Bill Text: HI HB2770 | 2010 | Regular Session | Introduced
Bill Title: Civil Identification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-27 - (H) Referred to TRN, JUD, FIN, referral sheet 8 [HB2770 Detail]
Download: Hawaii-2010-HB2770-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2770 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to civil identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
“Chapter
CIVIL IDENTIFICATION
§ -1 Definitions. As used in this chapter, "examiner of drivers" or "examiner" means the examiner of drivers of each political subdivision of the State.
§ -2 Authority of the examiner of drivers. The examiner of drivers shall carry out this part.
§ -3 Oaths and statements. The examiner of drivers and each of the examiner's authorized subordinates may administer oaths and require and take the oral or written statements under oath of any person in connection with any information validly required by the examiner or the examiner's subordinates under this chapter.
§ -4 Rules. For the purpose of carrying out this part the examiner, subject to chapter 91, shall prescribe rules having the force and effect of law, including rules assessing reasonable fees for the services provided under this part. The rules shall provide for a waiver of any fee in cases of extreme hardship. Until rules establishing the fees are adopted, the fee for each service provided under this part shall be $15, which fee may be waived in cases of extreme hardship and which shall be reduced to $10 for any person who is sixty-five years old or older.
§ -5 Powers and functions. The examiner of drivers shall register and issue certificates of identification to all persons in the state applying for the certificates in accordance with the requirements of this chapter.
§ -6 Registration and issuance of certificates; fee; revolving fund. (a) Every person residing or present in the state may be registered, and have issued to the person a certificate of identification, under this chapter.
(b) Application for the registration shall be made in person by any adult person or minor over the age of fourteen years. 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 of the minor, or by another person in loco parentis of such minor who can provide proof of guardianship. In the case of an incompetent person, the application shall be made by the person having the custody or control of or maintaining the incompetent person.
(c) Application for renewal of a certificate of identification issued after November 1, 1998, for a person sixty-five years old or older may be done by mailing in a completed application and fee, if there is no change in name and citizenship. The examiner of drivers shall adopt rules to allow for renewal by mail for persons with physical or mental disabilities for whom application in person presents a serious burden.
(d) There is established in the state treasury a revolving fund to be known as the state identification revolving fund. The fund shall consist of all fees assessed for the processing and issuance of certificates of identification under this part. The fund shall be administered by the director of finance for the purposes of this chapter.
(e) The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury. Interest and investment earnings credited to the assets of the fund shall become a part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.
§ -7 Information to be secured. (a) The examiner of drivers shall require, collect, secure, make, and maintain a record of the following items of information with respect to each applicant for registration:
(1) The name of the person applying to be registered (hereinafter called the "registrant" or "applicant"), the street and number or address of the applicant's place of permanent residence, and the applicant's residence and business telephone numbers, if any;
(2) The applicant's occupation and any pertinent data relating thereto;
(3) The applicant's racial extraction;
(4) The applicant's citizenship;
(5) The date and place of the applicant's birth;
(6) The applicant's personal description, including sex, height, weight, hair, eyes, complexion, build, scars, and marks;
(7) The applicant's right and left index fingerprints or, if the applicant has no right index finger or left index finger, other identifying imprint as specified by rules of the examiner of drivers; provided that this requirement shall not apply to minors until they reach the age of three years;
(8) The name, relationship, and address of the nearest relative or other person to be notified in case of sickness, accident, death, emergency, or need of the applicant, if such notification is desired;
(9) The social security number of the applicant; and
(10) A frontal photograph of the applicant's full face.
(b) The examiner of drivers, at the time of application, shall ask whether the applicant has an advance health-care directive. The examiner shall issue or renew an identification certificate bearing the designation, "advance health-care directive", a symbol, or abbreviation thereof, for each applicant who has so indicated. "Advance health-care directive" means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions.
§ -8 Procedure. (a) All information required by section -6 shall be secured by the examiner of drivers or the subordinates of the examiner, as provided for by rules of each examiner, and by personal interviews with the applicant for registration or responsible members of the same household. Every applicant and other person giving information on behalf of any applicant under this chapter shall answer truthfully all questions, furnish all information within the possession or knowledge of the person which may be asked or requested by the employee within the scope of the requirements of this chapter, and submit to the examiner all information and supporting documentation required by rules of the examiner.
(b) Special provisions may be made by rules of the examiner of drivers:
(1) For the registration of inmates residing at or in hospitals, correctional facilities, and other institutions; and
(2) For the registration of other persons, whenever special treatment is required so as to minimize hardship or inconvenience attendant upon the registration contemplated by this part.
(c) The examiner of drivers may require an applicant, or any person giving information on behalf of an applicant, to furnish original or certified copies of documents to establish or corroborate the information required to establish identity under this chapter and may, by rules, set forth what documents will be required to support or corroborate certain information.
§ -9 Identification certificates; form. The examiner of drivers, after taking the fingerprints of each registrant as provided in this chapter (except as otherwise provided in the case of children under three years of age), and after securing the information required by or pursuant to this chapter, shall issue to each registrant a certificate of identification in such form, and with such information, as the examiner deems necessary and practicable.
