Requires magnetic strips or bar codes to be placed on all driver's licenses and state civil identification cards to allow for electronic verification of the age of the licensee and detection of fraudulent cards. Requires use of optical scanners to verify age at the time of alcohol sales. Imposes penalties.

A BILL FOR AN ACT

SECTION 1. The legislature finds that an estimated 6,900,000 American junior and senior high school students can walk into an alcohol sales outlet and buy their own alcohol. One survey showed that twelve per cent of young people were provided alcohol by their parents. This illustrates that alcohol is readily available to young people despite existing laws prohibiting the sale of liquor to minors.

Accordingly, the purpose of this Act is to require the placement of a magnetic strip or bar code on all driver's licenses and state civil identification cards to allow for electronic age verification and the detection of fraudulent identification cards. This Act also requires liquor licensees to use optical scanners to verify a customer's age at the time of alcohol sales, and imposes penalties for violations.

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- Electronic verification of age; bar codes or magnetic strips. (a) After July 1, 2002, all newly issued driver's licenses shall carry a bar code or magnetic strip that allows for electronic verification of the age of the licensee, for purposes of section 281- , by means of an optical scanner or other device that may be used to scan and identify or interpret data encoded on a bar code or magnetic strip.

(b) Any person who intentionally changes, alters, tampers with, or otherwise manipulates a bar code or magnetic strip that has been validly placed on a driver's license shall be subject to a fine of $100 for each violation."

SECTION 3. Chapter 846, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§846- Electronic verification of age; bar codes or magnetic strips. (a) After July 1, 2002, all newly issued identification certificates shall carry a bar code or magnetic strip that allows for electronic verification of the age of the licensee, for purposes of section 281- , by means of an optical scanner or other device that may be used to scan and identify or interpret data encoded on a bar code or magnetic strip.

(b) Any person who intentionally changes, alters, tampers with, or otherwise manipulates a bar code or magnetic strip that has been validly placed on an identification certificate shall be subject to a fine of $100 for each violation."

SECTION 4. Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§281- Electronic verification of age; sale of liquor to minors. (a) As used in this section:

(b) No licensee or its employee shall sell or otherwise furnish any liquor to any person who is reasonably believed to be a minor without first using an optical scanner or similar device to verify the age of the person encoded on the person's official identification card pursuant to section 286-   or 846-   at the time of selling or furnishing the alcohol.

(c) The fact that a licensee or its employee failed to scan an official identification card as provided in subsection (b) shall be considered by a court in any case deciding upon the validity of a defense to a prosecution for promoting intoxicating liquor to a minor under section 712-1250.5(2)(c).

(d) Any person who knowingly uses an official identification card whose bar code or magnetic strip has been intentionally changed, altered, tampered with, or otherwise manipulated, for the purpose of purchasing liquor, whether for consumption on or off the premises, shall be subject to the penalties specified in section 281-101.5(d).

(e) The attorney general, with the assistance of the county liquor commissions, shall adopt rules to address the age verification of:

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2001-2002, for the placement of magnetic strips or bar codes on certificates of identification issued pursuant to chapter 846, part II, for the purposes of this Act. The sum appropriated shall be expended by the attorney general for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal year 1998-1999, to assist the counties in the placement of magnetic strips or bar codes on driver's licenses for the purposes of this Act:

City and county of Honolulu $          

County of Kauai $          

County of Maui $          

County of Hawaii $          

Total $          

The sums appropriated shall constitute the State's share of the cost of mandated programs under article VIII, section 5, of the state constitution.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2001.