Report Title:

Identity Theft

Description:

Prohibits the use of social security numbers for recordkeeping, identification, or informational purposes on any state or county government document unless specifically authorized by federal law.

HOUSE OF REPRESENTATIVES

H.B. NO.

1759

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO IDENTIFICATION.

 

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

SECTION 1. Identity theft is one of the fastest growing crimes in this country. Identity theft occurs when someone uses bits and pieces of information about an individual--usually the victim's social security number--to represent himself or herself as the victim for fraudulent purposes. The end result can be disastrous for the victim. The thief could run up thousands of dollars in bills in the victim's name, ruin the victim's credit, commit a crime, and establish a criminal record in the victim's identity.

Under federal law, victims are not liable for the bills accumulated by the imposters. But they do have the anxiety and frustration of spending months, even years, regaining their financial health and restoring their good credit history. Banks sometimes absorb the costs of identity theft-related crimes, but their losses eventually will be passed on to consumers.

Although social security numbers are required by the Internal Revenue Service and other government agencies for specified purposes, numerous state and county agencies may use social security numbers unnecessarily for recordkeeping or identification purposes.

One way to reduce the chance of being victimized by an identity thief is to limit the amount of personal information available to the public. A person's social security number is the key to that person's credit and banking accounts and is the prime target of criminals.

The legislature finds that the ease of government recordkeeping does not outweigh an individual's right to social security number privacy where privacy is a means of affording protection from potential identity theft. The legislature believes that social security numbers should be protected and released only when absolutely necessary and that the continued use of social security numbers for recordkeeping purposes, and for driver's license and identification certificate numbers is unnecessary and not responsive to the threat of this growing crime.

The purpose of this Act is to prohibit the use of social security numbers for recordkeeping, identification, or informational purposes on any state or county government document unless specifically authorized by federal law.

SECTION 2. Chapter 1, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"1- Use of social security numbers for identification purposes. No agency, except the department of taxation, shall require or use social security numbers for identification purposes when compliance with federal law or the receipt of any federal benefit necessitates the use of social security numbers for identification purposes."

SECTION 3. Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The following are examples of information in which the individual has a significant privacy interest:

(1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;

(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;

(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:

(A) Information disclosed under section 92F-12(a)(14); and

(B) The following information related to employment misconduct that results in an employee's suspension or discharge:

(i) The name of the employee;

(ii) The nature of the employment related misconduct;

(iii) The agency's summary of the allegations of misconduct;

(iv) Findings of fact and conclusions of law; and

(v) The disciplinary action taken by the agency;

when the following has occurred: the highest non-judicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision; provided that this subparagraph shall not apply to a county police department officer except in a case which results in the discharge of the officer;

(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;

(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;

(B) Information on the current place of employment and required insurance coverages of licensees; and

(C) The record of complaints including all dispositions; [and]

(8) Information comprising a personal recommendation or evaluation[.]; and

(9) An individual's social security number."

SECTION 4. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The permit application form shall include the applicant's name, address, sex, height, weight, date of birth, place of birth, [social security number,] and information regarding the applicant's mental health history and shall require the fingerprinting and photographing of the applicant by the police department of the county of registration; provided that where fingerprints and photograph are already on file with the department, these may be waived."

SECTION 5. Section 184-5.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]184-5.1[]] Arrest. Except when authorized by law to immediately take a person before a magistrate when the person is arrested for violation of [the]:

(1) The state parks, historical objects and sites, and outdoor recreation laws and [regulations; traffic] rules;

(2) Traffic laws and ordinances; and [the]

(3) The laws of the State and the rules [and regulations] of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific, and related resources of state and private lands;

[before a magistrate, any state parks enforcement officer upon arresting any person for violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state and private lands] upon arresting a person for a violation described in paragraphs (1) through (3), the state parks enforcement officer shall take the name, address, [social security number] and other pertinent information of the person [and]; provided that the state parks enforcement officer shall not require the person's social security number. The state parks enforcement officer shall issue to the person a summons and citation, printed in the form hereinafter described, mandating a warning to the person to appear and answer to the charge against the person at a certain place and at a time within seven days after the arrest."

