REPORT TITLE:
SS# Use Restricted


DESCRIPTION:
Prohibits the use of social security numbers for recordkeeping,
identification, or informational purposes.  Prohibits use of
social security numbers as driver's license or certificate of
identification numbers.  Provides for transition to new forms,
driver's licenses, and identification numbers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           980
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO RESTRICTIONS ON THE USE OF SOCIAL SECURITY NUMBERS. 


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

 1      SECTION 1.  Identity theft is one of the fastest growing
 
 2 crimes of the decade.  Identity thieves acquire enough personal
 
 3 information about a victim to establish themselves as the victim.
 
 4 The result can be disastrous for the victim.  The thief could run
 
 5 up thousands of dollars in bills in the victim's name, ruin the
 
 6 victim's credit, commit a crime, and establish a criminal record
 
 7 in the victim's identity.  Although banks sometimes absorb the
 
 8 costs of the identity theft related crimes, their losses
 
 9 eventually will be passed on to consumers.
 
10      Despite the fact that the Social Security Administration
 
11 will only give information about a social security number
 
12 recipient to the Internal Revenue Service, numerous state and
 
13 county agencies unnecessarily use social security numbers for
 
14 recordkeeping or identification purposes.
 
15      One way to reduce the chance of being victimized by an
 
16 identity thief is to limit the amount of personal information
 
17 available to the public.  A person's social security number is
 
18 the key to that person's credit and banking accounts and is the
 
19 prime target of criminals.
 

 
Page 2                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1      The legislature finds that the ease of government
 
 2 recordkeeping does not outweigh an individual's right to social
 
 3 security number privacy where such privacy is a means of
 
 4 affording protection from potential identity theft.  The
 
 5 legislature believes that social security numbers should be
 
 6 protected and released only when absolutely necessary and that
 
 7 the continued use of social security numbers for recordkeeping
 
 8 purposes, and for driver's license and identification certificate
 
 9 numbers is unnecessary and irresponsive to the threat of this
 
10 growing crime.
 
11      The purpose of this Act is to prohibit the use of social
 
12 security numbers for recordkeeping, identification, or
 
13 informational purposes.
 
14      SECTION 2.  Section 11-6, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]11-6[]]  Petitions; withdrawal of signatures.  Wherever
 
17 in this chapter the signatures of registered voters are required
 
18 on a petition, any voter who, after signing a petition, seeks to
 
19 withdraw the voter's signature may do so by providing notice in
 
20 writing to the chief election officer any time before the filing
 
21 of the petition.  The notice shall include the name, [social
 
22 security number,] address, and birthdate of the voter, and must
 
23 be signed by the voter with the name under which the voter is
 

 
Page 3                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1 registered to vote.  Upon receipt of that notice containing the
 
 2 information required by this section, the chief election officer
 
 3 shall notify the group or individual to whom the petition was
 
 4 issued and the signature of the individual shall not be counted."
 
 5      SECTION 3.  Section 11-15, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Any person qualified to and desiring to register as a
 
 8 voter in any county shall make and subscribe to an application in
 
 9 the form of an affidavit.
 
10      The affidavit shall contain the following information:
 
11      (1)  Name;
 
12     [(2)  Social security number;
 
13      (3)] (2)  Date of birth;
 
14     [(4)] (3)  Residence, including mailing address;
 
15     [(5)] (4)  That the residence stated in the affidavit is not
 
16           simply because of the person's presence in the State
 
17           but that the residence was acquired with the intent to
 
18           make Hawaii the person's legal residence with all the
 
19           accompanying obligations therein; and
 
20     [(6)] (5)  That the person is a citizen.
 
21 Social security numbers shall not be used on any general register
 
22 or precinct list, or on any other voter document."
 
23      SECTION 4.  Section 12-3, Hawaii Revised Statutes, is
 

 
Page 4                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  No candidate's name shall be printed upon any official
 
 3 ballot to be used at any primary, special primary, or special
 
 4 election unless a nomination paper was filed in the candidate's
 
 5 behalf and in the name by which the candidate is commonly known.
 
 6 The nomination paper shall be in a form prescribed and provided
 
 7 by the chief election officer containing substantially the
 
 8 following information:
 
 9      (1)  A statement by the registered voters signing the form
 
10           that they are eligible to vote for the candidate;
 
11      (2)  A statement by the registered voters signing the form
 
12           that they nominate the candidate for the office
 
13           identified on the nomination paper issued to the
 
14           candidate;
 
15      (3)  The residence address and county in which the candidate
 
16           resides;
 
17      (4)  The legal name of the candidate, the name by which the
 
18           candidate is commonly known, if different, the office
 
19           for which the candidate is running, and the candidate's
 
20           party affiliation or nonpartisanship; all of which are
 
21           to be placed on the nomination paper by the chief
 
22           election officer or the clerk prior to releasing the
 
23           form to the candidate;
 

 
Page 5                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1      (5)  Space for the name, signature, date of birth, [Social
 
 2           Security number,] and residence address of each
 
 3           registered voter signing the form, and other
 
 4           information as determined by the chief election
 
 5           officer; provided that the chief election officer shall
 
 6           not require the registered voter's social security
 
 7           number;
 
 8      (6)  A sworn certification by self-subscribing oath by the
 
 9           candidate that the candidate qualifies under the law
 
10           for the office the candidate is seeking and that the
 
11           candidate has determined that, except for the
 
12           information provided by the registered voters signing
 
13           the nomination papers, all of the information on the
 
14           nomination papers is true and correct;
 
15      (7)  A sworn certification by self-subscribing oath by a
 
16           party candidate that the candidate is a member of the
 
17           party;
 
18      (8)  A sworn certification by self-subscribing oath, where
 
19           applicable, by the candidate, that the candidate has
 
20           complied with the provisions of article II, section 7,
 
21           of the Constitution of the State of Hawaii;
 
22      (9)  A sworn certification by self-subscribing oath by the
 
23           candidate that the candidate is in compliance with
 

 
Page 6                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1           section 831-2, dealing with felons, and is eligible to
 
 2           run for office; and
 
 3     (10)  The name the candidate wishes printed on the ballot and
 
 4           the mailing address of the candidate."
 
 5      SECTION 5.  Section 12-4, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (c) to read as follows:
 
 7      "(c)  Any registered voter who, after signing a nomination
 
 8 paper, seeks to withdraw the voter's signature shall do so by
 
 9 providing written notice to the chief election officer, or clerk
 
10 in the case of a county office, any time before the filing of the
 
11 candidate's nomination paper; provided that the notice is
 
12 received by the chief election officer, or clerk in the case of a
 
13 county office, no later than 4:30 p.m. on the fourth business day
 
14 prior to the close of filing pursuant to section 12-6.  The
 
15 written notice shall include the voter's name, [social security
 
16 number,] residence address, date of birth, the voter's signature,
 
17 the name of the candidate, and a statement that the voter wishes
 
18 to remove the voter's signature from the candidate's nomination
 
19 paper.  Any request by a registered voter to remove the voter's
 
20 signature from a candidate's nomination paper that is received by
 
21 the chief election officer, or clerk in the case of a county
 
22 office, after the candidate's nomination paper has been filed or
 
23 after 4:30 p.m. on the fourth business day prior to the close of
 

 
Page 7                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1 filing shall not be accepted."
 
