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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:
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SECTION
1.
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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.
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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.
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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.
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SECTION 2.
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Chapter 286, Hawaii Revised Statutes, is
amended by adding a new section to part VI to be appropriately designated and
to read as follows:
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"
�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.
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(b)
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No applicant shall be required to submit proof of the applicant's
nonapparent disability.
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(c)
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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.
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(d)
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The department of transportation shall adopt
rules pursuant to chapter 91 necessary for the purposes of this section.
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(e)
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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.
"
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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.
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(b)
�
No applicant shall be required to submit proof of the applicant's
nonapparent disability.
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(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.
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(d)
�
The department of transportation shall adopt
rules pursuant to chapter 91 necessary for the purposes of this section.
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(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.
"
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SECTION 4.
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The department of transportation shall:
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(1)
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Consult with the
disability and communication access board with respect to the design of the
nonapparent disability notation;
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(2)
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Establish public
outreach efforts to educate the general public on the availability of the
nonapparent disability notation; and
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(3)
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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.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Driver's
License; Permit; Civil Identification Card; Nonapparent Disability
Description:
Allows
applicants for driver's permit, driver's license, or civil identification cards
to request a nonapparent disability notation on their permit, license, or
identification card.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.