New ID law has few fans

By PETER SUR

Tribune-Herald staff writer

Gary Pacheco Jr. opens his wallet and pulls out a flimsy, folded piece of card stock.

On one side is plastic laminate; on the other, a smeared inkjet print of what looks like his driver’s license. Only this is his driver’s license, for the next few weeks, before a permanent one arrives. The problem is, few businesses believe him.

The Union Jack on the state flag is unrecognizable. There are two expiration dates. There’s no fine print and no hologram.

Since March 5, every person getting a license, whether new or renewed, will receive a temporary license that looks like this. Until businesses recognize it as a valid identity card, people who use it will have trouble.

“I’ve gotten denied at Wiki Wiki, Kadota Liquor, KTA, Sack ‘n Save, Longs,” said Pacheco, 21, who gets carded whenever he buys cigarettes and alcohol. Only Walmart recognizes the ID as genuine.

Ironically, the reason that businesses think Pacheco has a fake ID is because of a federal law called the REAL ID Act of 2005. The effects of that law are only being felt in Hawaii now.

Congress in 2005 passed a law that mandated that state-issued identity cards comply with federal security requirements before they can be used for boarding commercial aircraft or entering federal buildings. The intent of the law is to keep terrorists from entering the United States.

As a response to that law, the Hawaii Legislature in 2010 approved the Legal Presence Act. Since March 5 of this year, all people applying for an original or renewal of their Hawaii driver’s license or permit must show proof of legal presence in the United States.

When people apply for a license, their documents are scanned and forwarded to a secure processing center. A temporary license is issued for those who apply shortly before their regular licenses expire.

Pacheco, 21, was born and raised in Hilo but moved to Nevada for a while to find his bearings. Returning to Hilo to be a caregiver for his grandmother, he wanted to switch out his Nevada ID for a Hawaii one.

The new identity law requires all drivers getting a license to bring documents listing their legal name, date of birth, Social Security number and legal presence in Hawaii. So Pacheco brought his Social Security card and birth certificate.

He passed the written test for a permit and took the road test on April 18. After passing that test, he was told by a clerk that the permanent driver’s license would come in within the next four to eight weeks.

Last week, Pacheco was dismissive of his temporary license.

“It looks like something you can go to OfficeMax and print up,” he said. Pacheco added later: “It looks fake. It looks like it is homemade.”

Finance Director Nancy Crawford, when told of Pacheco’s situation, said this was the first time she was aware of businesses not accepting lawfully issued ID cards. She placed a call to Lee Lord, head of the Vehicle Registration and Licensing Divsion, who told Crawford that Lord was also unaware of this happening to temporary ID holders. “The state does a very good outreach job,” Crawford was told.

According to Lord (as paraphrased through Crawford), any agency or business that routinely checks IDs, including at airports, harbors, restaurants and bars, should be familiar with the new ID cards. There was one instance at a harbor where someone had a question about the veracity of someone’s ID.

The ID was valid, but the people checking the cards had not been informed by the higher-ups about the temporary IDs.

Crawford emphasized the changes were due to state and federal mandates.

“There are no changes in county laws,” she said. “It is our job to fulfill the law.”

Crawford asked the public to be patient and bring the correct documents when they come to get a license, and she said she’s “very thankful” for the efforts by employees in the licensing department to comply with the law.

“We do what we can to help people come prepared and speed this up,” Crawford said. “People are sometimes having to wait long times in line.”

“All of our (employees)” are working as hard as they can to make it go as easy as possible,” she said.

“Sometimes people actually have to go to court to get it cleared up,” she said. And some have other issues.

Three years ago, Cubie Lee Maddox, now 70, had his ID stolen. To establish his identity he brought to the driver licensing office in Hilo on Monday a notarized statement from his bank and another from the Superior Court of Santa Clara attesting to his name change. To change his name in California, Maddox said, he had to have his birth certificate.

Maddox said he can’t get his birth certificate unless he goes to California. He can’t get on a plane to California unless he has a valid ID. He can’t get a valid ID unless he gets his birth certificate.

He can request a certified copy of his birth certificate, but that will take weeks to be processed.

Maddox tried to explain these things to the driver license examiner.

“We need your birth certificate,” the examiner was overheard saying. She also told Maddox that a valid passport is accepted.

“My passport is expired,” Maddox replied. The examiner suggested other papers, but nothing that he had was allowed by state law. “I’m only doing my job,” she said.

Outside of the building, Maddox was livid.

“Stupid, man,” he said. “We have stupid people running this country.”

Email Peter Sur at psur@hawaiitribune-herald.com.