HomeMy WebLinkAbout2001-01-09_Refusal_to_Disclose_Social_Security_Number Harry Kim _ Lincoln S.T.Ashida
Mayor '— = Crn1—ati—Counsel
UL'ounfla of Anfunii
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720.4262 •(808)961.8251 • Fax(808)961.8622
January 9,2001
Naomi Patterson O'Dell
Licensing Supervisor
Hawaii County Police Department
349 Kapiolani Street
Hilo,Hawaii 96720
Dear Ms.O'Dell:
Re: Renewal Request by Michael Last
As a follow up to our telephone conversation,this office has received from Michael Last
a communication saying that he will be going to the Kailua-Kona Driver Licensing Office to
renew this driver's license and he has indicated that he does not wish to disclose this social
security number pursuant to Public Law 93-579,a copy of which we have attached for your
benefit.
Public Law 93-579 states:
It shall be unlawful for any Federal,State or local government agency to
deny any individual any right,benefit,or privilege provided by law because of
such individual's refusal to disclose his social security account number.
However,subsection(2)states:
the provisions of paragraph(1)of this subsection shall not apply with respect to—
(A) any disclosure which is required by Federal statute,or
(B) the disclosure of a social security number to any Federal,State,or local
agency maintaining a system of records in existence and operating before January 1,
1975,if such disclosure was required under statute or regulation adopted prior to such
date to verify the identity of an individual. (i.e.Hawai`i Driver Licensing System.)
Naomi Patterson O'Dell
Page-2-
January 9,2001
Subsection(b)further provides:
Any Federal,State,or local government agency which requests an
individual to disclose his social security account number shall inform that
individual whether that disclosure is mandatory or voluntary,by what statutory or
other authority such number is solicited,and what uses will be made of it.
Therefore,in the case of Michael Last,it is recommended that Mr.Last be provided with
a copy of Act 269,which is codified in§286-111,a copy of which is attached hereto.
Section 286-111(c)states"[e]very application shall state the full name,date of birth, ...social
security number..."that are required for application. A review of the legislative history(SCRep.
1585,House Journal 1999)also indicates that the social security number requirements were
placed in§286-111 to comply with Federal law,which requires the collection and verification of
social security numbers of driver license applicants,but could by statute,state that the social
security numbers would not appear on the driver's license itself. The action taken by the State
Legislature in amending the law under Act 269 will remove the social security number from the
driver's license,however will require the number on the application for the driver's license.
To comply with§ 7(b)of Public Law 93-579,the Driver Licensing Office should inform
Mr.Last that the disclosure is mandatory by authority of Act 269,which is codified in§286-
111,and that its use will be to complete the driver licensing application which is required by the
Department of Transportation to collect and verify social security numbers of all driver licensing
applicants.
Should you have any further questions,please feel free to call.
Sincerely,
URALD TAKASE
Assistant Corporation Counsel
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1896 PUBLIC LAW 93-579--13M 31, 1974 188 STAT.
j
prepare and execute without consideration such instruments as may be #
appropriate to carry out tha purposes of Ibis Act,
Approved December 31, 1974.
Public Law 93-579
n«<me«ai,ivv< AN ACT
f [S.liti] To amend tide 5. United States Code, by adding a section 552A to safeguard
indlr!dual privacy frcw> the ralstisa of Federal records, to provide that
individuals be granted access to records concerning them which are maintained
by rederai agencies,to establtat,a Privac7 Pvotection Stud?Commission,and
for other purposes.
Be; it enacted by the Senate and Flouse of Representativee of the
P,L—Y Act of f7nsted Staten 0f.4 m.er. a in ConQram ateembled,That this Act may
je74. 553n be..cited as the 4rivacy Act of 1974".
ere.
seas*<..fon=: Sec.2.(e)The Congress finds that—
find in Z.. (1) the privacy of an individual is directly affected b?' Ole
°Qs<vsc ss2. collection,maintenance,use,and dissemination of personal infor-
mation by Federal agencies;
( (2) the increasing use of computers and suphistieated infot--
-.----- mation technology, vhila essential to the efficient operations of
the Government, has greatly magnified the. harm to individual
privacy that can occur from any collection,maintenance,use,or
dissemination of personal infnrmation-
(3) the opportunities for an individual to secure employment,
insurance,and credit,and his right to due process,and other IWI
protections arc nmdangered by the misuse of certain.informahon
cyste:ms;
(4) the right to privacy is a personal and #tindamental right
protected by the Constitution'of t.he'Utiited States:and
(5) in order to protect the privacy of individuals identified in
information systems maintained by'kederal agencies,it is neces-
nary and proper for the Congress to regulate the collection,main-
tenance, use, and dissemination of information by such agencies.
