Text of HI SB 568 (2020)

THE SENATE S.B. NO. 568 THIRTIETH LEGISLATURE, 2019 STATE OF HAWAII A BILL FOR AN ACT relating to driver's licenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that Hawaii has the highest percentage of transgender-identifying individuals in the United States, and that overall they experience high levels of discrimination in every area of life. Hawaii has been at the forefront of policies offering protection to transgender people, and should continue to take proactive measures. The legislature further finds that a University of Hawaii report found that gender-stereotypical policies and norms continue to stigmatize and exclude transgender people in the state. According to the state department of health's 2018 sexual and gender minority health report, the stigmatized minority status of transgender individuals is causing negative and disproportionate health outcomes, economic opportunities, and sociopolitical power. The legislature additionally finds that currently, the limited purpose driver’s license is sex-marked. The legislature finds that sex markers on identity documents enable sex-identity and gender-identity discrimination and are not rationally related to a legitimate policy goal. Mandatory binary classification does not accommodate the wide range of natural biological variations or gender expressions. Additionally, it is overly burdensome for transgender individuals to obtain a new sex or gender on a driver’s license. The existing statute provides institutional cover for administrative agents to express transgender animus. The purpose of this Act is to allow transgender and gender-nonconforming individuals to avoid invasive questioning and discriminatory treatment by removing gender or sex markers from limited purpose driver's licenses and limited purpose provisional driver's licenses. SECTION 2. Section 286-104.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§286-104.5[]] Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits. (a) Notwithstanding section 286‑104(7) to the contrary, every person who submits an application for a driver's license, provisional driver's license, or instruction permit that satisfies the requirements of this chapter except for the applicant's inability or refusal to provide satisfactory proof of authorized presence in the United States under federal law shall be issued a limited purpose driver's license, a limited purpose provisional driver's license, or a limited purpose instruction permit that is uniquely identified in compliance with the REAL ID Act of 2005 upon satisfactory proof to the examiner of drivers of the applicant's identity and residency in the State. The examiner of drivers shall accept various types of documentation for the purpose of establishing the applicant's identity and residency in the State, which may be established by more than one document. Acceptable documentation includes: (1) 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; (2) An original birth certificate or other proof of age, as designated by the examiner of drivers; (3) 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; (4) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal; (5) 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; (6) 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; (7) A United States Department of Homeland Security Form I-20 or Form DS-2019; (8) A United States Customs and Immigration Services Deferred Action for Childhood Arrival Approval Letter; (9) A valid identification card for health benefits; (10) A valid identification card for an assistance or social services program; (11) A current voter registration card issued by the State; (12) A wage stub issued in the last six months; (13) An income tax return filed in the last two years; (14) A social security card; (15) 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: (A) Marriage license or divorce certificate; (B) Foreign federal electoral photo card issued on or after January 1, 1991; (C) Foreign student identification card; or (D) Foreign driver's license; or (16) Other proof of Hawaii residency as designated by the director. (b) 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 286-111 and shall be accompanied by the fee established for non-limited purpose licenses or permits pursuant to section 286-111. The examiner of drivers shall not require any applicant under this section to furnish information regarding the applicant's eligibility or ineligibility for a social security number. The examiner shall not disclose the identity of any applicant who does not provide a social security card or social security number. (c) Every limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit issued pursuant to this section shall on its face and machine readable zone bear the phrase, "Not acceptable for official federal purposes", and on its reverse bear the phrase, "This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits", and be of a unique design or color indication that clearly distinguishes them from the State's compliant driver's licenses, provisional driver's licenses, and instruction permits. If the United States Department of Homeland Security determines that limited purpose licenses or permits issued pursuant to this section do not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, adopted pursuant to section 202 of the REAL ID Act of 2005, Public Law 109-13, the examiner of drivers, under the direction of the department, shall modify the limited purpose licenses and permits issued pursuant to this section only to the extent necessary to satisfy the requirements of the federal law. (d) Every limited purpose driver's license and limited purpose provisional driver's license shall expire in accordance with section 286-106, and every limited purpose instruction permit shall expire in accordance with section 286-110. (e) A limited purpose driver's license or limited purpose provisional driver's license may be renewed in accordance with section 286-107 and reactivated in accordance with section 286‑107.5. A limited purpose instruction permit may be renewed in accordance with section 286-110. (f) 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 driver's license, limited purpose provisional driver's license, or limited purpose instruction permit. (g) A limited purpose license or limited purpose instruction permit 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. (h) Documents and information collected pursuant to an application for, denial of, or issuance of a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be confidential and shall not be disclosed by the examiner of drivers or the department except as required by law. (i) The director shall adopt rules in accordance with chapter 91 to implement this section. (j) No limited purpose driver's license or limited purpose provisional driver's license issued pursuant to this section shall bear any gender or sex marker." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2019. INTRODUCED BY: _____________________________ Report Title: Limited Purpose Driver's Licenses; Provisional; Gender; Sex Description: Excludes gender or sex markers from limited purpose driver's licenses and limited purpose provisional driver's licenses. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.