THE SENATE

S.B. NO.

3160

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the right to privacy.

 

 

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

 


SECTION 1. The legislature finds that article I, section 6 of the Hawaii State Constitution, states that "[t]he right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature is charged with taking affirmative steps to implement this right." The legislature also finds that many businesses selling age-restricted items require individuals who are clearly older than the minimum age required for purchase of the item, including senior citizens, to verify the individual's age. In these situations, the legislature believes that age verification is unnecessary and should be prohibited.

Accordingly, the purpose of this Act is to prohibit certain businesses from requiring age verification from an individual if it is clear that the individual has attained the age required for the purchase of an age-restricted good.

SECTION 2. Chapter 487J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"487J- Age verification; prohibition. (a) No business that sells age-restricted goods shall require a purchaser to verify the purchaser's age in order to receive any age-restricted goods if the seller determines by a clear and convincing standard that the purchaser has reached the minimum age required for purchasing the age-restricted goods.

(b) As used in this section, "clear and convincing standard" means the existence of a fact that is highly probable."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Age Verification; Age-Restricted Goods

 

Description:

Prohibits businesses from verifying the age of certain purchasers of age-restricted goods.

 

 

 

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