(b) The purpose of this Act is to pro,,ide certain safegwards for an
individual against an invasion of personal privacy by requiring
Federal agencies,except as otherivise provided•??y law,to—
(1) permit an individual to determine what records pertainin f
to him are collected, maintained, used, or disseminated by sue
rrr--
agencies;
(2) permit au individual to prevent records pertaining to him
obtained by such agencies for a particular purpose from being .
used or made available for another purpose without his consent;
(S) rinit au individual to gain access to information pertain-
ing to him in Fedeml agency records,to have a copy made of all
or any portion thereof,and to correct or amend such records•
(4) collect,maintain,use,or dissemititttx oily record of ident5-
hable.personal information in a manner that assuM that such
action is for a necessary and lawful purpose, that the infor-
ination is current and acciinit.e for its iutended use, and that
adegiinte saifggnarcis are providedl to prevent misuse of such
information;
(5) permit exemptions from the requirements with r"poct to
records provided in this Act only in those cases where there is an
important public policy need for such exemption as has been
determined by specific statutory nuthority;and
(c) be sabicct to civil suit for any damages which occur as a
result of willful or intentional action which violates any indi-
vidual's rights under this Act.
PUBLIC LAIY 93-579—bEC.31, 1974 1909
(f)(1) Each [the] member of the Commission who is an officer or Comnen—tt°n.
employee of the17nitcd States shall serve without additional cornpen-
sation,but shall continue to recxive the salary of his regular position
when engaged in the performance of the duties vested in the Com-
tnission.
(2)A member of the Commission other than one to whorn pa ragra pph r.,dI—'
(1 applies shall receive per diem at the maximum daily rate for
CxS 18 of the General Sclxedule when enQnged in the actual or °`t�sc agar s
formance of the duties vested in the Commission.
(8) All members of the Commission shall be reimbursed for traval, T-1 e=
subsistence,and other necessary expenses incurred by them in the per- P`.Y...
formance of the duties vested in the Commission.
(g) The Cotmtxi"inn shall, from time to time, and in an annual F�D°rt co
Aresid<o+and
reiwrt, report to the President and the Congress on its activities in c,,,Qee,.•
carrying out the provisions of this section.The Commission shall make
a final report to the President and to the Congress on its findingm
pursuant to the study required to be made under subsection (b)(1)
of this section not later than two years from the date on which all of
the members of the Commies ion are a pointed.The Commission shall
cease to exist thirty days after the date on which its final report is
submitted to the President and the Congress.
(h)(1) Any member,officer,or employee of the Commission, who Pennuie..
by virtue of his employment or of5cisl position,has ppoo����ec9ion o£ or
access to,agency records which contain individually identifiable,infor-
mation the disoloaure of which is prohibited by this section,and who
knoiviup that disclosure of the specific material is so prohibited,will-
fully discloses the material in any manner to any person or agency
not entitled to receive it,shall be guilty of a misdemeanor and fined
not more than$5,000.
(2) Any person who knowi ly and willfully requesta or obt.airw
any record concerning an individual from the Commission under false
ppretenses shall be guilty of a misdemeanor and fined not.more than
$5,000.
Sr:c.E.The Office of Management and Budget,shal.l— s use ssz. T
(1) develop guidelines and regulations for the use of agencies
in implementing the provisions of section +552a of title 5,United
States Code,as added by section 8 of this Act;and Aar P.1907.
(2) provide continuing assistance to and oversight of the im-
plementation of the provrstons of such section by agencies.
Si c.7.�a)(1) It shall be unlawful for any Fsderal,State or local s use sss,.
government agency to deny to any individual any right benefit,or
privilege provided by law because of such individual's refusal to dis-
close his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not
apply with respect to—
(A) any disclosure which is required by Federal statute,or
(8) the disclosure of a social security number to any'Federal,
State,or local agency maintaining a syyystt,exn of records in existence
and operating before .Januar Ii IS17 i if such disclosure was
tquited under statute or regtf?ation adopted prior to such date to
verify the identity of an individual.
(b) Any Fedecal,State,or local government agency which requests
an individual to disclnsxe. his social security account number shall
inform that individual whether that disclosure is mandatory or volun-
tarp,by what.statntory or other authority such number is solicited,
and what uses will bP made of it.
ee-ru o.x_a x.s
01/08/01 07:28 TX/RX N0.8105 P.003
t
ACT 269
Note �•
1.Edited pursuant to RRS§23G-16.5. 1.Sh
ACT 269 H.B.NO.8
A Bill for an Act Relating to Motor Vehicle Driver Licensing. A Bill for a
Be It Enacted by the Legislature of the State of Hawaii: Be It Enact
SECTION 1.Section 286-109,Hawaii Revised Statutes,is amended to read SEC
a on long-tee
s follows:
1998.This,
"§286-109 General provision governing the issuance of licenses. (a) - insurance l;
Upon payment of the required fee and upon demonstrating the ability to operate a The
certain category or categories of motor vehicles to the satisfaction of the examiner of ( purchase h
drivers,an applicant for a driver's license shall be issued a single license of a design i security in i
approved by the director of transportation upon which is made a notation of[the]_ care insura
(1) The category or categories of motor vehicles the applicant may oper- while empl,
ate[,any]; income tax
Any restrictive provisions to which the license is subject[,]; and[, their emplo
where] tax deducti
When the license is issued to a person under twenty-one years of age,a income tax
statement, in clearly legible print that shall contrast with the other The
information appearing on the license,which indicates the date on which }? income tax
the person will attain the age of twenty-one years. care insura
(b)The examiner of drivers shall not issue or renew any driver's license
using the driver's social secunt number on the drivers license. SE(
(c Statutes of limitations and other provisions of this chapter notwithstand- i� as follows:
ing,no driver's license or instruction permit shall be issued or renewed under this I
section, where the examiner of drivers is notified by the district judge, traffic ` 41:
violations bureaus of the district courts,or the judge of the circuit court that the Section 63
applicant has failed to respond to a traffic citation or summons for the violation of shall be op(
any traffic laws of a county,this chapter or[chapters]chapter 286G,287,290,291, <` amount in
or 291C,and the same remains delinquent and outstanding,or the applicant,having (1)
timely responded initially,has as of the time of the application,failed to comply in
full with all orders of the court."