§ -10 Expiration date. Every certificate of identification issued under this chapter, whether an original or a renewal, shall bear an expiration date that shall be on the person's birthday six years after the year of issuance, except that every certificate issued on or after July 1, 2009, shall bear an expiration date that shall be on the person's birthday eight years after the date of issuance and except further that if the person is a legal nonimmigrant, the certificate shall bear an expiration date that is the same as the expiration date on the person's United States Citizenship and Immigration Services departure card (I-94).
§ -11 Identification certificates not to be altered; duties of holder; lost certificates. No person, except agents of the examiner of drivers acting pursuant to the authority of law, shall alter, deface, or destroy any certificate of identification. Except as specifically authorized by this section or the rules of the examiner, no registrant shall loan or give the registrant's certificate of identification to any other person, and no person shall use the certificate of identification of any other person. Any registrant whose certificate of identification is stolen or otherwise lost, or altered, defaced, or destroyed, may at any time apply for a duplicate certificate of identification in such manner as the examiner may require, which duplicate shall be issued by the examiner upon being satisfied as to such loss, alteration, defacing, or destruction. In the case of an altered or defaced certificate of identification, the certificate, if available, shall be surrendered by the registrant and canceled by the examiner. Any person finding or coming into possession of the certificate of identification of any other person shall promptly return or deliver the same to the owner thereof or to the nearest office of the examiner who issued the certificate.
§ -12 Correction or alteration of records and certificates in cases of error or subsequent changes concerning names, citizenship, description, etc. (a) If, after registration, the name of any registrant is legally changed by marriage, divorce, adoption, legitimation, order of the lieutenant governor, or other legal means, or if there is a change in the registrant's citizenship, the registrant or other person in charge of the registrant (in the case of a minor or incompetent person), within thirty days after the change of name or citizenship, shall report the change and present the registrant's certificate of identification to the examiner of drivers who issued the certificate. The examiner, upon being satisfied as to the change and receiving payment of the fee, shall cancel the certificate and issue a new certificate bearing the new name or citizenship of the registrant, making appropriate notation of the facts upon the records of the examiner.
(b) If any error has been made in any item of information contained in the records of the examiner of drivers or the certificate of identification concerning any registrant, the examiner, of the examiner's own motion, or upon application by the registrant, and upon receipt of satisfactory evidence that an error has been committed, with the approval of the examiner or the examiner's specially authorized representatives, may correct the error and, in such case, shall make appropriate changes or notations stating the error and the correct information upon the records of the examiner and the certificate of identification.
(c) In case any item of personal information originally correct with respect to any registrant shall change after registration, the change, if material, may be registered by the examiner and the records and certificate of identification may be altered to conform thereto, upon receipt by the examiner of satisfactory evidence as to the change and the approval of the examiner or the examiner's specially authorized representative.
§ -13 Forms. The examiner of drivers may prepare, prescribe, and furnish, in conformity with this chapter, forms for questionnaires, notices, fingerprint cards or forms, certificates of identification, instructions, and all other forms necessary or proper for the prompt, efficient, and adequate execution of the functions of the examiner set forth in this chapter.
§ -14 Custody and use of records; information confidential. (a) All information and records acquired by the examiner of drivers under this chapter 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 persons authorized by the examiner, under such restrictions as the examiner shall prescribe. The examiner may dispose of any application or certificate of registration, or information or record relating to such application or certificate of registration, which does not include a social security number, without regard to the provisions of chapter 94, whenever, in the examiner's discretion, retention of such information or record is no longer required or practicable.
(b) Neither the examiner of drivers nor any subordinate of the examiner shall divulge any information concerning any registrant acquired from the records of the examiner or acquired in the performance of the examiner's or any of the examiner's subordinate's duties under this chapter to any person not authorized to receive the same pursuant to this chapter or pursuant to the orders of the examiner made under subsection (a). No person acquiring from the records any information concerning any registrant shall divulge the information to any person not so authorized to receive the same.
§ -15 Violations; penalties. Any person who:
(1) Knowingly furnishes any false or untruthful information or answer validly required under this chapter;
(2) Violates or, without adequate excuse, fails to comply with any requirement of this chapter or of any rule issued pursuant thereto, which is legally applicable to the person, and for which no other penalty is specifically prescribed by this chapter; or
(3) Without adequate excuse, fails to perform any act lawfully required to be performed by the person pursuant to this chapter or such rules,
shall be fined not more than $500, or imprisoned not more than six months, or both.
§ -16 Disposition of income. (a) All moneys received by the examiner of drivers under this chapter shall be deposited with the director of finance to the credit of the state identification revolving fund.
(b) The moneys deposited into the state identification revolving fund shall be transferred to the examiner of each political subdivision of the State based on:
(1) The fee charged by each examiner for a certificate of identification; and
(2) The number of certificates of identification issued by each examiner."
SECTION 2. Chapter 846, part II, Hawaii Revised Statutes, is repealed.
SECTION 3. This Act shall take effect on January 1, 2012.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Civil Identification
Description:
Allows the examiner of drivers of each county to issue identification cards on behalf of the State.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