 2      SECTION 6.  Section 15-4, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "15-4 Request for absentee ballot.  Any person registered
 
 5 to vote may request an absentee ballot in person or in writing
 
 6 from the clerk not earlier than on the sixtieth day and not later
 
 7 than 4:30 p.m. on the seventh day prior to the election.  Any
 
 8 mailed requests for an absentee ballot shall be mailed by the
 
 9 person directly to the clerk.  The clerk may waive any or all of
 
10 the foregoing requirements in special cases as provided in the
 
11 rules adopted by the chief election officer.
 
12      The request shall include information such as the person's
 
13 [social security number,] date of birth[,] and the address under
 
14 which the person is registered to vote.  The request shall also
 
15 include the address to which the person wishes the requested
 
16 ballot forwarded.  The request, when made for any primary or
 
17 special primary election, may include an additional request for
 
18 an absentee ballot to be voted at any election immediately
 
19 following the primary or special primary provided the person so
 
20 indicates in the person's request.
 
21      Subsequent to the closing of registration for each election,
 
22 the clerk may mail a request form for an absentee ballot to each
 
23 voter in a remote area who has not already made such a request.
 

 
Page 8                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1 The request form shall be accompanied by:
 
 2      (1)  A stamped, self-addressed envelope; and
 
 3      (2)  Instructions regarding the manner of completing and
 
 4           returning the request form." 
 
 5      SECTION 7.  Section 92F-14, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (b) to read as follows:
 
 7      "(b)  The following are examples of information in which the
 
 8 individual has a significant privacy interest:
 
 9      (1)  Information relating to medical, psychiatric, or
 
10           psychological history, diagnosis, condition, treatment,
 
11           or evaluation, other than directory information while
 
12           an individual is present at such facility;
 
13      (2)  Information identifiable as part of an investigation
 
14           into a possible violation of criminal law, except to
 
15           the extent that disclosure is necessary to prosecute
 
16           the violation or to continue the investigation;
 
17      (3)  Information relating to eligibility for social services
 
18           or welfare benefits or to the determination of benefit
 
19           levels;
 
20      (4)  Information in an agency's personnel file, or
 
21           applications, nominations, recommendations, or
 
22           proposals for public employment or appointment to a
 
23           governmental position, except:
 

 
Page 9                                                     
                                     S.B. NO.           980
                                                        
                                                        

 
 1           (A)  Information disclosed under section 92F-12(a)(14);
 
 2                and
 
 3           (B)  The following information related to employment
 
 4                misconduct that results in an employee's
 
 5                suspension or discharge:
 
 6                (i)  The name of the employee;
 
 7               (ii)  The nature of the employment related
 
 8                     misconduct;
 
 9              (iii)  The agency's summary of the allegations of
 
10                     misconduct;
 
11               (iv)  Findings of fact and conclusions of law; and
 
12                (v)  The disciplinary action taken by the agency;
 
13                when the following has occurred:  the highest
 
14                non-judicial grievance adjustment procedure timely
 
15                invoked by the employee or the employee's
 
16                representative has concluded; a written decision
 
17                sustaining the suspension or discharge has been
 
18                issued after this procedure; and thirty calendar
 
19                days have elapsed following the issuance of the
 
20                decision; provided that this subparagraph shall
 
21                not apply to a county police department officer
 
22                except in a case which results in the discharge of
 
23                the officer;
 

 
Page 10                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1      (5)  Information relating to an individual's nongovernmental
 
 2           employment history except as necessary to demonstrate
 
 3           compliance with requirements for a particular
 
 4           government position;
 
 5      (6)  Information describing an individual's finances,
 
 6           income, assets, liabilities, net worth, bank balances,
 
 7           financial history or activities, or creditworthiness;
 
 8      (7)  Information compiled as part of an inquiry into an
 
 9           individual's fitness to be granted or to retain a
 
10           license, except:
 
11           (A)  The record of any proceeding resulting in the
 
12                discipline of a licensee and the grounds for
 
13                discipline;
 
14           (B)  Information on the current place of employment and
 
15                required insurance coverages of licensees; and
 
16           (C)  The record of complaints including all
 
17                dispositions; [and]
 
18      (8)  Information comprising a personal recommendation or
 
19           evaluation[.]; and
 
20      (9)  An individual's social security number."
 
21      SECTION 8.  Section 134-2, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 
23      "(b)  The permit application form shall include the
 

 
Page 11                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 applicant's name, address, sex, height, weight, date of birth,
 
 2 place of birth, [Social Security number,] and information
 
 3 regarding the applicant's mental health history and shall require
 
 4 the fingerprinting and photographing of the applicant by the
 
 5 police department of the county of registration; provided that
 
 6 where fingerprints and [photograph] photographs are already on
 
 7 file with the department, these may be waived."
 
 8      SECTION 9.  Section 184-5.1, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]184-5.1[]]  Arrest.  Except when authorized by law to
 
11 immediately take a person arrested for violation of [the]:
 
12      (1)  The state parks, historical objects and sites, and
 
13           outdoor recreation laws and regulations; [traffic]
 
14      (2)  Traffic laws and ordinances; and [the]
 
15      (3)  The laws of the State and the rules and regulations of
 
16           the department relative to the protection and proper
 
17           utilization of the recreational, scenic, historical,
 
18           natural and archaeological, scientific and related
 
19           resources of state and private lands;
 
20 before a magistrate, any state parks enforcement officer upon
 
21 arresting any person for [violation of the state parks,
 
22 historical objects and sites, and outdoor recreation laws and
 
23 regulations; traffic laws and ordinances; and laws of the State
 

 
Page 12                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 and the rules and regulations of the department relative to the
 
 2 protection and proper utilization of the recreational, scenic,
 
 3 historical, natural and archaeological, scientific and related
 
 4 resources of state and private lands] any of the aforementioned
 
 5 violations, shall take the name, address, [social security
 
 6 number] and other pertinent information of the person; provided
 
 7 that the enforcement officer shall not require the person's
 
 8 social security number, and shall issue to the person a summons
 
 9 and citation, printed in the form hereinafter described,
 
10 mandating a warning to the person to appear and answer to the
 
11 charge against the person at a certain place and at a time within
 
12 seven days after the arrest."
 
