HB 2217: DOT; Driver's License; Permit; Civil Identification Card; Disability Notation

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 certain disabilities, such as autism spectrum disorder, cognitive impairments, and other neurological or developmental conditions, may appear to be high functioning but may not react in expected ways during interactions with law enforcement or first responders.  A routine traffic stop or emergency could escalate if the law enforcement officer or first responder is not aware of a non-apparent 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 adopted measures allowing a voluntary notation on identification cards to indicate the presence of a disability, for purposes of promoting safer and more informed interactions.  The legislature believes that allowing individuals to voluntarily indicate the presence of a 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 by:

     (1)  Allowing an applicant with a disability to request a special notation on a driver's license, permit, or identification card; and

     (2)  Requiring the department of transportation to establish public outreach efforts and coordinate with state and county law enforcement agencies regarding the disability notation.

     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-     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 disability, at no additional cost.

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

     (c)  The examiner of drivers shall not deny an application for a permit or license because the 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)  The department of transportation shall:

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

     (2)  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 disability notations on their permit, provisional license, or driver's license."

     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-     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 disability, at no additional cost.

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

     (c)  The examiner of drivers shall not deny an application for a civil identification card because the 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)  The department of transportation shall:

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

     (2)  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 disability notations on their civil identification card."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

DOT; Driver's License; Permit; Civil Identification Card; Disability Notation

Description:

Allows applicants for driver's permit, driver's license, or civil identification cards to request a disability notation on their permit, license, or identification card.  Requires the Department of Transportation to establish public outreach efforts and coordinate with state and county law enforcement agencies regarding the disability notation.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 certain 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 law enforcement officer or 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 disability to promote safer and more informed interactions.  The legislature believes that allowing individuals to voluntarily indicate the presence of a 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 by:

     (1)  Allowing an applicant with a disability to request a special notation on a driver's license, permit, or identification card; and

     (2)  Require the department of transportation to establish public outreach efforts and coordinate with state and county law enforcement agencies regarding the disability notation.

     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-     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 disability, at no additional cost.

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

     (c)  The examiner of drivers shall not deny an application for a permit or license because the 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 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-     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 disability, at no additional cost.

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

     (c)  The examiner of drivers shall not deny an application for a civil identification card because the 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)  Establish public outreach efforts to educate the general public on the availability of the disability notation; and

     (2)  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 disability 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 on July 1, 3000.

Report Title:

DOT; Driver's License; Permit; Civil Identification Card; Disability Notation

Description:

Allows applicants for driver's permit, driver's license, or civil identification cards to request a disability notation on their permit, license, or identification card.  Requires the Department of Transportation to establish public outreach efforts and coordinate with state and county law enforcement agencies regarding the disability notation.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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.

     (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 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.

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.

STAND. COM. REP. NO.  1170-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2217

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2217, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IDENTIFICATION,"

begs leave to report as follows:

     The purpose of this measure is to promote safer and compassionate communication by:

     (1)  Allowing an applicant with a disability to request a special notation on an instruction permit, provisional license, driver's license, or identification card; and

     (2)  Requiring the Department of Transportation to establish public outreach efforts and coordinate with state and county law enforcement agencies regarding the disability notation.

     Your Committee received testimony in support of this measure from Invisible Disabilities Association and nine individuals.  Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu and Hawaii Disability Rights Center.

     Your Committee finds that individuals with disabilities that are not immediately visible, such as neurological, developmental, or cognitive conditions, may respond atypically during stressful encounters with law enforcement and first responders, leading to unnecessary escalation or misunderstanding.  Allowing a voluntary notation on state issued identification provides a discreet way to alert responders that additional communication awareness or patience may be needed without requiring disclosure in other settings.  This measure promotes safer, more informed, and more compassionate interactions for individuals with hidden disabilities by ensuring first responders have the context needed to respond appropriately.

     Your Committee has amended this measure by:

     (1)  Codifying language in the Hawaii Revised Statutes that requires the Department of Transportation to:

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

          (B)  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 disability notations on their permit, driver's license, or civil identification card; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2217, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2217, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  664-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2217

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 2217 entitled:

"A BILL FOR AN ACT RELATING TO IDENTIFICATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow applicants for driver's permits, driver's licenses, or civil identification cards to request a nonapparent disability notation on their permit, license, or identification card; and

     (2)  Require the Department of Transportation to undertake certain outreach and coordination efforts for purposes associated with the disability notation.

     Your Committee received testimony in support of this measure from the Disability and Communication Access Board; one member of the Kauaʻi County Council; Invisible Disabilities Association; and numerous individuals.  Your Committee received testimony in opposition to this measure from the State Council on Developmental Disabilities and Responsive Caregivers of Hawaii.  Your Committee received comments on this measure from the Department of the Attorney General and Department of Customer Services of the City and County of Honolulu.

     Your Committee finds that individuals with certain disabilities, such as autism spectrum disorder, developmental disabilities, and other cognitive or neurological conditions, may experience heightened stress or difficulty communicating during interactions with law enforcement and first responders.  Because these disabilities are typically not immediately visible, routine encounters such as traffic stops or emergencies may escalate due to misunderstandings, potentially compromising the safety of both the individual and responding personnel.  Allowing individuals to voluntarily request a notation on a driver's license, permit, or civil identification card provides a simple and cost-free mechanism to promote awareness and encourage more informed, compassionate responses.

     Your Committee notes the concern raised in testimony by the Department of the Attorney General that allowing a wide range of nonapparent disabilities, regardless of whether they are medically verified, to be indicated on an applicant's permit, license, or identification card will make it difficult for law enforcement officers to receive adequate training to prevent unnecessary escalations.

     Your Committee further notes the concern raised in testimony by the Disability and Communication Access Board that the degree to which certain types of disabilities are apparent can vary, making it difficult to accurately define "nonapparent" in a manner that promotes the safety of all persons with disabilities.  Your Committee recognizes that because driver's licenses, permits, and identification cards may be used in many types of transactions, a person with a disability may not want to request a disability notation.  Your Committee notes that this measure authorizes a person to request a disability notation through an exclusively opt-in process.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language requiring the disability to be "nonapparent" and deleting the associated definition for "nonapparent disability";

     (2)  Removing the requirement for the Department of Transportation and Disability and Communication Access Board to consult regarding the design of the disability notation;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2217, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2217, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,