SECTION 6. Section 231-57.5, Hawaii Revised Statutes, is amended to read as follows:

"231-57.5 Notification of address [and social security number] of debtor parent. The department of accounting and general services shall notify the child support enforcement agency of the address [and social security number] of each debtor who has been subject to a setoff because of a child support debt."

SECTION 7. Section 286-239, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The commercial driver's license shall be marked "CDL" and, to the maximum extent practicable, shall be tamperproof and include, but not be limited to, the following with respect to the licensee:

(1) The name and residence address;

(2) A color photograph;

(3) A physical description including sex and height;

(4) Date of birth;

[(5) Social security number;

(6)] (5) Signature;

[(7)] (6) The class or type of commercial motor vehicle or vehicles which may be driven together with any endorsements or restrictions;

[(8)] (7) The name of this State; and

[(9)] (8) The issuance and expiration dates of the license.

The licensee's social security number shall not be displayed on the licensee's commercial driver's license."

SECTION 8. Section 302A-602.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon revocation of the license, the board may disclose the name, birthdate, [social security number,] and any other pertinent information about the former holder of the license related to the revocation for the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses revoked[.]; provided that the department shall not disclose the social security number of the former holder of the certificate."

SECTION 9. Section 302A-807, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Upon revocation of a license or credential, the board may disclose the name, birthdate, [social security number,] and any other pertinent information about the former holder of the license or credential:

(1) To the department; and

(2) For the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses or credentials revoked[.];

provided that the board shall not disclose the social security number of the former licensee or credential holder."

SECTION 10. Section 329-1, Hawaii Revised Statutes, is amended by amending the definition of "identification number" to read as follows:

""Identification number" means, with respect to a patient:

(1) The unique, valid driver's license number of the patient, followed by the two-digit United States Postal Service code for the state issuing the driver's license or, if the patient is a foreign patient, the patient's passport number. If the patient does not have a driver's license, the "identification number" means [the patient's social security number,] an identifying number, other than a social security number, followed by the patient's state of residency code. If the patient is less than eighteen years old and has no such identification, the identification number means the unique number contained on the valid driver's license of the patient's parent or guardian; or

(2) If the controlled substance is obtained for an animal, the unique number described in paragraph (1) of the animal's owner."

SECTION 11. Section 338-11, Hawaii Revised Statutes, is amended to read as follows:

"338-11 Form of certificates. The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. [In addition, the forms of death certificates shall require the individual's social security number.] The form and use of the certificates shall be subject to sections 338-16 to 338-18."

SECTION 12. Section 436B-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Application for a license shall be made on an application form to be furnished by the licensing authority. An applicant shall provide the following information on the application form:

(1) The applicant's legal name;

(2) Affirmation that the applicant is beyond the age of majority;

(3) The applicant's current residence, business and mailing addresses, and phone numbers;

[(4) The applicant's social security number if the licensing authority is authorized by federal law to require the disclosure;

(5)] (4) The date and place of any conviction of a penal crime directly related to the profession or vocation in which the applicant is applying for licensure, unless the conviction has been expunged or annulled, or is otherwise precluded from consideration by section 831-3.1;

[(6)] (5) Proof that the applicant is a United States citizen, a United States national, or an alien authorized to work in the United States;

[(7)] (6) Disclosure of similar licensure in any state or territory;

[(8)] (7) Disclosure of disciplinary action by any state or territory against any license held by the applicant; and

[(9)] (8) Any other information the licensing authority may require to investigate the applicant's qualifications for licensure[.]; provided that the licensing authority shall not require the applicant's social security number.

Failure to provide the above information and pay the required fees shall be grounds to deny the application for licensure."