13      SECTION 10.  Section 231-57.5, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "231-57.5  Notification of address [and social security
 
16 number] of debtor parent.  The department of accounting and
 
17 general services shall notify the child support enforcement
 
18 agency of the address [and social security number] of each debtor
 
19 who has been subject to a setoff because of a child support
 
20 debt."
 
21      SECTION 11.  Section 286-109, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "286-109  General provision governing the issuance of
 

 
Page 13                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 licenses.  (a)  Upon payment of the required fee and upon
 
 2 demonstrating the ability to operate a certain category or
 
 3 categories of motor vehicles to the satisfaction of the examiner
 
 4 of drivers, an applicant for a driver's license shall be issued a
 
 5 single license of a design approved by the director of
 
 6 transportation upon which is made a notation of [the]:
 
 7      (1)  The category or categories of motor vehicles the
 
 8           applicant may operate[, any]; 
 
 9      (2)  Any restrictive provisions to which the license is
 
10           subject[,]; and[, where]
 
11      (3)  When the license is issued to a person under twenty-one
 
12           years of age, a statement, in clearly legible print
 
13           that shall contrast with the other information
 
14           appearing on the license, which indicates the date on
 
15           which the person will attain the age of twenty-one
 
16           years.
 
17      (b)  The examiner of drivers shall not issue or renew a
 
18 driver's license or instruction permit using the driver's social
 
19 security number as the driver's license or instruction permit
 
20 identification number, or for any other purpose.  No driver's
 
21 license or instruction permit shall display the driver's social
 
22 security number on the license or permit.
 
23      (c)  Statutes of limitations and other provisions of this
 

 
Page 14                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 chapter notwithstanding, no driver's license or instruction
 
 2 permit shall be issued or renewed under this section, where the
 
 3 examiner of drivers is notified by the district judge, traffic
 
 4 violations bureaus of the district courts, or the judge of the
 
 5 circuit court that the applicant has failed to respond to a
 
 6 traffic citation or summons for the violation of any traffic laws
 
 7 of a county, this chapter or [chapters] chapter 286G, 287, 290,
 
 8 291, or 291C, and the same remains delinquent and outstanding, or
 
 9 the applicant, having timely responded initially, has as of the
 
10 time of the application, failed to comply in full with all orders
 
11 of the court."
 
12      SECTION 12.  Section 286-238, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  The application for a commercial driver's license or
 
15 commercial driver's instruction permit shall include the
 
16 following with respect to the applicant:
 
17      (1)  The full name and current mailing, residential, and
 
18           business addresses;
 
19      (2)  A physical description including sex and height;
 
20      (3)  Date of birth;
 
21     [(4)  Social security number;
 
22      (5)] (4)  Signature;
 
23     [(6)] (5)  Color photograph;
 

 
Page 15                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1     [(7)] (6)  Certifications including those required by 49 Code
 
 2           of Federal Regulations, 383.71(a), except that this
 
 3           certification applies to both intrastate and interstate
 
 4           drivers; and
 
 5     [(8)] (7)  Any other information required by section
 
 6           286-111."
 
 7      SECTION 13.  Section 286-239, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  The commercial driver's license shall be marked "CDL"
 
10 and, to the maximum extent practicable, shall be tamperproof and
 
11 include, but not be limited to, the following with respect to the
 
12 licensee:
 
13      (1)  The name and residence address;
 
14      (2)  A color photograph;
 
15      (3)  A physical description including sex and height;
 
16      (4)  Date of birth;
 
17     [(5)  Social security number;
 
18      (6)] (5)  Signature;
 
19     [(7)] (6)  The class or type of commercial motor vehicle or
 
20           vehicles which may be driven together with any
 
21           endorsements or restrictions;
 
22     [(8)] (7)  The name of this State; and
 
23     [(9)] (8)  The issuance and expiration dates of the license.
 

 
Page 16                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 No commercial driver's license shall display the licensee's
 
 2 social security number."
 
 3      SECTION 14.  Section 302A-602.5, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  Upon revocation of the certificate, the department may
 
 6 disclose the name, birthdate, [social security number,] and any
 
 7 other pertinent information about the former holder of the
 
 8 certificate related to the revocation for the purpose of
 
 9 exchanging information under chapter 315 with other national or
 
10 state teacher certification agencies about school personnel who
 
11 have had certificates revoked[.]; provided that the department
 
12 shall not disclose the social security number of the former
 
13 holder of the certificate."
 
14      SECTION 15.  Section 302A-807, Hawaii Revised Statutes, is
 
15 amended by amending subsection (d) to read as follows:
 
16      "(d)  Upon revocation of a license or credential, the
 
17 department may disclose the name, birthdate,[ social security
 
18 number,] and any other pertinent information about the former
 
19 holder of the license or credential for the purpose of exchanging
 
20 information under chapter 315 with other national or state
 
21 teacher certification agencies about school personnel who have
 
22 had licenses, credentials, or other certificates revoked[.];
 
23 provided that the department shall not disclose the social
 

 
Page 17                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 security number of the former license or credential holder."
 
 2      SECTION 16.  Section 329-1, Hawaii Revised Statutes, is
 
 3 amended by amending the definition of "identification number" to
 
 4 read as follows:
 
 5      ""Identification number" means, with respect to a patient:
 
 6      (1)  The unique, valid driver's license number of the
 
 7           patient, followed by the two-digit United States Postal
 
 8           Service code for the state issuing the driver's license
 
 9           or, if the patient is a foreign patient, the patient's
 
10           passport number.  If the patient does not have a
 
11           driver's license, the "identification number" means
 
12           [the patient's social security number,] an identifying
 
13           number, other than a social security number followed by
 
14           the patient's state of residency code.  If the patient
 
15           is less than eighteen years old and has no such
 
16           identification, the identification number means the
 
17           unique number contained on the valid driver's license
 
18           of the patient's parent or guardian; or
 
19      (2)  If the controlled substance is obtained for an animal,
 
20           the unique number described in paragraph (1) of the
 
21           animal's owner."
 
22      SECTION 17.  Section 338-11, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 18                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1      "338-11  Form of certificates.  The forms of certificates
 
 2 shall include as a minimum, the items required by the respective
 
 3 standard certificates as recommended by the Public Health
 
 4 Service, National Center for Health Statistics, subject to
 
 5 approval of and modification by the department of health.  [In
 
 6 addition, the forms of death certificates shall require the
 
 7 individual's social security number.]  The form and use of the
 
 8 certificates shall be subject to sections 338-16 to 338-18."
 
