) Any restrictive provisions to which the license is subject;
112	112
113	113	(4) 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
114	114
115	115	(5) 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 indicates the date on which the person will attain the age of twenty-one years.
116	116
117	117	As used in this subsection:
118	118
119	119	"Gender designation" includes the options of F, M, or X.
120	120
121	121	"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.
122	122
123	123	(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.
124	124
125	125	(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 this subsection shall not apply to outstanding and delinquent payments pursuant to chapter 291D; provided further 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:
126	126
127	127	(1) The applicant is gainfully employed in a position that requires driving and will be discharged if the applicant is unable to drive; or
128	128
129	129	(2) The applicant has no access to alternative transportation and therefore must drive to work;
130	130
131	131	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.
132	132
133	133	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.
134	134
135	135	(d) An application for a driver's license shall include the information required under section 11- ."
136	136
137	137	SECTION 3. Section 286-301, Hawaii Revised Statutes, is amended to read as follows:
138	138
139	139	"[[]§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.
140	140
141	141	(b) The examiner of drivers, upon receipt of [the] an 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] an appropriate fee established pursuant to section 286-309.
142	142
143	143	(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.
144	144
145	145	(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] an identification card as valid identification, which shall be left entirely to the discretion of any individual to whom [such] an identification card is presented.
146	146
147	147	(e) An application for an identification card from the examiner of drivers shall include the information required under section 11- ."
148	148
149	149	SECTION 4. Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
150	150
151	151	"(a) [All] Except for the purposes of sections 11- , 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] any 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] that 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."
152	152
153	153	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
154	154
155	155	SECTION 6. This Act shall take effect on January 1, 2022.
156	156
157	157
158	158
159	159	INTRODUCED BY: _____________________________
160	160	By Request
161	161
162	162	INTRODUCED BY:
163	163
164	164	_____________________________
165	165
166	166
167	167
168	168	By Request
169	169
170	170	Report Title: Office of Elections Package; DOT; Automatic Voter Registration; Driver's Licenses; Civil Identification Cards Description: Establishes automatic voter registration upon application for a driver's license or civil identification card, except when an applicant affirmatively declines on an application to register to vote. Requires the examiner of drivers to electronically transmit to the Office of Elections certain information associated with currently registered and newly registered voters. Requires accessibility of certain databases maintained or operated by the Department of Transportation or the counties. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
171	171
172	172
173	173
174	174
175	175
176	176	Report Title:
177	177
178	178	Office of Elections Package; DOT; Automatic Voter Registration; Driver's Licenses; Civil Identification Cards
179	179
180	180
181	181
182	182	Description:
183	183
184	184	Establishes automatic voter registration upon application for a driver's license or civil identification card, except when an applicant affirmatively declines on an application to register to vote. Requires the examiner of drivers to electronically transmit to the Office of Elections certain information associated with currently registered and newly registered voters. Requires accessibility of certain databases maintained or operated by the Department of Transportation or the counties.
185	185
186	186
187	187
188	188
189	189
190	190
191	191
192	192	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.