NOTICE OF PUBLIC HEARINGS

Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the State of Hawaii, Department of Transportation (DOT) Highways Division, will hold a public hearing relating to proposed Hawaii Administrative Rules, Chapter 19-149, entitled "State Civil Identification." The proposed rules are intended to provide guidance to ensure proper implementation of changes to the law.
The significant proposed amendments to 19-149 include:

§19-149-23: States the purpose of this section.
§19-149-23 Limited purpose state civil identification card. (a)Any person who submits an application for a state civil identification card, but is unable or unwilling to provide satisfactory proof of authorized presence in the United States under federal law, shall be issued a limited purpose state civil identification card that is uniquely identified as being not in compliance with the REAL ID Act of 2005.
(b) The examiner of drivers shall require each applicant for a limited purpose state civil identification card to present supporting documentation at the time of application for the purpose of establishing the applicant’s identity and residency in the State.
(1) Identity Documentation. An applicant for a non-compliant federal REAL ID limited purpose state civil identification card shall present at least one of the source documents listed in subparagraphs (A) through (M) to establish identity:
(A) A valid, unexpired consular identification document issued by a consulate from the applicant’s country of citizenship or a valid, unexpired passport from the applicant’s country of citizenship;
(B) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal;
(C) An official school or college transcript that includes the applicant’s date of birth or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued;
(D) An official school or college identification card that includes the applicant’s full name and a photograph of the applicant at the time the identification was issued;
(E) A United States Department of Homeland Security Form I—20 or United States Department of State Form DS— 2019;
(F) A United States Citizenship and Immigration Services Deferred Action for Childhood Arrival approval letter;
(G) A valid identification card for health benefits;
(H) A valid identification card for an assistance or social services program;
(I) A current voter registration card issued by the State;
(J) A wage stub issued in the six months immediately preceding submittal of the applicable application;
(K) An income tax return filed in the two years immediately preceding submittal of the applicable application;
(L) One of the following documents which, if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English:
i. Marriage license or divorce certificate;
ii. Foreign federal electoral photo card issued on or after January l, 1991;
iii. Foreign student identification card; or
iv. Foreign driver’s license;
(M) Other proof of Hawaii residency as designated by the examiner of drivers.
(2) Residency Documentation. An applicant for a non-compliant federal REAL ID limited purpose state civil identification card shall present any two of the documents listed in subparagraphs (N) through (S) to establish Hawaii residency, however homeless or incarcerated applicants need only provide the document listed in subparagraph (R) to establish Hawaii residency:
(N) A current home utility bill, lease, or rental agreement, or deed or title to real property in the State, as designated by the examiner of drivers;
(O) A valid identification card for health benefits;
(P) A current voter registration card issued by the State;
(Q) A Hawaii income tax return or W-2 form filed in the two years immediately preceding submittal of the applicable application;
(R) A prison identification, certificate of discharge, or order of parole issued by the department of public safety, or a printout prepared by the department of public safety with the applicant’s photograph, name, and date of birth; or
(S) Other proof of Hawaii residency as designated by the examiner of drivers.
(c) Except as otherwise provided in this subsection, every application under this section shall be made upon the form, and in the manner, required by section 286—303 and be accompanied by the fee established for non—limited purpose state civil identification cards pursuant to section 286-309. The examiner of drivers shall not:
(1) Require any applicant under this section to furnish information regarding the applicant’s date of birth;
(2) Require any applicant under this section to provide satisfactory proof of authorized presence in the United States under federal law;
(3) Require any applicant under this section to furnish information regarding the applicant’s eligibility or ineligibility for a social security number; or
(4) Disclose the identity of any applicant who does not provide a social security card or social security number.
(d) Every limited purpose state civil identification card issued pursuant to this section shall on its face and in a machine readable zone bear the phrase, "Not acceptable for official federal purposes"; be of a unique design or color indication that clearly distinguishes the limited purpose state civil identification card from the State’s federally compliant identification cards and on its reverse bear the phrase, "This identification card is issued only for state identification purposes. It does not establish eligibility for employment, voter registration, or public benefits". If the United States Department of Homeland Security determines that any limited purpose state civil identification card issued pursuant to this section does not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, the examiner of drivers, under the direction of the department of transportation, shall modify the limited purpose state civil identification card issued pursuant to this section; provided that the limited purpose state civil identification card shall only be modified to the extent necessary to satisfy the requirements of the federal law.
(e) Every limited purpose state civil identification card shall be valid for a period of one year from the date of issuance.
(f) A limited purpose identification card may be renewed in accordance with section 286—306.
(g) It shall be a violation of law to discriminate against a person because the person applied for, was denied, was issued, holds, or presents a limited purpose state civil identification card.
(h) A limited purpose state civil identification card issued pursuant to this section shall not be used to consider a person’s citizenship or immigration status as a basis for a criminal investigation, arrest, or detention.
(i) Documents and information collected pursuant to an application for, denial of, or issuance of a limited purpose state civil identification card shall be confidential and shall not be disclosed by the examiner of drivers or the department of transportation except as required by law.
(j) A person in possession of a REAL ID document shall be ineligible for a limited purpose identification card.
(k) The examiner of drivers may issue a temporary limited purpose state civil identification card which shall:
(1) Be clearly marked on the face of the paper card with the expiration date printed in red;
(2) Be printed on paper format with security features as determined by the examiners of drivers of the four counties and shall be consistent statewide; and
(3) Be valid for a period of no greater than sixty days.