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; prohibits commercial use of information. (SD1)

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 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:

"Official identification card" means:

(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 or the latest technology 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. An optical scanner or similar device or the latest technology shall not be required until July 1, 2007, of a licensee doing business in a district in this State that is classified as rural or agricultural under section 205-2 and where there is no electricity or a shortage of adequate electricity; provided that the licensee or its employee shall visually check the driver's license or the certificate of identification in lieu of electronic verification.

(c) Failure to scan an official identification card as provided in subsection (b) shall be considered by a court in 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 or the latest technology device 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) No person shall sell, use, trade, or disclose information obtained from a bar code or magnetic strip or the latest technology device for commercial purposes, including but not limited to, mailing lists. Violation of this subsection is a class C felony."

SECTION 3. 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 or the latest technology device 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 or technology device that has been validly placed on an identification certificate shall be subject to a fine of $100 for each violation.

(c) No person shall sell, use, trade, or disclose information obtained from a bar code or magnetic strip or technology device for commercial purposes, including but not limited to, mailing lists. Violation of this subsection is a class C felony."

SECTION 4. 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 or technology device 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) No person shall sell, use, trade, or disclose information obtained from a bar code or magnetic strip or technology device for commercial purposes, including but not limited to, mailing lists. Violation of this subsection is a class C felony."

SECTION 5. (a) The department of the attorney general shall:

(b) The liquor commission or liquor control board of each county shall provide upon request of the attorney general, a list of licensees under chapter 281, Hawaii Revised Statutes, in their respective counties, including their addresses and phone numbers for purposes of this section.

(c) The department of the attorney general shall report to the legislature on findings and recommendations no later than twenty days before the convening of the regular session of 2002.

SECTION 6. There is appropriated out of the state identification revolving fund, the sum of $10,118, 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, Hawaii Revised Statutes, to effectuate the purpose of this Act.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

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, 2002.