 9      SECTION 18.  Section 436B-10, Hawaii Revised Statutes, is
 
10 amended amending subsection (a) to read as follows:
 
11      "(a)  Application for a license shall be made on an
 
12 application form to be furnished by the licensing authority.  An
 
13 applicant shall provide the following information on the
 
14 application form:
 
15      (1)  The applicant's legal name;
 
16      (2)  Affirmation that the applicant is beyond the age of
 
17           majority;
 
18      (3)  The applicant's current residence, business and mailing
 
19           addresses, and phone numbers;
 
20     [(4)  The applicant's social security number if the licensing
 
21           authority is authorized by federal law to require the
 
22           disclosure;
 
23     (5)]  (4)  The date and place of any conviction of a penal
 

 
Page 19                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           crime directly related to the profession or vocation in
 
 2           which the applicant is applying for licensure, unless
 
 3           the conviction has been expunged or annulled, or is
 
 4           otherwise precluded from consideration by section 831-
 
 5           3.1;
 
 6     [(6)] (5)  Proof that the applicant is a United States
 
 7           citizen, a United States national, or an alien
 
 8           authorized to work in the United States;
 
 9     [(7)] (6)  Disclosure of similar licensure in any state or
 
10           territory;
 
11     [(8)] (7)  Disclosure of disciplinary action by any state or
 
12           territory against any license held by the applicant;
 
13           and
 
14     [(9)] (8)  Any other information the licensing authority may
 
15           require to investigate the applicant's qualifications
 
16           for licensure[.]; provided the licensing authority
 
17           shall not require the applicant's social security
 
18           number.
 
19 Failure to provide the above information and pay the required
 
20 fees shall be grounds to deny the application for licensure."
 
21      SECTION 19.  Section 501-151, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "501-151  Pending actions, judgments; recording of, notice.
 

 
Page 20                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 No writ of entry, action for partition, or any action affecting
 
 2 the title to real property or the use and occupation thereof or
 
 3 the buildings thereon, and no judgment, nor any appeal or other
 
 4 proceeding to vacate or reverse any judgment, shall have any
 
 5 effect upon registered land as against persons other than the
 
 6 parties thereto, unless a full memorandum thereof, containing
 
 7 also a reference to the number of certificate of title of the
 
 8 land affected is filed or recorded and registered.  Except as
 
 9 otherwise provided, every judgment shall contain or have endorsed
 
10 on it the [social security number,] State of Hawaii general
 
11 excise taxpayer identification number[,] or federal employer
 
12 identification number for persons, corporations, partnerships, or
 
13 other entities against whom the judgment is rendered.  If the
 
14 judgment debtor has no [social security number,] State of Hawaii
 
15 general excise taxpayer identification number[,] or federal
 
16 employer identification number, or if that information is not in
 
17 the possession of the party seeking registration of the judgment,
 
18 the judgment shall be accompanied by a certificate that provides
 
19 that the information does not exist or is not in the possession
 
20 of the party seeking registration of the judgment.  Failure to
 
21 disclose or disclosure of an incorrect [social security number,]
 
22 State of Hawaii general excise taxpayer identification number[,]
 
23 or federal employer identification number shall not in any way
 

 
Page 21                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 adversely affect or impair the lien created upon recording of the
 
 2 judgment.  This section does not apply to attachments, levies of
 
 3 execution, or to proceedings for the probate of wills, or for
 
 4 administration in a probate court; provided that in case notice
 
 5 of the pendency of the action has been duly registered it is
 
 6 sufficient to register the judgment in the action within sixty
 
 7 days after the rendition thereof.
 
 8      As used in this chapter "judgment" includes an order or
 
 9 decree having the effect of a judgment.
 
10      Notice of the pendency of an action in a United States
 
11 District Court, as well as a court of the State of Hawaii, may be
 
12 recorded." 
 
13      SECTION 20.  Section 502-33, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "502-33  Identification of reference to registration of
 
16 original.  The registrar shall not record any instrument
 
17 requiring a reference to a prior recorded instrument, unless the
 
18 same contains a reference to the book and page or document number
 
19 of the registration of the original recorded instrument or a
 
20 statement that the original instrument is unrecorded, as the case
 
21 may be.  Except as otherwise provided, every judgment shall
 
22 contain or have endorsed on it the [social security number,]
 
23 State of Hawaii general excise taxpayer identification number[,]
 

 
Page 22                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 or federal employer identification number for persons,
 
 2 corporations, partnerships, or other entities against whom the
 
 3 judgment is rendered.  If the judgment debtor has no [social
 
 4 security number,] State of Hawaii general excise taxpayer
 
 5 identification number[,] or federal employer identification
 
 6 number, or if that information is not in the possession of the
 
 7 party seeking registration of the judgment, the judgment shall be
 
 8 accompanied by a certificate that provides that the information
 
 9 does not exist or is not in the possession of the party seeking
 
10 registration of the judgment.  Failure to disclose or disclosure
 
11 of an incorrect [social security number,] State of Hawaii general
 
12 excise taxpayer identification number, or federal employer
 
13 identification number shall not in any way adversely affect or
 
14 impair the lien created upon registration of the judgment.  No
 
15 amendment, continuation statement, termination statement,
 
16 statement of assignment, or statement of release relating to
 
17 security interests in goods which are or are to become fixtures
 
18 shall be filed unless it complies with the requirements of the
 
19 Uniform Commercial Code, section 490:9-408.  This section does
 
20 not apply to any document mentioned herein executed prior to
 
21 April 13, 1915."
 
22      SECTION 21.  Section 504-1, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 23                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1      "504-1 Registration of federal judgments.  Judgments of
 
 2 United States courts may be registered, recorded, docketed, and
 
 3 indexed in the bureau of conveyances or with the assistant
 
 4 registrar of the land court in the same manner as judgments of
 
 5 the courts of the State.  Except as otherwise provided, every
 
 6 judgment shall contain or have endorsed on it the [social
 
 7 security number,] State of Hawaii general excise taxpayer
 
 8 identification number[,] or federal employer identification
 
 9 number for persons, corporations, partnerships, or other entities
 
10 against whom the judgment is rendered.  If the judgment debtor
 
11 has no [social security number,] State of Hawaii general excise
 
12 taxpayer identification number[,] or federal employer
 
13 identification number, or if that information is not in the
 
14 possession of the party seeking the registration, recordation,
 
15 docketing, or indexing of the judgment, the judgment shall be
 
16 accompanied by a certificate that provides that the information
 
17 does not exist or is not in the possession of the party seeking
 
18 registration, recordation, docketing, or indexing of the
 
19 judgment.  Failure to disclose or disclosure of an incorrect
 
20 [social security number,] State of Hawaii general excise taxpayer
 
21 identification number[,] or federal employer identification
 
22 number shall not in any way adversely affect or impair the lien
 
23 created upon the registration, recordation, docketing, or
 

 
Page 24                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 indexing of the judgment."
 
