Bill Text: HI HB1788 | 2018 | Regular Session | Introduced

Hawaii House Bill 1788 (Prior Session Legislation)

Introduced

Bill Title: Relating To Identification Cards For Persons With Disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-09 - The committee(s) on TRN recommend(s) that the measure be deferred. [HB1788 Detail]

Download: Hawaii-2018-HB1788-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1788
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to identification cards for persons with disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that persons with disabilities want to be able to indicate their disability on their identification cards, such as the State of Hawaii identification card, driver's license, or an identification card for persons with disabilities.

Because not all disabilities are outwardly visible, the disclosure of a disability on a driver's license or identification card can assist first responders in determining the best way to treat, assist, or communicate with persons with disabilities.

Furthermore, a license or identification card clearly indicating a person's disability would allow the person access to certain services such as special seating on public transit or at public events. The "disabled" notation on the card indicates that a person has a disability and does not take the place of existing public service qualification procedures.

To mitigate potential abuse, medical documentation is required to support a person's request for indication of a disability on that person's identification card.

The purpose of this Act is to allow persons to include information about their disability on their driver's license, state identification card, or identification card for persons with disabilities.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended as follows:

1. By adding a new section to part VI to be appropriately designated and to read:

"§286- Driver's license for persons with disabilities. Persons with disabilities may opt to identify their disability on their driver's license upon receipt of the required documentation from the person requesting its inclusion. The driver's license shall display the "disabled" notation on a location designated by the department of transportation."

2. By adding a new section to part XVI to be appropriately designated and to read:

"§286- Identification card for persons with disabilities. (a) The department of transportation shall issue identification cards to persons with disabilities pursuant to section 286-305.

(b) The identification card for persons with disabilities shall include characteristics and content pursuant to section 286-305. On the reverse side of the identification card shall be a space within which the department shall enter the disability information that the applicant may request.

(c) The department may include a notation of disability status, if desired by the applicant, on the front and may print the disability information on the reverse on any driver's license or identification card issued pursuant to this chapter upon receipt of the required documentation from the person requesting its inclusion.

(d) Temporary disabilities. An identification card for persons with a temporary disability shall be issued upon presentation of a sworn affidavit of at least one medical doctor attesting to the disability and estimating the duration of the disability. Identification cards indicating temporary disabilities shall be issued for periods of one year, and a current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request thereafter."

SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Disability" means any physical, mental, or neurological impairment that severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.

"Person with disabilities" means any person with a permanent or temporary disability."

SECTION 4. Section 286-305, Hawaii Revised Statutes, is amended to read as follows:

"§286-305 Contents and characteristics; form. (a) Each identification card issued by the examiner of drivers shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:

"STATE OF HAWAII IDENTIFICATION CARD"

(b) The examiner of drivers, after obtaining the fingerprint of the applicant as provided in this part and after obtaining the information required by or pursuant to this part, shall issue to each applicant an identification card in a form and with identifying information that the director deems necessary and appropriate, including a notation of veteran status, if desired by the applicant, on the front of the card where applicable; provided that such notation shall not include any designation other than the term "veteran". As used in this subsection, "veteran" means any person who served in any of the uniformed services of the United States and was discharged under conditions other than dishonorable.

(d) The identification card shall be designed to prevent its reproduction or alteration without ready detection.

(e) The identification card for individuals under twenty-one years of age shall have characteristics prescribed by the examiner distinguishing it from that issued to a individual who is twenty-one years of age or older.

(f) Persons with disabilities may opt to identify their disability on their identification card upon receipt of the required documentation from the person requesting its inclusion. The identification card shall display a notification of disability status, if desired by the applicant, on the front of the card where applicable; except that the notation shall not include any designation other than the term "disabled.""

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 2, 2019.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Hawaii State Association of Counties Package; Identification Cards; Persons with Disabilities

Description:

Allows identification cards to indicate a person's disability, to allow the person access to certain eligible public services and help identify the disability to public safety personnel in case of an emergency. Effective 1/2/2019.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.