Section 19-149-12 - Temporary state civil identification card(a) The examiner of drivers may issue a temporary state civil identification card under the following conditions:(1) Whenever the person is applying for a new or renewed state civil identification card. (A) The examiner of drivers may obtain from and provide to another state, electronic digital images and other personal information through a digital image access and exchange program (DIAEP) system regarding the holder of a civil identification card in a reasonable attempt to identify identification card applicants and to deter identification card fraud and identity theft as allowed by the Federal Driver Privacy Protection Act (DPPA) to the extent that the issuing authorities are sharing and exchanging such information to carry out their governmental functions. Any exchange of information shall be done in accordance with Part VIII of Chapter 286 of the Hawaii Revised Statutes, and any rules promulgated thereunder.(B) The information obtained from the DIAEP system will be used for the visual identification of a identification card applicant; facial recognition technology may be used. The information will also indicate if an identification card holder is deceased. All personal information obtained from the DIAEP system shall be protected from unauthorized use and disclosure, at a minimum, as required by the DPPA and the state of record. The digital image and personal information obtained through the DIAEP system shall not be kept for a period exceeding three working days; except for purposes of identification card fraud, identity theft investigation, and prosecution; as stated in section 19-149-12(C).(C) A digital image and personal information received from a state of record through the DIAEP system may be used for purposes of investigating and prosecuting any individual who is reasonably believed to have fraudulently attempted to obtain a civil identification card by using the personal information of another individual whose image or personal information has been received from the state of record, or who is reasonably believed to have engaged in acts or conduct of a similar nature that constitute a violation of law. Except as may be required by law, the examiner of drivers shall not permit a digital image or personal information obtained from a state of record to be accessed or used by a law enforcement agency or personnel of such agency for any other purpose.(2) If, due to circumstances beyond the applicant's control, the applicant's documents or information relating to identity (including social security number), and lawful status have not yet been verified.(3) In the event of a non-match or non-response from systematic alien verification for entitlements system, or a questionable status, and the examiner of drivers is unable to resolve the issue through the exceptions process indicated under section 19-149-8 of this chapter.(4) In the event of a non-match or non-response from social security on-line verification. or a questionable status, and the examiner of drivers is unable to resolve the issue through the exceptions process indicated under section 19-149-8 of this chapter.(5) Whenever the examiner of drivers has reasonable cause to believe that the applicant may be a victim of an image conflict, fraud, or where a discrepancy may exist in the applicant's information when the examiner of drivers attempts to verify the accuracy of the applicant's records with the issuing agency.(b) The examiner of drivers shall not issue a temporary state civil identification card under the following conditions:(1) Whenever the applicant's card is cancelled, suspended, invalid, revoked, forfeited, or subject to any similar action within this state or any other state, dominion or country.(2) Whenever the examiner of drivers, after completing the verification process which includes systematic alien verification for entitlements system and social security online verification or other Department of Homeland Security-approved means, is unable to verify the applicant's documents or evidence of lawful status in the United States.(3) Whenever the applicant does not hold a Hawaii civil identification card and is not a temporary or permanent lawful resident;(4) Whenever the applicant holds a state civil identification card, unless the holder is qualified for a card but needs to wait for central issuance to produce and deliver the card.(5) Whenever the applicant with another jurisdiction's identification card refuses to surrender the card for invalidation.(6) Whenever the applicant's check or any other form of payment has been dishonored and the payment of the dishonored amount plus service charges has not been received by the examiner of drivers in the form of cash, cashier's check, money order or any other form of payment acceptable to the examiner of drivers.(c) The temporary state civil identification card shall:(1) Be clearly marked on the face of the paper card with the expiration date printed in red;(2) Be printed on paper format with security features as determined by the examiners of drivers of the four counties and shall be consistent statewide; and(3) Be valid for; (A) A period of no greater than sixty days or no longer than the expiration date of lawful status in the United States, whichever is less; or(B) A period of no greater than sixty days if the evidence of lawful status has no expiration date.(d) Renewal of the temporary state civil identification card shall be subject to the following: (1) A temporary card may be renewed once in person, provided that the examiner of drivers: (A) Verifies the renewal applicant's social security number and lawful status through social security on-line verification and systematic alien verification for entitlements system, or through other Department of Homeland Security-approved means.(B) Verifies electronically any information that was not verified at the previous issuance.(2) A temporary card shall not be renewed by mail.(3) All material changes must be established through the applicant's presentation of an original or certified copy of the source document and must be verified by the examiner of drivers by electronic, manual or other means.(Auth: HRS §§ 286-303, 286-304) (Imp: HRS §§ 286-301)