 2      SECTION 22.  Section 571-52.6, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "571-52.6  Child support order, judgment, or decree;
 
 5 accident and sickness insurance coverage.  Each order, judgment,
 
 6 or decree under this chapter or chapter 576B, 580, or 584
 
 7 ordering a person to pay child support shall include the
 
 8 following provisions:
 
 9      (1)  Both the obligor and the obligee are required to file
 
10           with the state case registry, through the child support
 
11           enforcement agency, upon entry of the child support
 
12           order and to update as appropriate, information on the
 
13           identity and location of the party, including [social
 
14           security number,] residential and mailing addresses,
 
15           telephone number, driver's license number [if different
 
16           from social security number,] and name, address, and
 
17           telephone number of the party's employer; and
 
18      (2)  The liability of that person for accident and sickness
 
19           insurance coverage when available at reasonable cost."
 
20      SECTION 23.  Section 572-6, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "572-6 Application; license; limitations.  To secure a
 
23 license to marry, the persons applying for the license shall
 

 
Page 25                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 appear personally before an agent authorized to grant marriage
 
 2 licenses and shall file with the agent an application in writing.
 
 3 The application shall be accompanied by a statement signed and
 
 4 sworn to by each of the persons, setting forth[:]  the person's
 
 5 [full]:
 
 6      (1)  Full name, date of birth, [social security number,] and
 
 7           residence; [their]
 
 8      (2)  Their relationship, if any; [the]
 
 9      (3)  The full names of parents; and [that]
 
10      (4)  That all prior marriages, if any, have been dissolved
 
11           by death or dissolution.  
 
12 If all prior marriages have been dissolved by death or
 
13 dissolution, the statement shall also set forth the date of death
 
14 of the last prior spouse or the date and jurisdiction in which
 
15 the last decree of dissolution was entered.  Any other
 
16 information consistent with the standard marriage certificate as
 
17 recommended by the Public Health Service, National Center for
 
18 Health Statistics, may be requested for statistical or other
 
19 purposes, subject to approval of and modification by the
 
20 department of health; provided that the information shall be
 
21 provided at the option of the applicant and no applicant shall be
 
22 denied a license for failure to provide the information.  The
 
23 agent shall [indorse] endorse on the application, over the
 

 
Page 26                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 agent's signature, the date of the filing thereof and shall issue
 
 2 a license which shall bear on its face the date of issuance.
 
 3 Every license shall be of full force and effect for thirty days
 
 4 commencing from and including the date of issuance.  After the
 
 5 thirty-day period, the license shall become void and no marriage
 
 6 ceremony shall be performed thereon.
 
 7      It shall be the duty of every person, legally authorized to
 
 8 grant licenses to marry, to immediately report the issuance of
 
 9 every marriage license to the agent of the department of health
 
10 in the district in which the license is issued, setting forth all
 
11 facts required to be stated in [such] the manner and on [such]
 
12 the form [as] which the department may prescribe."
 
13      SECTION 24.  Section 576B-311, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  A petitioner seeking to establish or modify a support
 
16 order or to determine parentage in a proceeding under this
 
17 chapter must verify the petition.  Unless otherwise ordered under
 
18 section 576B-312, the petition or accompanying documents must
 
19 provide, so far as is known, the name[,] and residential
 
20 address[, and social security numbers] of the obligor and the
 
21 obligee, and the name, sex, residential address, [social security
 
22 number,] and date of birth of each child for whom support is
 
23 sought.  The petition must be accompanied by a certified copy of
 

 
Page 27                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 any support order in effect.  The petition may include any other
 
 2 information, except the respondent's social security number, that
 
 3 may assist in locating or identifying the respondent."
 
 4      SECTION 25.  Section 576B-602, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  A support order or income withholding order of another
 
 7 state may be registered in this State by sending the following
 
 8 documents and information to the registering tribunal:
 
 9      (1)  A letter of transmittal to the registering tribunal
 
10           requesting registration and enforcement;
 
11      (2)  Two copies, including one certified copy, of all orders
 
12           to be registered, including any modification of an
 
13           order;
 
14      (3)  A sworn statement by the party seeking registration or
 
15           a certified statement by the custodian of the records
 
16           showing the amount of any arrearage;
 
17      (4)  The name of the obligor and, if known:
 
18           (A)  The obligor's address[ and social security
 
19                number];
 
20           (B)  The name and address of the obligor's employer and
 
21                any other source of income of the obligor; and
 
22           (C)  A description and the location of property of the
 
23                obligor in this State not exempt from execution;
 

 
Page 28                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1                and
 
 2      (5)  The name and address of the obligee and, if applicable,
 
 3           the agency or person to whom support payments are to be
 
 4           remitted."
 
 5      SECTION 26.  Section 576D-13, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (b) to read as follows:
 
 7      "(b)  The notice shall be sent by regular mail to both the
 
 8 last known address of record of the obligor or individual as
 
 9 shown in the records of the licensing authority and the address
 
10 of record of the obligor or individual as shown in the agency's
 
11 child support record.  For purposes of this section, the date of
 
12 service means two days following the date of mailing.  The notice
 
13 shall contain the following information:
 
14      (1)  Identification of the license, certificate, permit, or
 
15           registration subject to suspension, nonrenewal,
 
16           nonreinstatement, nonrestoration, or denial;
 
17      (2)  The name, [social security number, if available,] date
 
18           of birth, if known, and each applicable child support
 
19           case number or numbers of the obligor or individual;
 
20      (3)  The amount of the arrears, the amount of the monthly
 
21           child support obligation, and reference to the support
 
22           order upon which the support amount and arrears are
 
23           based or the subpoena or warrant that the individual
 

 
Page 29                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           has failed to comply with;
 
 2      (4)  A statement that the obligor or individual may contest
 
 3           the suspension, nonrenewal, nonreinstatement,
 
 4           nonrestoration, or denial of a license by requesting a
 
 5           hearing in writing within thirty days of the date of
 
 6           service of the notice of intent to suspend, not renew,
 
 7           not reinstate, not restore, or deny the license;
 
 8      (5)  A statement that the obligor may contact the agency in
 
 9           writing within thirty days of the date of service of
 
10           the notice and enter into a monthly payment agreement
 
11           for the arrears owed, and if an agreement is entered
 
12           into within thirty days of making contact with the
 
13           agency, the agency shall not pursue the suspension,
 
14           nonrenewal, nonreinstatement, nonrestoration, or denial
 
15           of the license;
 
16      (6)  A statement that an individual not in compliance with a
 
17           subpoena or warrant relating to a paternity or child
 
18           support proceeding may contact the agency in writing
 
19           within thirty days of the date of service of the notice
 
20           and enter into an agreement to provide the information
 
21           or appear at the proceedings, and if so, the agency
 
22           shall not pursue the suspension, nonrenewal,
 
23           nonreinstatement, nonrestoration, or denial of the
 

 
Page 30                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           license; and
 
 2      (7)  A statement that if the obligor or individual makes a
 
 3           timely request as specified in paragraph (4), the
 
 4           agency shall stay the action until a decision is made."
 
