HAR §19-149-21
HAR §19-149-21. Advance health-care directive
Cite as Haw. Code R. § 19-149-21
A
cardholder who has an advance health-care directive
shall have the state civil identification card issued
with a symbol or abbreviation indicating that the
cardholder has an individual instruction in writing, a
living will, or a durable power of attorney for health
care decisions. [Eff 3/23/14; comp SEP 22 2023 ]
(Auth: HRS §§286-303, 286-304) (Imp: HRS §286-303)
§19-149-22 Return of mailed state civil
identification card. (a) The examiner of drivers may
issue, over-the-counter, a USPS returned state
identification card if assured that a USPS delivery
error has occurred or under other unique circumstances
as determined by the examiner of drivers.
(b) If returned mailed state identification card
is due to an address change, the examiner of drivers
may issue, over-the-counter, a USPS returned state
identification card with the incorrect address
provided that appropriate documentary evidence of the
new principal residence address, principal address, or
mailing address is presented and scanned into the
applicant's state civil identification record.
(c) Address changes need not be reflected on the
card (6 CFR §37.3). If the applicant wishes the card
printed with the correct address, a duplicate fee
shall be assessed. If the address changes are due to
a clerical error, a no-charge duplicate shall be
issued. [Eff 3/23/14; comp SEP 22 2023 ] (Auth:
HRS §286-303) (Imp: HRS §286-303)
§19-149-23 Limited purpose state civil
identification card. (a) Any person who submits an
application for a state civil identification card, but
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§19-149-23
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
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§19-149-23
Immigration Services Deferred Action
for Childhood Arrivals 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 that, 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 1,
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 (A)
through (F) to establish Hawaii residency,
however homeless or incarcerated
applicants need only provide the
document listed in subparagraph (E) to
establish Hawaii residency:
(A) 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;
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§19-149-23
(B) A valid identification card for health benefits;
(C) A current voter registration card issued by the State;
(D) A Hawaii income tax return or W-2 form filed in the two years immediately preceding submittal of the applicable application;
(E) 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
(F) 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
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