Bill Text: HI SB855 | 2018 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB855 Detail]
Download: Hawaii-2018-SB855-Introduced.html
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THE SENATE |
S.B. NO. |
855 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:
"§11-A Applications for a driver's license or civil identification card. (a) Notwithstanding any law to the contrary, an affidavit on application for voter registration shall be a part of the application associated with the issuance of a civil identification card under section 286-301 and a driver's license under section 286-109.
(b) Applications for a civil identification card or driver's license shall not be processed until the application has:
(1) Been confirmed electronically as a registered voter; or
(2) Applied to register to vote or affirmatively declined to register to vote on the application form.
(c) If an applicant for a civil identification card or driver's license is already 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. A notice to this effect shall be stated on any application or change of address or name form used by the examiner of drivers.
(d) The examiner of drivers and the department of transportation shall indicate in their databases whether a civil identification card or driver's license holder is 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, the following information associated with each applicant who is a United States citizen and has not affirmatively declined to register to vote or who is already a registered voter:
(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) Gender;
(6) Residence address;
(7) Mailing address;
(8) Digitized signature;
(9) Electronic copy of the application;
(10) Whether the applicant is already a registered voter;
(11) Whether the applicant has fully completed the voter registration portion of the application;
(12) Whether the applicant declined 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 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 the timely processing of voter registration applications, facilitate verification of information provided by online voter registration applicants under section 11-15.3, ensure the integrity of the voter registration rolls, or for any other election purposes.
§11-B Registration as a permanent absentee voter. The submission of a voter registration application either to register to vote or to update a voter's registration information shall constitute a request for permanent absentee voter status under section 15-4, unless the applicant specifically indicates the applicant does not wish to be a permanent absentee voter."
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 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 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 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 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 4. Section 286-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [All] Except for the
purposes under sections 11-A, 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 5. Act 167, Session Laws of Hawaii 2016, is amended by amending section 2 to read as follows:
"SECTION 2. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.
The affidavit shall contain the following information:
(1) Name;
(2) The applicant's Hawaii driver's license number or Hawaii state identification card number; provided that:
(A) If no driver's license or identification card has been issued to the applicant, the last four digits of the applicant's social security number; and
(B) If no social security number has been issued to the applicant, an election official or county clerk shall assign the applicant a unique identification number for voter registration purposes and enroll the applicant in the State's computerized voter registration list, if any;
(3) Date of birth;
(4) Residence, including mailing address;
(5) That the residence stated in the affidavit is not simply because of the person's presence in the State, but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein; and
(6) That the person is a citizen.
An application to register to vote shall
include a space to [request a] decline permanent absentee ballot[.]
status."
SECTION 6. In codifying the new sections added by section 1 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval; provided that section 5 shall take effect on January 1, 2018.
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INTRODUCED BY: |
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Report Title:
Voter Registration; Driver's License; Civil Identification Card; Permanent Absentee Voter Status
Description:
Requires an affidavit on an application for voter registration to be included as part of the application for driver's licenses and civil identification cards. Prevents processing of application for driver's licenses or civil identification cards unless a voter affidavit is complete or declined. Provides that the submission of a voter registration application either to register to vote or update the voter's registration information constitutes a request for permanent absentee voter status unless the applicant specifically indicates the applicant does not wish to be a permanent absentee voter.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