 5      SECTION 27.  Section 576D-15, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (b) to read as follows:
 
 7      "(b)  The financial institution shall provide to the agency,
 
 8 on a quarterly basis, the name, record address, [social security
 
 9 number or other] taxpayer identification number[,] other than a
 
10 social security number, and other identifying information for
 
11 each noncustodial parent who maintains an account at [such] the
 
12 institution and who owes past due support, as identified by the
 
13 agency by name [and social security number or other] or taxpayer
 
14 identification number[.] other than a social security number."
 
15      SECTION 28.  Section 576D-16, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  Beginning October 1, 1998, each employer in the State
 
18 shall report to the agency within twenty days of hire the name[,]
 
19 and address[, and social security number] of each new employee,
 
20 along with the name, federal identification number, and address
 
21 of the employer.  Each report shall be made on a W-4 form or its
 
22 equivalent, and may be transmitted by first class mail,
 
23 magnetically, or electronically.  If an employer is transmitting
 

 
Page 31                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 reports to the agency magnetically or electronically, the report
 
 2 shall be transmitted twice monthly not less than twelve days nor
 
 3 more than sixteen days apart.  The agency shall maintain these
 
 4 reports as the state directory of new hires."
 
 5      SECTION 29.  Section 576E-11, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "576E-11  Administrative orders; required findings.  Every
 
 8 order entered pursuant to this chapter shall specify, where
 
 9 applicable, the following:
 
10      (1)  The amount of periodic support to be paid by a party
 
11           with directions as to the manner of payment;
 
12      (2)  The amount of child support arrearage, if any, that has
 
13           accrued under an existing court or administrative
 
14           order;
 
15      (3)  The amount of public assistance debt, if any, accrued
 
16           under section 346-37.1;
 
17      (4)  The amount of the periodic payment to be made in
 
18           liquidation of [such] any public assistance debt, if
 
19           any, or child support arrearage, if any;
 
20      (5)  A statement that a party's taxes shall be set off
 
21           against the amount of such public assistance debt, if
 
22           any, or child support arrearage, if any;
 
23      (6)  The extent of the party's responsibility to provide
 

 
Page 32                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           medical insurance coverage for the dependent child
 
 2           involved in the case, or otherwise to pay the
 
 3           reasonable and necessary medical expenses of the
 
 4           dependent child; 
 
 5      (7)  The name and birth date of the dependent child;
 
 6      (8)  A statement that the property of the party is subject
 
 7           to collection action, including but not limited to,
 
 8           withholding of income, unemployment compensation,
 
 9           workers' compensation, and retirement benefits, seizure
 
10           of property, disclosure of information relating to the
 
11           party's debts to consumer credit reporting agencies,
 
12           and federal and state tax refund setoff;
 
13      (9)  A statement that violations of the administrative order
 
14           are punishable as contempt of court;
 
15     (10)  A statement notifying the parties of the right to
 
16           judicial review of administrative orders, and the
 
17           procedure for obtaining [such] a review; and
 
18     (11)  Identifying information for each party, including
 
19           [social security number,] residential and mailing
 
20           addresses, telephone number, driver's license number
 
21           [if different from the social security number], and
 
22           name, address, and telephone number of the party's
 
23           employer, unless there is a finding that [such] the
 

 
Page 33                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           disclosure of information would unreasonably put at
 
 2           risk the health, safety, or liberty of a party or
 
 3           child."
 
 4      SECTION 30.  Section 584-3.5, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  To expedite the establishment of paternity, each
 
 7 public and private birthing hospital or center and the department
 
 8 of health shall provide unwed parents the opportunity to
 
 9 voluntarily acknowledge the paternity of a child during the
 
10 period immediately prior to or following the child's birth.  The
 
11 voluntary acknowledgment of paternity shall be in writing and
 
12 shall consist of a single form signed under oath by both the
 
13 natural mother and the natural father and signed by a witness.
 
14 [The voluntary acknowledgment of paternity form shall include the
 
15 Social Security number of each parent.]  Prior to the signing of
 
16 the voluntary acknowledgment of paternity form, designated staff
 
17 members of [such] those facilities shall provide to both the
 
18 mother and the alleged father, if [he] the father is present at
 
19 the facility:
 
20      (1)  Written materials regarding paternity establishment;
 
21      (2)  Forms necessary to voluntarily acknowledge paternity;
 
22           and
 
23      (3)  Oral and written descriptions of the alternatives to,
 

 
Page 34                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           the legal consequences of, and the rights and
 
 2           responsibilities of acknowledging paternity, including,
 
 3           if one parent is a minor, any right afforded due to
 
 4           minority status.
 
 5 The completed voluntary acknowledgment forms shall clearly
 
 6 identify the name and position of the staff member who provides
 
 7 information to the parents regarding paternity establishment.
 
 8 The provision by designated staff members of the facility of the
 
 9 information required by this section shall not constitute the
 
10 unauthorized practice of law.  Each facility shall send to the
 
11 department of health the original acknowledgment of paternity
 
12 containing the [Social Security numbers, if available, of both
 
13 parents, with the] information required by the department of
 
14 health so that the birth certificate issued includes the name of
 
15 the legal father of the child, which shall be promptly recorded
 
16 by the department of health[.]; provided the department of health
 
17 shall not require the social security number of either parent."
 
18      SECTION 31.  Section 636-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "636-3 Judgment, lien when.  Any money judgment or decree
 
21 of a state court or the United States District Court for the
 
22 District of Hawaii shall be a lien upon real property when a copy
 
23 thereof, certified as correct by a clerk of the court where it is
 

 
Page 35                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 entered, is recorded in the bureau of conveyances.  No [such]
 
 2 lien shall continue beyond ten years after the date of the
 
 3 judgment.  Except as otherwise provided, every judgment shall
 
 4 contain or have endorsed on it the [social security number,]
 
 5 State of Hawaii general excise taxpayer identification number[,]
 
 6 or federal employer identification number, other than a social
 
 7 security number, for persons, corporations, partnerships, or
 
 8 other entities against whom the judgment is rendered.  If the
 
 9 judgment debtor has no [social security number,] State of Hawaii
 
10 general excise taxpayer identification number[,] or federal
 
11 employer identification number[,] other than a social security
 
12 number, or if that information is not in the possession of the
 
13 party seeking registration of the judgment, the judgment shall be
 
14 accompanied by a certificate that provides that the information
 
15 does not exist or is not in the possession of the party seeking
 
16 recordation of the judgment.  Failure to disclose or disclosure
 
17 of an incorrect [social security number,] State of Hawaii general
 
18 excise taxpayer identification number[,] or federal employer
 
19 identification number shall not in any way adversely affect or
 
20 impair the lien created upon recordation of the judgment.  When
 
21 any [such] judgment is fully paid, the creditor or the creditor's
 
22 attorney of record in the action shall, at the expense of the
 
23 debtor, execute, acknowledge, and deliver to the debtor a
 

 
Page 36                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 satisfaction thereof, which may be recorded in the bureau.  Every
 
 2 satisfaction or assignment of judgment shall contain a reference
 
 3 to the book and page or document number of the registration of
 
 4 the original judgment.  The recording fees for a judgment and for
 
 5 each assignment or satisfaction of judgment shall be as provided
 
 6 by section 502-25.
 
 7      In the case of registered land, section 501-102 and chapter
 
 8 501, part     shall govern."
 
 9      SECTION 32.  Section 803-6, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c) to read as follows:
 
11      "(c)  The citation shall contain:
 
12      (1)  Name and current address of offender; 
 
13     [(2)  Social security number;]
 
14     [(3)] (2)  Description of offender; 
 
15     [(4)] (3)  Nature of the offense; 
 
16     [(5)] (4)  Time and date; 
 
17     [(6)] (5)  Notice of time and date for court appearance; 
 
18     [(7)] (6)  Signature of officer (badge); 
 
19     [(8)] (7)  Signature of offender agreeing to court
 
20           appearance; 
 
21     [(9)] (8)  Remarks; and
 
22    [(10)] (9)  Notice-you are hereby directed to appear at the
 
23           time and place designated above to stand trial for the
 

 
Page 37                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           offense indicated.  A failure to obey this citation may
 
 2           result in a fine or imprisonment, or both."
 
 3      SECTION 33.  Section 846-28, Hawaii Revised Statutes is
 
 4 amended to read as follows:
 
 5      "846-28  Information to be secured.  The department of the
 
 6 attorney general shall require, collect, secure, make, and
 
 7 maintain a record of the following items of information so far as
 
 8 it is practicable to secure the same, with respect to each
 
 9 applicant for registration:
 
10      (1)  The name of the person applying to be registered
 
11           (hereinafter called the "registrant" or "applicant"),
 
12           the street and number or address of the applicant's
 
13           place of permanent residence, and the applicant's
 
14           residence and business telephone numbers, if any;
 
15      (2)  The applicant's occupation and any pertinent data
 
16           relating thereto;
 
17      (3)  The applicant's nationality or racial extraction;
 
18      (4)  The applicant's citizenship;
 
19      (5)  The date and place of the applicant's birth;
 
20      (6)  The applicant's personal description including sex,
 
21           height, weight, hair, eyes, complexion, build, scars,
 
22           and marks;
 
23      (7)  The applicant's right thumbprint or, if the applicant
 

 
Page 38                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           has no right thumb, other identifying imprint as
 
 2           specified by rules of the department; provided that
 
 3           this requirement shall not apply to minors until they
 
 4           reach the age of three years; and
 
 5      (8)  The name, relationship, and address of the nearest
 
 6           relative or other person to be notified in case of
 
 7           sickness, accident, death, emergency, or need of the
 
 8           applicant, if [such] notification is desired[; and
 
 9      (9)  The social security number of the applicant]."
 
10      SECTION 34.  Section 846-30, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "846-30  Identification certificates; form.  The department
 
13 of the attorney general, after taking the thumbprint of each
 
14 registrant as provided in this part (except as otherwise provided
 
15 in the case of children under three years of age), and after
 
16 securing the information required by or pursuant to this part,
 
17 shall issue to each registrant a certificate of identification in
 
18 [such] a form, and with [such] any information, [as] that the
 
19 attorney general deems necessary and practicable, the certificate
 
20 to contain, among other things:  [the registrant's social
 
21 security number; the]
 
22      (1)  The date of issue; [the]
 
23      (2)  The registrant's legal name, residence, citizenship,
 

 
Page 39                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           and date of birth[, the];
 
 2      (3)  The registrant's signature[, a];
 
 3      (4)  A facsimile signature of the attorney general[, a];
 
 4      (5)  A facsimile signature of the officer or employee
 
 5           issuing the certificate (to be designated as the
 
 6           "administrator of the data center")[, the];
 
 7      (6)  The name and address of the person to be notified in
 
 8           case of need[,]; and [such]
 
 9      (7)  Any other personal identification data [as] that the
 
10           attorney general deems necessary and practicable[.];
 
11 provided that the registrant's social security number shall not
 
12 appear on the certificate of identification."
 
13      SECTION 35.  Section 846-35, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  All information and records acquired by the department
 
16 of the attorney general under this part shall be confidential.
 
17 All information and records shall be maintained in an appropriate
 
18 form and in an appropriate office in the custody and under the
 
19 control of the department, which shall at all times be kept
 
20 separate from any similar records relating to the identification
 
21 of criminals.  The information shall be available only to
 
22 authorized persons in the department, and [such] any other
 
23 persons or agencies [as] that the attorney general shall
 

 
Page 40                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 authorize, under [such] any restrictions [as] that the attorney
 
 2 general shall prescribe.  The attorney general may dispose of any
 
 3 application or certificate of registration, or information or
 
 4 record relating to [such] the application or certificate of
 
 5 registration, [which does not include a social security number,]
 
 6 without regard to the provisions of chapter 94, whenever, in the
 
 7 attorney general's discretion, retention of [such] the
 
 8 information or record is no longer required or practicable."
 
 9      SECTION 36.  Section 846-41, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]846-41[]]  Employees of cooperative housing
 
12 corporations and condominiums; background check.  The board of
 
13 directors of a cooperative housing corporation or of an
 
14 association of apartment owners, or the manager of a cooperative
 
15 housing project or a condominium project, upon the written
 
16 authorization of an applicant for employment as security guard or
 
17 manager or for a position that would allow the employee access to
 
18 the keys of or entry into the units in the project, or access to
 
19 corporation or association funds, may conduct a background check
 
20 on the applicant or direct another responsible party to conduct
 
21 the check.  Before initiating or requesting a check, the board of
 
22 directors or the manager first shall certify that the signature
 
23 on the authorization is authentic and that the person is an
 

 
Page 41                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 applicant for employment.  The background check, at a minimum,
 
 2 shall require the applicant to disclose whether:
 
 3      (1)  The applicant has been convicted in any jurisdiction of
 
 4           a crime that would tend to indicate the applicant may
 
 5           be unsuited for employment as an employee with access
 
 6           to corporation funds [or], association funds, or the
 
 7           keys of or entry into the units in the project; and
 
 8      (2)  The judgment of conviction has not been vacated[.];
 
 9 provided that the applicant shall not be required to disclose the
 
10 applicant's social security number.
 
