Bill Text: HI HB34 | 2017 | Regular Session | Introduced
Bill Title: Relating To Nonresidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-06 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB34 Detail]
Download: Hawaii-2017-HB34-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
34 |
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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 nonresidents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . KAMAAINA CARDS
§286-A Issuance of kamaaina card. (a) To obtain a kamaaina card from the examiner of drivers, an individual shall complete an application pursuant to section 286-C.
(b) The examiner of drivers, upon receipt of the application by any individual who is a nonresident of this State, shall issue a kamaaina card to that individual upon receipt of any appropriate fee established pursuant to section 286-I.
(c) The kamaaina 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 a kamaaina card pursuant to this section shall not place upon the State of Hawaii or any state or county agency any liability for the misuse or the acceptance of the kamaaina card as valid identification, which shall be left entirely to the discretion of any individual to whom the card is presented.
(e) A kamaaina card shall not be a valid REAL ID or a valid identification card.
(f) Any individual who has been issued a kamaaina card and later becomes a resident of the State shall immediately surrender the kamaaina card to the examiner of drivers.
§286-B Oaths and investigations. The examiner of drivers and each authorized subordinate may administer oaths and require and take oral or written statements under oath of any individual in connection with any information required under this part or any rule under part VI and this part.
§286-C Application for kamaaina card. (a) Application for the kamaaina card shall be made in person by any adult or minor. The minimum age for minors to obtain a kamaaina card shall be ten years of age. 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, or by another individual in loco parentis of the minor who can provide proof of guardianship. In the case of an incompetent individual, the application shall be made by the individual having the custody or control of or maintaining the incompetent individual.
(b) Every application for a kamaaina card or duplicate of a kamaaina card shall be made on a form developed by the director and furnished by the examiner of drivers, signed by the applicant, and signed by the applicant's parent or guardian if the applicant is under eighteen years of age. The application shall contain the following information:
(1) Name and complete address, including the number and street name, of the applicant's permanent residence;
(2) The applicant's occupation and any pertinent data relating thereto;
(3) The applicant's citizenship status;
(4) The applicant's veteran status if applicable and desired by the applicant;
(5) The applicant's date and place of birth;
(6) General description of the applicant, including the applicant's gender, height, weight, hair color, and eye color;
(7) The applicant's left and right index fingerprints or, if clear impressions cannot be obtained, other identifying imprints as specified by rules of the director;
(8) The social security number of the applicant; and
(9) A digitized frontal photograph of the applicant's full face.
(c) Each applicant shall present:
(1) The original or certified copy of a birth certificate demonstrating that the applicant was born in the State of Hawaii; and
(2) Other documentary evidence as required by the examiner of drivers of the applicant's age and identity, including proof of name change if the applicant's current name is different from that on the applicant's birth certificate,
and the applicant shall swear or affirm that all information given is true and correct.
(d) The examiner of drivers shall maintain a suitable, indexed record of all applications.
§286-D Procedure. (a) All information required by section 286-C shall be obtained by employees of the examiner of drivers as provided for by rules adopted pursuant to section 286-I and by individual interviews with the applicant for the kamaaina card or parent, individual in loco parentis, or guardian, as shown by letters of guardianship. Every applicant or individual providing information on behalf of any applicant under part VI and this part shall answer truthfully all questions, furnish all information within the possession or knowledge of the individual that may be asked or required by the employee within the scope of the requirements of this part, and submit to the examiner of drivers all information and supporting documentation required by rules of the director.
(b) Special provisions may be made by rules adopted by the director.
(c) The examiner of drivers may require an applicant, or any individual providing 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 part and may, by rules, set forth what documents will be required to support or corroborate certain information.
§286-E Contents and characteristics; form. (a) Each kamaaina card issued by the examiner of drivers shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:
"KAMAAINA CARD, NOT A VALID REAL ID, NOT A VALID GOVERNMENT IDENTIFICATION"
(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 a kamaaina card in a form and with identifying information that the director deems necessary and appropriate.
(c) The kamaaina card shall not display the cardholder's social security number.
(d) The kamaaina card shall be designed to prevent its reproduction or alteration without ready detection.
§286-F Expiration; renewal; replacement. (a) Every kamaaina 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 ten years after the year of issuance. A cardholder may renew the cardholder's kamaaina card within two years before the day on which it expires by filing an application as prescribed by the director and paying the fee established by rules of the director.