SECTION 13. Section 501-151, Hawaii Revised Statutes, is amended to read as follows:

"501-151 Pending actions, judgments; recording of, notice. No writ of entry, action for partition, or any action affecting the title to real property or the use and occupation thereof or the buildings thereon, and no judgment, nor any appeal or other proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a full memorandum thereof, containing also a reference to the number of certificate of title of the land affected is filed or recorded and registered. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon recording of the judgment. This section does not apply to attachments, levies of execution, or to proceedings for the probate of wills, or for administration in a probate court; provided that in case notice of the pendency of the action has been duly registered it is sufficient to register the judgment in the action within sixty days after the rendition thereof.

As used in this chapter "judgment" includes an order or decree having the effect of a judgment.

Notice of the pendency of an action in a United States District Court, as well as a court of the State of Hawaii, may be recorded."

SECTION 14. Section 502-33, Hawaii Revised Statutes, is amended to read as follows:

"502-33 Identification of reference to registration of original. The registrar shall not record any instrument requiring a reference to a prior recorded instrument, unless the same contains a reference to the book and page or document number of the registration of the original recorded instrument or a statement that the original instrument is unrecorded, as the case may be. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon registration of the judgment. No amendment, continuation statement, termination statement, statement of assignment, or statement of release relating to security interests in goods which are or are to become fixtures shall be filed unless it complies with the requirements of part 5 of Article 9 of the Uniform Commercial Code. This section does not apply to any document mentioned herein executed prior to April 13, 1915."

SECTION 15. Section 504-1, Hawaii Revised Statutes, is amended to read as follows:

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

SECTION 16. Section 571-52.6, Hawaii Revised Statutes, is amended to read as follows:

"571-52.6 Child support order, judgment, or decree; accident and sickness insurance coverage. Each order, judgment, or decree under this chapter or chapter 576B, 580, or 584 ordering a person to pay child support shall include the following provisions:

(1) Both the obligor and the obligee are required to file with the state case registry, through the child support enforcement agency, upon entry of the child support order and to update as appropriate, information on the identity and location of the party, including [social security number,] residential and mailing addresses, telephone number, driver's license number [if different from social security number], and name, address, and telephone number of the party's employer; and

(2) The liability of that person for accident and sickness insurance coverage when available at reasonable cost."

SECTION 17. Section 572-6, Hawaii Revised Statutes, is amended to read as follows:

"572-6 Application; license; limitations. To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: [the]

(1) Each person's full name, date of birth, [social security number,] and residence; [their]

(2) Their relationship, if any; [the]

(3) The full names of their parents; and [that]

(4) That all prior marriages, if any, have been dissolved by death or dissolution.

If all prior marriages have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall [indorse] endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license which shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.

It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in [such] the manner and [on such] form as [the department may prescribe] may be prescribed by the department."

SECTION 18. Section 576B-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter [must] shall verify the petition. Unless otherwise ordered under section 576B-312, the petition or accompanying documents [must] provide, so far as is known, the name[,] and residential address[, and social security numbers] of the obligor and the obligee, and the name, sex, residential address, [social security number,] and date of birth of each child for whom support is sought. The petition [must] shall be accompanied by a certified copy of any support order in effect. The petition may include any other information, except the respondent's social security number, that may assist in locating or identifying the respondent."

SECTION 19. Section 576B-602, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A support order or income withholding order of another state may be registered in this State by sending the following documents and information to the registering tribunal:

(1) A letter of transmittal to the registering tribunal requesting registration and enforcement;

(2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) The name of the obligor and, if known:

(A) The obligor's address [and social security number];

(B) The name and address of the obligor's employer and any other source of income of the obligor; and

(C) A description and the location of property of the obligor in this State not exempt from execution; and

(5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted."

SECTION 20. Section 576D-10.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) A lien shall be enforceable by the child support enforcement agency or its designated counsel or by the obligee in the following manner:

(1) By suit in the appropriate court;

(2) By bringing an action in an administrative tribunal;

(3) By filing and serving a notice of child support lien; or

(4) By any lawful means of collection.

