HB773

SECTION 1. The legislature finds that biometric identifiers are an efficient and accurate method of identifying individuals. The legislature also finds that many low-income and houseless residents of the State applying for duplicate civil identification cards may lack the necessary documentary evidence to receive the duplicate cards. The legislature therefore believes that that allowing residents to use biometrics as a form of documentary evidence of the resident's identity will benefit all residents of the State, especially low-income and houseless residents.

Accordingly, the purpose of this Act is to support and assist low-income and houseless individuals by authorizing the acceptance, and allowing for each applicant for a civil identification card to consent or dissent to the use, of the applicant's biometric identifiers as documentary evidence of the applicant's identity for purposes of receiving a duplicate civil identification card.

SECTION 2. Section 286-303, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Every application for an identification card or duplicate of an identification 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 designation, 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[.]; and

(10) The applicant's consent or dissent to the use of the applicant's biometric identifiers as documentary evidence of the applicant's identity for purposes of receiving a duplicate civil identification card pursuant to section 286-306.

Each applicant shall present documentary evidence as required by the examiner of drivers of the applicant's age and identity, and the applicant shall swear or affirm that all information given is true and correct; provided that an applicant shall not be required to provide documentation to prove the applicant's gender designation other than the applicant's self-certification of their chosen gender designation; provided further that documentation that may incidentally show an applicant's birth gender may be required if necessary to establish that the applicant is legally entitled to an identification card.

For purposes of this subsection[~~, "gender~~]:

"Biometric identifiers" means data generated by automatic measurements of an individual's biological characteristic. "Biometric identifiers" includes fingerprints and retinal and iris scans.

"Gender designation" shall have the same meaning as in section 286-109(a)."

SECTION 3. Section 286-306, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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[.]; provided that any biometric identifiers, the use of which are consented to pursuant to section 286-303(c)(10), shall be sufficient documentary evidence of the individual's identity for purposes of this paragraph.

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

SECTION 4. The director of transportation shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, authorizing the use of biometric identifiers as a form of documentary evidence of an individual's identity for purposes of receiving a duplicate civil identification cards issued pursuant section 286-306, Hawaii Revised Statutes, including the types of biometric identifiers to be used, restrictions on the use of biometric identifiers as a form of documentary evidence, and methods for retrieving biometric identifiers from an individual.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	773
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII