SB2305

THE SENATE	S.B. NO.	2305
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to identification.

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

SECTION 1. The legislature finds that people with nonapparent disabilities, such as autism, spectrum disorder, cognitive impairments, and other neurological or developmental conditions may appear to be high functioning but may not react appropriately in interactions with law enforcement. A routine traffic stop or emergency could escalate if the first responder is not aware of a hidden disability. These circumstances may lead to misunderstandings or escalation that could otherwise be avoided if the presence of a disability were known.

The legislature further finds that other states have taken steps to allow a special notation on an identification card to voluntarily indicate the existence of a nonapparent disability to promote safer and more informed interactions. The legislature believes that allowing individuals to voluntarily indicate the presence of a nonapparent disability on a form of identification can help promote awareness, understanding, and appropriate responses during interactions with law enforcement and first responders.

The purpose of this Act is to promote safer and compassionate communication with a special notion on a driver's license or identification card for people with nonapparent disabilities.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§286- Nonapparent disability; identification. (a) Beginning January 1, 2027, an applicant for an instruction permit, provisional license, driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit, including any renewals, may request a notation on the applicable permit, provisional license, or driver's license that the individual has a nonapparent disability, at no additional cost.

(b) No applicant shall be required to submit proof of the applicant's nonapparent disability.

(c) The examiner of drivers shall not deny an application for a permit or license because the nonapparent disability selected by the applicant does not match that indicated on any other document.

(d) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(e) For purposes of this section, "nonapparent disability" means a disability or health condition that is not immediately obvious or visible, including developmental disabilities or intellectual disabilities."

SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:

"§286- Nonapparent disability; identification. (a) Beginning January 1, 2027, an applicant for a civil identification card, including any renewals, may request a notation on the civil identification card that the individual has a nonapparent disability, at no additional cost.

(b) No applicant shall be required to submit proof of the applicant's nonapparent disability.

(c) The examiner of drivers shall not deny an application for a civil identification card because the nonapparent disability selected by the applicant does not match that indicated on any other document.

(d) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

SECTION 4. The department of transportation shall:

(1) Consult with the disability and communication access board with respect to the design of the nonapparent disability notation;

(2) Establish public outreach efforts to educate the general public on the availability of the nonapparent disability notation; and

(3) Coordinate with the department of law enforcement and each county police department to ensure that annual training for law enforcement officers includes procedures for recognizing and appropriately responding to individuals with nonapparent disabilities notations on their permit, driver's license, or civil identification card.

SECTION 5. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________