11      For the purpose of this section, the criminal history
 
12 disclosure made by the applicant may be verified by the board of
 
13 directors, manager, or other responsible party, if so directed by
 
14 the board or the manager, by means of information obtained
 
15 through the data center.  The board or manager may conduct a
 
16 criminal history record check directly through the Hawaii
 
17 criminal justice data center.  The applicant shall provide the
 
18 Hawaii criminal justice data center with personal identifying
 
19 information which shall include, at a minimum, the applicant's
 
20 name, [social security number,] date of birth, and sex[.];
 
21 provided the applicant shall not be required to provide the
 
22 Hawaii criminal justice data center with the applicant's social
 
23 security number.  [This] All information shall be secured only
 

 
Page 42                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1 for the purpose of conducting the criminal history record check
 
 2 authorized by this section.  Failure of a cooperative housing
 
 3 corporation or the manager or an association of apartment owners
 
 4 or the manager, to conduct or verify or cause to have conducted
 
 5 or verified a background check shall not alone give rise to any
 
 6 private cause of action against the corporation, association, or
 
 7 manager for acts and omissions of the employee hired."
 
 8      SECTION 37.  Section 846-42, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  The county liquor commissions may request a background
 
11 check on an applicant for a liquor license.  For the purposes of
 
12 this section, "criminal history record check" means an
 
13 examination or search for evidence of an individual's criminal
 
14 history by means of:
 
15      (1)  A search for the individual's fingerprints in the
 
16           national criminal history record files and, if found,
 
17           an analysis and any other information available
 
18           pertaining thereto; and
 
19      (2)  A criminal history record check conducted by the
 
20           Hawaii criminal justice data center; provided that the
 
21           Hawaii criminal justice data center may charge a
 
22           reasonable fee for criminal history record checks
 
23           performed.
 

 
Page 43                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1      The background check, at a minimum, shall require the
 
 2 applicant to disclose whether:
 
 3      (1)  The applicant has been convicted in any jurisdiction of
 
 4           a crime that would tend to indicate the applicant may
 
 5           be unsuited for obtaining a liquor license; and
 
 6      (2)  The judgment of conviction has not been vacated.
 
 7      For the purpose of this section, the criminal history
 
 8 disclosure made by the applicant may be verified by the liquor
 
 9 commission by means of information obtained through the Hawaii
 
10 criminal justice data center.  The applicant shall provide the
 
11 Hawaii criminal justice data center with personal identifying
 
12 information which shall include, at a minimum, the applicant's
 
13 name, [social security number,] date of birth, and sex[.];
 
14 provided the applicant shall not be required to provide the
 
15 Hawaii criminal justice data center with the applicant's social
 
16 security number.  [This] All information shall be secured only
 
17 for the purpose of conducting the criminal history record check
 
18 authorized by this section."
 
19      SECTION 38.  Section 846E-2, Hawaii Revised Statutes, is
 
20 amended by amending subsection (b) to read as follows:
 
21      "(b)  Registration information for each sex offender shall
 
22 consist of a recent photograph, verified fingerprints, and a
 
23 signed statement by the sex offender containing:
 

 
Page 44                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1      (1)  Name and all aliases used by the sex offender or under
 
 2           which the sex offender has been known and other
 
 3           identifying information, including date of birth,
 
 4           [social security number,] sex, race, height, weight,
 
 5           and hair and eye color;
 
 6      (2)  The legal address and telephone number of the sex
 
 7           offender's residence or mailing address, or any
 
 8           current, temporary address where the sex offender
 
 9           resides, and for each address how long the sex offender
 
10           has resided there;
 
11      (3)  The legal address and telephone number where the sex
 
12           offender is staying for a period of more than ten days,
 
13           if other than the stated residence;
 
14      (4)  The future address and telephone number where the sex
 
15           offender is planning to reside, if other than the
 
16           stated residence;
 
17      (5)  Names and legal addresses of current and known future
 
18           employers and the starting and ending dates of any such
 
19           employment;
 
20      (6)  The year, make, model, color, and license number of all
 
21           vehicles currently owned or operated by the sex
 
22           offender;
 
23      (7)  A summary of the criminal offenses against victims who
 

 
Page 45                                                    
                                     S.B. NO.           980
                                                        
                                                        

 
 1           were minors and sexually violent offenses for which the
 
 2           sex offender has been convicted [or], found unfit to
 
 3           proceed, or acquitted pursuant to chapter 704;
 
 4      (8)  A statement indicating whether the sex offender has
 
 5           received or is currently receiving treatment for mental
 
 6           abnormality or personality disorder;
 
 7      (9)  A statement indicating whether the sex offender is a
 
 8           United States citizen; and
 
 9     (10)  Any additional identifying information about the sex
 
10           offender."
 
11      SECTION 39.  Section 571-84.5, Hawaii Revised Statutes, is
 
12 repealed.
 
13      ["571-84.5  Support order, decree, judgment, or
 
14 acknowledgment; social security number.  The social security
 
15 number of any individual who is a party to a divorce decree, or
 
16 subject to a support order or paternity determination, or has
 
17 made an acknowledgment of paternity issued under this chapter or
 
18 chapter 576B, 580, or 584 shall be placed in the records relating
 
19 to the matter."]
 
20      SECTION 40.  Section 580-16, Hawaii Revised Statutes, is
 
21 repealed.
 
22      ["[580-16]  Divorce decree, support order; social security
 
23 number.  The social security number of any individual who is
 

 
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                                     S.B. NO.           980
                                                        
                                                        

 
 1 party to a divorce decree or subject to a support order issued
 
 2 under this chapter shall be placed in the records relating to the
 
 3 matter."]
 
 4      SECTION 41.  Section 584-23.5, Hawaii Revised Statutes, is
 
 5 repealed.
 
 6      ["[584-23.5]  Paternity judgment, acknowledgment, support
 
 7 order; social security number.  The social security number of any
 
 8 individual who is subject to a paternity judgment or
 
 9 acknowledgment, or support order issued under this chapter shall
 
10 be placed in the records relating to the matter."]
 
11      SECTION 42.  All agencies may charge a reasonable fee to
 
12 cover the cost of converting social security number identifiers
 
13 to other identifying number systems, and to reprint application
 
14 forms without the social security number requirement.
 
15 Additionally, the examiner of drivers and the department of the
 
16 attorney general may charge a reasonable fee to cover the cost of
 
17 issuing new driver's licenses and identification certificates by
 
18 January 1, 2000.  No driver's license or identification
 
19 certificate having thereon a social security number shall be
 
20 valid after December 31, 1999.
 
21      SECTION 43.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 44.  This Act shall take effect on January 1, 2000.
 
 2 
 
 3                           INTRODUCED BY:  _______________________