HOUSE OF REPRESENTATIVES

H.B. NO.

1606

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to civil identification cards.

 

 

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

 


     SECTION 1.  The legislature finds that for many homeless persons, a major challenge to getting off the streets is not having proper identification.  Without it, they may not access social services or assistance that they need, such as employment, shelter, or government benefits.

     The purpose of this Act is to allow homeless persons to replace free of charge their lost, stolen, destroyed, or mutilated civil identification cards.

     SECTION 2.  Section 286-306, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§286-306[]]  Expiration; renewal; replacement.  (a)  Every identification card issued under this part, whether an original or a renewal, shall bear an expiration date that shall be the date and month of the individual's birthday eight years after the year of issuance; provided that if the individual is a legal nonimmigrant, the certificate shall bear an expiration date that is the same as the expiration date on the individual's arrival-departure record, CBP Form I-94.  A cardholder may renew the cardholder's identification card within six months before the day on which it expires by filing an application in accordance with section 286-303 and paying the prescribed fee [[]established[]] by rules of the director.

     (b)  If an identification card is lost, destroyed, stolen, or mutilated, the individual to whom the identification card was issued may obtain a duplicate by paying the fee established by rules of the director and by:

     (1)  Furnishing suitable proof of the loss, destruction, or mutilation to the examiner; and

     (2)  Filing an application and presenting documentary evidence under section 286-303.

Any individual who loses an identification card and, after obtaining a duplicate, finds the original, shall immediately surrender the original to the examiner.

     (c)  The examiner of drivers shall cancel any identification card upon determining that the identification card was obtained unlawfully, issued in error, or altered.  The examiner also shall cancel a REAL ID compliant identification card that is surrendered to the examiner of drivers after the cardholder has obtained a duplicate or replacement REAL ID compliant identification card, or if a REAL ID-compliant driver's license has been previously issued.

     (d)  No agent of the State or its political subdivisions shall condition the granting of any benefit, service, right, or privilege upon the possession by any individual of an identification card.  Nothing in this section shall preclude any publicly operated or franchised transit system from using an identification card for the purpose of granting benefits or services of the system.  No individual shall be required to apply for, carry, or possess an identification card.

     (e)  The fee charged under subsection (b) for a duplicate card shall not apply to a homeless person whose status as a homeless person is verified in writing by:

     (1)  A homeless facility that is authorized to provide shelter to the homeless or to facilitate homeless programs under part XVII of chapter 346;

     (2)  A provider agency that is contracted by the department of human services under part XVII of chapter 346 to provide labor and services to any homeless facility or any other program for the homeless under that part; or

     (3)  An attorney licensed to practice law in this State."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Civil ID Cards; Homeless

 

Description:

Allows homeless persons to replace their lost, stolen, destroyed, or mutilated civil identification cards free of charge.

 

 

 

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