(b) If a kamaaina card is lost, destroyed, stolen, or mutilated, the individual to whom the kamaaina 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 of drivers; and
(2) Filing an application and presenting documentary evidence pursuant to section 286-C.
Any individual who loses a kamaaina card and, after obtaining a duplicate, finds the original, shall immediately surrender the original to the examiner of drivers.
(c) The examiner of drivers shall cancel any kamaaina card upon determining that the kamaaina card was obtained unlawfully, issued in error, or altered.
§286-G Kamaaina cards not to be altered; duties of holder; lost certificates. (a) No individual, except agents of the examiner of drivers acting pursuant to the authority of law, shall alter, deface, or destroy any kamaaina card. Except as specifically authorized by this section or the rules of the director, no cardholder shall loan or give the individual's kamaaina card to any other individual, and no individual shall use the kamaaina card of any other individual.
(b) Any individual whose kamaaina card is stolen or otherwise lost, altered, defaced, or destroyed, may at any time apply for a duplicate kamaaina card. The duplicate shall be issued by the examiner of drivers upon being satisfied as to the loss, alteration, defacing, or destruction. In the case of an altered or defaced kamaaina card, the kamaaina card, if available, shall be surrendered by the cardholder and canceled by the examiner of drivers.
(c) Any individual finding or coming into possession of the kamaaina card of any other individual shall promptly return or deliver the card to the owner thereof, the examiner of drivers that issued it, or any law enforcement officer.
§286-H Correction or alteration of records and kamaaina cards in cases of error or subsequent changes concerning names, citizenship, description, etc. (a) A cardholder who, after receiving a kamaaina card, has a change in one or more of the following:
(1) Name, legally changed by marriage, divorce, adoption, legitimization, order of the lieutenant governor, or other legal means;
(2) Citizenship status;
(3) Address; or
(4) Individual in charge of the cardholder (in the case of a minor or incompetent individual),
within thirty days after the change, shall report the change, submit supporting documents, and present the cardholder's kamaaina card to the examiner. The examiner of drivers, upon being furnished with satisfactory proof as to the change, and receiving payment of the fee, shall cancel the kamaaina card and issue a new kamaaina card bearing the new name, citizenship status, or address of the cardholder, making appropriate notation of the facts upon the records of the examiner of drivers.
(b) If any error has been made in any item of information contained in the records of the examiner of drivers or on the kamaaina card concerning any cardholder, the examiner of drivers or the cardholder, upon application and upon provision of evidence satisfactory to the examiner that an error has been committed, may correct the error and, in such case, shall make appropriate changes or notations stating the error and the correct information in the records of the examiner of drivers and on the kamaaina card.
(c) If any item of the cardholder's personal information was originally correct, but will change after issuance of the kamaaina card and the examiner of drivers finds the change material, the examiner of drivers may register the change and alter the records and kamaaina card to conform thereto, upon receipt of satisfactory evidence of the change and approval of the examiner of drivers.
§286-I Rules. For the purpose of carrying out this part, the director shall adopt rules pursuant to chapter 91, including rules assessing reasonable fees for the services provided under this part.
§286-J Forms. The director may prepare, prescribe, and furnish, in conformity with this part, 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 of drivers set forth in this part.
§286-K Custody and use of records; confidential information. (a) All 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 of drivers. The information shall be available only to authorized individuals under any restrictions as the director shall prescribe. The examiner of drivers may dispose of any application or kamaaina card, or information or record relating to the application or kamaaina 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.
(b) No officer or employee of the examiner of drivers shall divulge any information concerning any cardholder acquired from the records of the examiner of drivers or acquired in the performance of any of the officer's or employee's duties under part VI and this part to any individual not authorized to receive the same pursuant to part VI and this part. No individual acquiring from the records any information concerning any cardholder shall divulge the information to any individual not so authorized to receive the same.
§286-L Kamaaina card fee special fund. There is established in the state treasury a special fund to be known as the kamaaina card fee special fund. The fund shall consist of all fees assessed for the processing and issuance of kamaaina cards. The fund shall be used for the purposes of the kamaaina card program. The fund shall be administered by the director. 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 over to the next fiscal year.
§286-M Reimbursement to counties. The counties shall be reimbursed the incremental costs incurred in the administration of this part. The amount of reimbursement shall be determined by the director."
SECTION 2. 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 3. This Act shall take effect on July 1, 2018.
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INTRODUCED BY: |
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Report Title:
Kamaaina Card; Nonresident Identification
Description:
Establishes the kamaaina card program for nonresident individuals born in Hawaii.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
