THE SENATE

S.B. NO.

1398

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to age discrimination.

 

 

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 further finds that, pursuant to laws that limit sales of age-restricted products such as alcohol and tobacco to qualified customers, retail stores require youthful customers to disclose their date of birth in order to make a purchase. These policies also routinely require elderly customers to disclose their birthdates, usually within earshot of others, in order to purchase age-restricted products. Common reasons for these policies include ensuring compliance with cashier procedures and avoiding violation of laws prohibiting the sale of liquor to minors.

The legislature additionally finds that in statutes relating to commerce, employment, and criminal laws, definitions of confidential personal information frequently include a person's date of birth. Retail businesses who do not account for Hawaii's constitutional right to privacy in their sales and cashier practices, therefore, subject elderly residents to discrimination.

Accordingly, the purpose of this Act is to prohibit businesses that sell age-restricted goods from requiring disclosure of a customer's date of birth if it is clear that the individual has attained the age required to make a purchase.

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 customer to verify or disclose the customer's age in order to purchase and receive age-restricted goods if the seller determines by a clear and convincing standard that the purchaser has reached the minimum age required for the purchase of the age-restricted goods.

(b) For the purposes of this section, "clear and convincing standard" means the existence of a fact or facts that make the determination 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:

_____________________________

 

 


 


 

Report Title:

Age Discrimination; Age-restricted Goods; Birthdate Verification

 

Description:

Prohibits businesses that sell age-restricted goods from requiring disclosure of a customer's date of birth if it is clear that the individual has attained the age required to make a purchase.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.