SB2293 SD1

THE SENATE	S.B. NO.	2293
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FACIAL RECOGNITION SYSTEMS.

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

SECTION 1. The legislature finds that the unregulated and unfettered use of facial recognition and imaging technology poses unique and significant implications with respect to the civil rights and liberties of residents of and visitors to Hawaii. The legislature recognizes, however, that in certain limited circumstances, the use of this technology does not infringe on an individual's privacy rights.

The legislature also finds that detecting infectious travelers is a necessary step to ensure that Hawaii's economy can fully function while keeping the public safe. In May 2021, facial imaging equipment became operational throughout the State's five major airports that accept trans-Pacific flights. The equipment is being used in conjunction with thermal screening equipment as part of the Hawaii department of transportation airports division project to screen travelers for fevers and detect those who may be infected with coronavirus disease 2019 or other infectious diseases that pose a public health risk. According to a department of transportation news release dated May 17, 2021, any images collected by its integrated thermal scanner facial-imaging system will remain anonymous, meaning no traveler's image will be connected to personal identifying information; images will not contain information on criminal history or outstanding warrants; images will not be shared with other agencies and will be deleted within thirty minutes; and travelers having a core body temperature of 100.4 degrees Fahrenheit and lower will not have their image recorded at all.

The legislature believes that the airports division of the department of transportation should be allowed to continue using integrated thermal scanner facial imaging technology, solely within airports, for the purposes of emergency response and protection of public health. However, any screening or monitoring must be properly balanced with the constitutional right to privacy, the immediate destruction of obtained data, and prohibitions on sharing that data.

The purpose of this Act is to ensure that the legislature has the opportunity to properly vet future uses of rapidly evolving facial imaging technology, and to prevent any unintended consequences from interfering with the privacy and freedom of persons in the State -- as has occurred in other jurisdictions -- by limiting the department of transportation exclusively to its use of the integrated thermal scanner facial imaging system at its airports.

SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and such other transportation facilities and activities as may be authorized by law.

The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs.

The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

(b) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

(c) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

(d) The department may use an integrated thermal scanner facial imaging system. As used in this subsection, "integrated thermal scanner facial imaging system" means an automated imaging system that takes images of persons who have a detected core body temperature exceeding 100.4 degrees Fahrenheit or higher; automatically deletes the image within thirty minutes; and is not connected with personal identifiable information."

SECTION 3. 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 2022-2023.

The sum appropriated shall be expended by the department of transportation for the maintenance and operation of the department's integrated thermal scanner facial imaging system.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.