A notice of child support lien shall state the name [and social security number (if available)] of the obligor, the child support enforcement case number, the amount of the lien and the through date (if applicable), the accruing monthly amount, and the date on which the order or judgment regarding child support or public assistance debt was recorded with the bureau of conveyances. The notice shall require that whoever is served with a notice of child support lien either satisfy the lien or obtain a release of the lien prior to disbursing any funds to the obligor. The method of service of a notice of child support lien shall be by certified mail, return receipt requested, or by personal delivery to the individual or entity referred to. A copy of the notice of child support lien shall also be sent to the obligor by regular mail at the obligor's last known address. Upon service of a notice of child support lien, the individual or entity served shall withhold the amount of the lien from the proceeds of any estate, judgment, settlement, compromise, vacation or holiday pay, or other benefits due the obligor and deliver the funds to the child support enforcement agency. A notice of child support lien may be amended from time to time until extinguished or released, each amendment taking effect upon proper service. A notice of child support lien shall remain in effect until satisfied, extinguished, or released."

SECTION 21. Section 576D-13, Hawaii Revised Statutes, is amended by amending as follows:

1. By amending subsection (b) to read:

"(b) The notice shall be sent by regular mail to both the last known address of record of the obligor or individual as shown in the records of the licensing authority and the address of record of the obligor or individual as shown in the agency's child support record. For purposes of this section, the date of service means two days following the date of mailing. The notice shall contain the following information:

(1) Identification of the license, certificate, permit, or registration subject to suspension, nonrenewal, nonreinstatement, nonrestoration, or denial;

(2) The name, [social security number, if available,] date of birth, if known, and each applicable child support case number or numbers of the obligor or individual;

(3) The amount of the arrears, the amount of the monthly child support obligation, and reference to the support order upon which the support amount and arrears are based or the subpoena or warrant that the individual has failed to comply with;

(4) A statement that the obligor or individual may contest the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of a license by requesting a hearing in writing within thirty days of the date of service of the notice of intent to suspend, not renew, not reinstate, not restore, or deny the license;

(5) A statement that the obligor may contact the agency in writing within thirty days of the date of service of the notice and enter into a monthly payment agreement for the arrears owed, and if an agreement is entered into within thirty days of making contact with the agency, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license;

(6) A statement that an individual not in compliance with a subpoena or warrant relating to a paternity or child support proceeding may contact the agency in writing within thirty days of the date of service of the notice and enter into an agreement to provide the information or appear at the proceedings, and if so, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license; and

(7) A statement that if the obligor or individual makes a timely request as specified in paragraph (4), the agency shall stay the action until a decision is made."

2. By amending subsection (i) to read:

(i) The agency shall adopt rules necessary for the implementation and administration of this section. The licensing authority shall adopt rules necessary for the implementation and administration of this section. [The appropriate licensing authority shall require that the social security number of any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application for those licenses. The social security number shall be used solely for purposes of this chapter for child support enforcement and identification.]"

SECTION 22. Section 576D-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The financial institution shall provide to the agency, on a quarterly basis, the name, record address, [social security number or other] taxpayer identification number[,] other than a social security number, and other identifying information for each noncustodial parent who maintains an account at [such] the institution and who owes past due support, as identified by the agency by name and [social security number or other] taxpayer identification number[.] other than a social security number. The information provided by the financial institution shall also include the name and last known address of all account holders of any account reported under this section."

SECTION 23. Section 576D-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire the name[,] and address[, and social security number] of each new employee, along with the name, federal identification number, and address of the employer. Each report shall be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically, or electronically. If an employer is transmitting reports to the agency magnetically or electronically, the report shall be transmitted twice monthly not less than twelve days nor more than sixteen days apart. The agency shall maintain these reports as the state directory of new hires."

