Report Title:

Biometric Identifiers; Prohibition; Check Cashing

 

Description:

Prohibits the use of biometric identifiers, such as fingerprints, thumbprints, voice prints, or retinal scans, as a means of identification in check cashing or account opening transactions by financial institutions and check cashers. Imposes civil penalties.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1695

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BIOMETRIC IDENTIFIERS.

 

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

SECTION 1. The purpose of this Act is to protect the privacy of Hawaii citizens by prohibiting the use of biometric identifiers, such as fingerprints, voice prints, or retinal scans, as a means of identification in check cashing or account opening transactions by financial institutions in Hawaii, including banks, credit unions, and savings and loan associations, as well as by check cashers. The legislature finds that the potential infringement on constitutional privacy guarantees and misuse of the personal identifying information of Hawaii citizens in these cases warrant the protection of this Act.

SECTION 2. Chapter 412, Hawaii Revised Statutes, is amended by adding a new section to article 2 to be appropriately designated and to read as follows:

"§412:2- Biometric identifiers. (a) No financial institution or check casher may request or require a customer to provide a biometric identifier when cashing a check or opening a new account.

(b) Any financial institution or check casher that violates this section is subject to a civil penalty of not less than $1,000 and not more than $10,000 per violation, as determined by the commissioner of financial institutions.

(c) For the purposes of this section:

"Biometric identifier" means a fingerprint, thumbprint, voice print, retinal scan, or other biologically based characteristic that may be used to identify an individual.

"Check" has the same meaning as defined in section 490:3-104(f). "Check" does not include a traveler's check as defined in section 490:3-104(i), or a foreign denomination or foreign drawn payment instrument.

"Check casher" means a person or entity that engages in the business of cashing checks for a fee."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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