REPORT TITLE:
ID Cards


DESCRIPTION:
Requires disclaimers on official age identification cards and
prohibits their use in purchasing intoxicating liquors.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2625
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO IDENTIFICATION CARDS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to address the
 
 2 problem of the use by a minor of an identification card with a
 
 3 false birth date.  This Act does so by requiring a disclaimer on
 
 4 a privately manufactured or sold identification card and
 
 5 prohibiting a person from using a card with a false birth date.
 
 6      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 7 a new chapter to be appropriately designated and to read as
 
 8 follows:
 
 9                             "CHAPTER
 
10                UNOFFICIAL AGE IDENTIFICATION CARD
 
11      §   -1  Definitions.  For the purpose of this chapter:
 
12      "Government agency" means an agency of the United States
 
13 government, an agency of any state government of the United
 
14 States, or an agency of any political subdivision of a state.
 
15 "Government agency" also means an agency of any government of a
 
16 country besides the United States.
 
17      "Government document" means a document issued by a
 
18 government agency.
 
19      "Supply", with respect to an unofficial age identification
 

 
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                                     S.B. NO.           2625
                                                        
                                                        

 
 1 card, means to provide or furnish to a person by other than a
 
 2 sales transaction.
 
 3      "Unofficial age identification card" means a card which:
 
 4      (1)  Is manufactured by a private person without the
 
 5           express, specific authorization of a government agency;
 
 6      (2)  Is rectangular and not more than eight inches in length
 
 7           and not more than five inches in width; and
 
 8      (3)  Is imprinted, inscribed, or stamped on at least one
 
 9           side with at least the following information:
 
10           (A)  A picture of an individual;
 
11           (B)  A personal name positioned or described in a
 
12                manner indicating or resulting in a reasonable
 
13                assumption that it is the personal name of the
 
14                pictured individual; and
 
15           (C)  A date represented as a "birth date" and
 
16                positioned or described in a manner indicating or
 
17                resulting in a reasonable assumption that the date
 
18                is the birth date of the pictured individual.  A
 
19                date shall be deemed represented as a "birth date"
 
20                if designated or accompanied by the words "birth
 
21                date" or "date of birth", the initials "DOB" or
 
22                "BD", or other similar words or initials in the
 
23                English or another language.
 

 
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                                     S.B. NO.           2625
                                                        
                                                        

 
 1      §   -2  Prohibition on manufacture, sale, or supply of
 
 2 unofficial age identification card without required disclaimer.
 
 3 (a)  Except as provided in this section, a private person shall
 
 4 not manufacture, sell, supply, or attempt to sell or supply an
 
 5 unofficial age identification card unless the following words are
 
 6 imprinted, inscribed, or stamped across the top of each side of
 
 7 the card in the manner required by this subsection:
 
 8                         "SOUVENIR ONLY".
 
 9 The words shall be in red capital letters at least one-fourth
 
10 inch high and printed prominently, legibly, and conspicuously in
 
11 permanent ink.  The phrase "SOUVENIR ONLY" shall be at least two
 
12 inches wide or, if the card is less than two inches wide, shall
 
13 be at least eighty per cent of the width of the card.
 
14      (b)  Subsection (a) shall not apply to a private person who
 
15 manufactures, sells, supplies, or attempts to sell or supply the
 
16 following:
 
17      (1)  A "credit card" as defined in section 708-800;
 
18      (2)  An "employee identification card", meaning a card given
 
19           to an individual by a private employer for the purpose
 
20           of identifying the individual as an employee of the
 
21           employer;
 
22      (3)  A "school identification card", meaning a card given to
 
23           an individual by a private academic, trade, vocational,
 

 
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                                     S.B. NO.           2625
                                                        
                                                        

 
 1           or technical school, college, or university for the
 
 2           purpose of identifying the individual as a student of
 
 3           the school, college, or university; or
 
 4      (4)  A card which does not meet all criteria of the
 
 5           definition of "unofficial age identification card"
 
 6           under section    -1.  A card excepted by this paragraph
 
 7           includes a card which is manufactured, sold, or
 
 8           supplied by a private person with the express, specific
 
 9           authorization of a government agency, a card which does
 
10           not comply with the dimensional requirements of
 
11           paragraph (2) of the definition, or a card which does
 
12           not include on at least one side all of the information
 
13           specified under paragraph (3) of the definition.
 
14      A card described under this subsection need not include the
 
15 words required by subsection (a).
 
16      (c)  A person who manufactures, sells, supplies, or attempts
 
17 to sell or supply an unofficial age identification card in
 
18 violation of this section shall be guilty of a misdemeanor.  Each
 
19 card manufactured, sold, supplied, or attempted to be sold or
 
20 supplied in violation of the section shall be deemed a separate
 
21 violation.
 
22      §   -3  Prohibition on use of unofficial age identification
 
23 card with false birth date.(a)  A person shall not use or
 

 
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                                     S.B. NO.           2625
                                                        
                                                        

 
 1 attempt to use an unofficial age identification card with a false
 
 2 birth date as proof of being of the requisite age to:
 
 3      (1)  Enter a liquor serving or other establishment
 
 4           restricted to patrons of a minimum age; or
 
 5      (2)  Purchase liquor or another product purchasable only by
 
 6           persons of a minimum age.
 
 7      An "unofficial age identification card with a false birth
 
 8 date" means an unofficial age identification card, the birth date
 
 9 on which is not that of the person who uses or attempts to use
 
10 the card.
 
11      The prohibition of this subsection applies even if the
 
12 unofficial age identification card includes the disclaimer
 
13 required under section    -2.
 
14      (b)  A person who violates this section shall be subject for
 
15 each violation to a maximum $2,000 fine."
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                       INTRODUCED BY:  ___________________________