SECTION 24. Section 576E-11, Hawaii Revised Statutes, is amended to read as follows:

"576E-11 Administrative orders; required findings. Every order entered pursuant to this chapter shall specify, where applicable, the following:

(1) The amount of periodic support to be paid by a party with directions as to the manner of payment;

(2) The amount of child support arrearage, if any, that has accrued under an existing court or administrative order;

(3) The amount of public assistance debt, if any, accrued under section 346-37.1;

(4) The amount of the periodic payment to be made in liquidation of [such] any public assistance debt, if any, or child support arrearage, if any;

(5) A statement that a party's taxes shall be set off against the amount of such public assistance debt, if any, or child support arrearage, if any;

(6) The extent of the party's responsibility to provide medical insurance coverage for the dependent child involved in the case, or otherwise to pay the reasonable and necessary medical expenses of the dependent child;

(7) The name and birth date of the dependent child;

(8) A statement that the property of the party is subject to collection action, including but not limited to, withholding of income, unemployment compensation, workers' compensation, and retirement benefits, seizure of property, disclosure of information relating to the party's debts to consumer credit reporting agencies, and federal and state tax refund setoff;

(9) A statement that violations of the administrative order are punishable as contempt of court;

(10) A statement notifying the parties of the right to judicial review of administrative orders, and the procedure for obtaining [such] a review; and

(11) Identifying information for each party, including [social security number,] residential and mailing addresses, telephone number, driver's license number [if different from the social security number], and name, address, and telephone number of the party's employer, unless there is a finding that [such] the disclosure of information would unreasonably put at risk the health, safety, or liberty of a party or child."

SECTION 25. Section 584-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"584-3.5 Expedited process of paternity. (a) To expedite the establishment of paternity, each public and private birthing hospital or center and the department of health shall provide unwed parents the opportunity to voluntarily acknowledge the paternity of a child during the period immediately prior to or following the child's birth. The voluntary acknowledgment of paternity shall be in writing and shall consist of a single form signed under oath by both the natural mother and the natural father and signed by a witness. [The voluntary acknowledgment of paternity form shall include the social security number of each parent.] Prior to the signing of the voluntary acknowledgment of paternity form, designated staff members of [such] those facilities shall provide to both the mother and the alleged father, if [he] the father is present at the facility:

(1) Written materials regarding paternity establishment;

(2) Forms necessary to voluntarily acknowledge paternity; and

(3) Oral, video, or audio, and written descriptions of the alternatives to, the legal consequences of, and the rights and responsibilities of acknowledging paternity, including, if one parent is a minor, any right afforded due to minority status.

The completed voluntary acknowledgment forms shall clearly identify the name and position of the staff member who provides information to the parents regarding paternity establishment. The provision by designated staff members of the facility of the information required by this section shall not constitute the unauthorized practice of law. Each facility shall send to the department of health the original acknowledgment of paternity containing the [social security numbers, if available, of both parents, with the] information required by the department of health so that the birth certificate issued includes the name of the legal father of the child, which shall be promptly recorded by the department of health[.]; provided that the department of health shall not require the social security number of either parent."

SECTION 26. Section 636-3, Hawaii Revised Statutes, is amended to read as follows:

"636-3 Judgment, lien when. Any money judgment or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances. No [such] lien shall continue beyond ten years after the date of the judgment. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, other than a social security number, for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, other than a social security number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking recordation of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment. When any [such] judgment is fully paid, the creditor or the creditor's attorney of record in the action shall, at the expense of the debtor, execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment shall contain a reference to the book and page or document number of the registration of the original judgment. The recording fees for a judgment and for each assignment or satisfaction of judgment shall be as provided by section 502-25.

In the case of registered land, section 501-102 and sections 501-241 to 501-248 shall govern."

