Bill Text: HI HB472 | 2025 | Regular Session | Introduced
Bill Title: Relating To Digital Identification.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced) 2025-01-31 - Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. [HB472 Detail]
Download: Hawaii-2025-HB472-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
472 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to digital identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:
"§286- Digitized
identification cards; acceptance; liability. (a) When a person requests a consumer to produce
a valid identification for the purpose of furnishing proof of the consumer's
identification or age, the person shall accept a state-issued digitized
identification card as a valid form of identification.
(b) A
digital copy, photograph, or image of a digitized identification card that is
not downloaded through a state-approved application on a mobile device shall
not be considered a valid digitized identification card as provided for by this
section.
(c) The
display of a digitized identification card shall not serve as consent or
authorization for a person to search, view, or access any other data or
application on the consumer's mobile device.
When a consumer presents their mobile device to a person for the purpose
of displaying a digitized identification card, the person shall promptly return
the mobile device to the consumer once the person has had an opportunity to
verify the identity or age of the consumer and the current status of the
license or identification card.
(d) The
State, or any of its agencies; a private business; legal entity; or person
shall not be held liable in any manner legally or otherwise as a result of the
use or misuse of a digitized identification card.
(e) Beginning
,
, all state and county law enforcement agencies may
accept digitized identification cards as a method to prove a person's identity
where a physical license or identification card is currently required.
(f)
This section shall not apply to a location of business in the State
where a physical copy of an individual's current driver's license, valid
passport, or visa issued by the federal government or another country, or other
card of identity is held in compliance with state or federal law.
(g)
The department shall establish rules pursuant to chapter 91 to implement
the purposes of this section.
(h) For the purposes of this section:
"Consumer" means any
individual who uses, purchases, or leases goods or services.
"Digitized identification
card" means a data file available on any mobile device that has
connectivity to the Internet through a state-approved application that allows
the mobile device to download the data file from a respective examiner of
drivers or an authorized representative of the examiner of drivers that
contains all of the data elements visible on the face and back of a license or
identification card and displays the current status of the license or
identification card; provided that "current status" includes valid,
expired, cancelled, suspended, disqualified, active, inactive, member,
nonmember, eligible, or ineligible.
"Person" means any
individual, firm, partnership, corporation, association, union, public or
private education institution, or other organization, including but not limited
to a bar or restaurant that is engaged in trade or commerce within the State.
"Trade" or
"commerce" means the advertising, offering for sale, sale, or
distribution of any services, including educational services, and any property,
corporeal or incorporeal, immovable or movable, and any other article,
commodity, or thing of value wherever situated, and includes any trade or
commerce directly or indirectly affecting the people of the State."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Digitized Identification Cards; Valid Identification
Description:
Allows for a digitized identification card to be accepted as a valid form of identification, under certain conditions. Authorizes state and county law enforcement agencies to accept a digitized identification card as proof of a person's identity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