SECTION 27. Section 803-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The citation shall contain:

(1) Name and current address of offender;

[(2) Social security number;

(3)] (2) Description of offender;

[(4)] (3) Nature of the offense;

[(5)] (4) Time and date;

[(6)] (5) Notice of time and date for court appearance;

[(7)] (6) Signature of officer (badge);

[(8)] (7) Signature of offender agreeing to court appearance;

[(9)] (8) Remarks; and

[(10)] (9) Notice-you are hereby directed to appear at the time and place designated above to stand trial for the offense indicated. A failure to obey this citation may result in a fine or imprisonment, or both."

SECTION 28. Section 846-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of the attorney general shall require, collect, secure, make, and maintain a record of the following items of information so far as it is practicable to secure the same, with respect to each applicant for registration:

(1) The name of the person applying to be registered (hereinafter called the "registrant" or "applicant"), the street and number or address of the applicant's place of permanent residence, and the applicant's residence and business telephone numbers, if any;

(2) The applicant's occupation and any pertinent data relating thereto;

(3) The applicant's racial extraction;

(4) The applicant's citizenship;

(5) The date and place of the applicant's birth;

(6) The applicant's personal description including sex, height, weight, hair, eyes, complexion, build, scars, and marks;

(7) The applicant's right and left index fingerprints or, if the applicant has no right index finger or left index finger, other identifying imprint as specified by rules of the department; provided that this requirement shall not apply to minors until they reach the age of three years; and

(8) The name, relationship, and address of the nearest relative or other person to be notified in case of sickness, accident, death, emergency, or need of the applicant, if [such] notification is desired[; and

(9) The social security number of the applicant]."

SECTION 29. Section 846-30, Hawaii Revised Statutes, is amended to read as follows:

"846-30 Identification certificates; form. The department of the attorney general, after taking the fingerprints of each registrant as provided in this part (except as otherwise provided in the case of children under three years of age), and after securing the information required by or pursuant to this part, shall issue to each registrant a certificate of identification in [such] a form, and with [such] any information, as the attorney general deems necessary and practicable[.]; provided that the registrant's social security number shall not appear on the certificate of identification."

SECTION 30. Section 846-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All information and records acquired by the department of the attorney general under this part shall be confidential. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the department, which shall at all times be kept separate from any similar records relating to the identification of criminals. The information shall be available only to authorized persons in the department, and [such] any other persons or agencies [as] that the attorney general shall authorize, under [such] any restrictions [as] that the attorney general shall prescribe. The attorney general may dispose of any application or certificate of registration, or information or record relating to [such] the application or certificate of registration, [which does not include a social security number,] without regard to the provisions of chapter 94, whenever, in the attorney general's discretion, retention of [such] the information or record is no longer required or practicable."

SECTION 31. Section 846-41, Hawaii Revised Statutes, is amended to read as follows:

"[[]846-41[]] Employees of cooperative housing corporations and condominiums; background check. The board of directors of a cooperative housing corporation or of an association of apartment owners, or the manager of a cooperative housing project or a condominium project, upon the written authorization of an applicant for employment as security guard or manager or for a position that would allow the employee access to the keys of or entry into the units in the project or access to corporation or association funds, may conduct a background check on the applicant or direct another responsible party to conduct the check. Before initiating or requesting a check, the board of directors or the manager first shall certify that the signature on the authorization is authentic and that the person is an applicant for employment. The background check, at a minimum, shall require the applicant to disclose whether:

(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for employment as an employee with access to corporation funds [or], association funds, or the keys of or entry into the units in the project; and

(2) The judgment of conviction has not been vacated[.]; provided that the applicant shall not be required to disclose the applicant's social security number.

For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the board of directors, manager, or other responsible party, if so directed by the board or the manager, by means of information obtained through the data center. The board or manager may conduct a criminal history record check directly through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, [social security number,] date of birth, and sex[. This]; provided that the applicant shall not be required to provide the Hawaii criminal justice data center with the applicant's social security number. All information shall be secured only for the purpose of conducting the criminal history record check authorized by this section. Failure of a cooperative housing corporation or the manager or an association of apartment owners or the manager, to conduct or verify or cause to have conducted or verified a background check shall not alone give rise to any private cause of action against the corporation, association, or manager for acts and omissions of the employee hired."

SECTION 32. Section 846-42, Hawaii Revised Statutes, is amended to read as follows:

"[[]846-42[]] County liquor commissions; criminal history record check. (a) The county liquor commissions may request a background check on an applicant for a liquor license. [For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of:

(1) A search for the individual's fingerprints in the national criminal history record files and, if found, an analysis and any other information available pertaining thereto; and

(2) A criminal history record check conducted by the Hawaii criminal justice data center; provided that the Hawaii criminal justice data center may charge a reasonable fee for criminal history record checks performed.]

The background check, at a minimum, shall require the applicant to disclose whether:

(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and

(2) The judgment of conviction has not been vacated.

[For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, social security number, date of birth, and sex. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.]

(b) The applicant shall submit to the liquor commission:

(1) A statement signed under penalty of perjury whether the applicant has ever been convicted of a crime other than a minor traffic violation;

(2) Written consent to the liquor commission to request and obtain criminal history record information for verification;

(3) Permission to be fingerprinted.

(c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect.

(d) The criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, date of birth, and sex; provided that the applicant shall not be required to provide the Hawaii criminal justice data center with the applicant's social security number. All information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.

(e) For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of:

(1) A search for the individual's fingerprints in the national criminal history record files and, if found, an analysis and any other information available pertaining thereto; and

(2) A criminal history record check conducted by the Hawaii criminal justice data center; provided that the Hawaii criminal justice data center may charge a reasonable fee for criminal history record checks performed."

SECTION 33. Section 846E-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Registration information for each sex offender shall consist of a recent photograph, verified fingerprints, and a signed statement by the sex offender containing:

(1) Name and all aliases used by the sex offender or under which the sex offender has been known and other identifying information, including date of birth, [social security number,] sex, race, height, weight, and hair and eye color;

(2) The legal address and telephone number of the sex offender's residence or mailing address, or any current, temporary address where the sex offender resides, and for each address how long the sex offender has resided there;

(3) The legal address and telephone number where the sex offender is staying for a period of more than ten days, if other than the stated residence;

(4) The future address and telephone number where the sex offender is planning to reside, if other than the stated residence;

(5) Names and legal addresses of current and known future employers and the starting and ending dates of any such employment;

(6) The year, make, model, color, and license number of all vehicles currently owned or operated by the sex offender;

(7) A summary of the criminal offenses against victims who were minors and sexually violent offenses for which the sex offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(8) A statement indicating whether the sex offender has received or is currently receiving treatment for mental abnormality or personality disorder;

(9) A statement indicating whether the sex offender is a United States citizen; and

(10) Any additional identifying information about the sex offender."

SECTION 34. Section 571-84.5, Hawaii Revised Statutes, is repealed.

["571-84.5 Support order, decree, judgment, or acknowledgment; social security number. The social security number of any individual who is a party to a divorce decree, or subject to a support order or paternity determination, or has made an acknowledgment of paternity issued under this chapter or chapter 576B, 580, or 584 shall be placed in the records relating to the matter."]

SECTION 35. Section 580-16, Hawaii Revised Statutes, is repealed.

["[580-16] Divorce decree, support order; social security number. The social security number of any individual who is party to a divorce decree or subject to a support order issued under this chapter shall be placed in the records relating to the matter."]

SECTION 36. Section 584-23.5, Hawaii Revised Statutes, is repealed.

["[584-23.5] Paternity judgment, acknowledgment, support order; social security number. The social security number of any individual who is subject to a paternity judgment or acknowledgment, or support order issued under this chapter shall be placed in the records relating to the matter."]

SECTION 37. All agencies may charge a reasonable fee to cover the cost of converting social security number identifiers to other identifying number systems and to reprint application forms without the social security number requirement.

SECTION 38. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 39. This Act shall take effect on January 1, 2003.

INTRODUCED BY:

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