SECTION 2. Section 286-111, Hawaii Revised Statutes, is amended by (2)
amending subsection(c)to read as follows:
(3)
"(c)Every application shall state the full name,date of birth,sex,occupa-
tion,social security number,the residence address and business address,if any,of (4)
flee applicant, and shall briefly describe the applicant,and shall state whether the Section 6.
applicant has theretofore been licensed as a driver,and,if so,when and in what state operative,,
or country,and whether any such license has ever been suspended or revoked,or dependent:
whether an application has ever been refused,and if so,the date of and reason for the 63(f)shall
suspension,revocation,or refusal." (b)
life insura
SECTION 3.Statutory material to be repealed is bracketed.New statutory purposes c
material is underscored. except tha
Plans in se
SECTION 4.This Act shall take effect on]5nuary 1,2001. (c)
(Approved July 6,t999.) residence)
840
1648 S E N A T E J O U R N A L-STANDING COMMITTEE REPORTS
The purpose of this bill is to appropriate general funds to pay claims for legislative relief,judgments,settlements,and
miscellaneous claims against the State.
Your Committee has amended this measure by removing claims totalling$2,976,861 from the total general fund appropriation,and
by instead appropriating the same amount of$2,976,861 out of the state highway fund to pay for those claims.
Your Committee has also amended this measure by adding a miscellaneous claim for attorneys fees incurred in State of Hawaii v.
W.H.McVay et al Civil No.914097-12,and by appropriating an additional$269,792.50 out of general funds to pay for the claim.
Your Committee finds that a suit was filed against Harold Masumoto,the State,and others,regarding condemnation of a feedlot
and other parcels in Kapolei. The State eventually settled with Hawaii Meat Company and Mr.Masumoto in his official capacity was
dismissed from the suit,but he was not dismissed in his individual capacity. To this end,Mr.Masumoto hired a private attorney to
defend him in this litigation. In November 1998,the remaining litigation was concluded without any findings of Mr.Masumoto acting
illegally,maliciously,or for corrupt motives. The Department of the Attorney General,finding that Mr.Masumoto was at all times
acting within the scope of his duties and in furtherance of the best interests of the State as he understood it,recommended that his
attorneys'fees and costs be paid as a claim against the State. Your Committee concurs.
Your Committee finds that thejudgments and settlements as represented in this measure have been evaluated and recommended by
die DeParmem of the Attorney General.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report,your
Committee is in accord with the intent and purpose of H.B.No.989,H.D.1,S.D.1,as amended herein,and recommends that it pass
Third Reading in the form attached hereto as H.B.No.989,H.D.1,S.D.2.
Signed by the Co-Chairs on behalf of the Committee.
Ayes,12. Noes,none. Excused,1(Anderson).
SCRep.1584 Ways and Means on H.B.No.1017
The purpose of this bill is to authorize the issuance of bonds for the repair and maintenance of public housing,the Hula Mae
program,and the rental housing trust fund.
The bill also provides assistance to mortgagees facing employment difficulties.
Specifically,the bill authorizes the issuance of bonds for.
(1) The repair and maintenance of state-owned public housing for a bond term of five to ten years;
(2) An increase in the bond ceiling of the Hula Mae mortgage loan program;and
(3) The rental housing trust fund.
I
The bill also requires banks,savings banks,savings and loan associations,financial services loan companies,and credit unions to
restructure mortgages for mortgagees facing employment and foreclosure difficulties.
Your Committee has amended the bill by removing sections 3 through 7 of the bill relating to mortgagee loan restructuring and
retaining the sections relating to the issuance of bonds. Your Committee has also made technical changes that have no substantive
effect.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report,your
Committee is in accord with the intent and purpose of H.B.No.1017,H.D.1,S.D.1,as amended herein,and recommends that it pass
Third Reading in the form attached hereto as H.B.No.1017,H.D.1,S.D.2.
Signed by the Co-Chairs on behalf of the Committee.
Ayes,7. Noes,none. Excused,6(Buen,Ige,D.,Ige,M.,Tam,Taniguchi,Anderson).
SCRep.1585 Judiciary on H.B.No.8
The purpose of this bill,as received by your Committee,is to prohibit the use of social security numbers on driver's licenses after
July 31,2001.
Your Committee finds that the widespread use of social security numbers in the private sector to identify individuals tracked by t
financial,credit,educational,and other institutions,has facilitated the criminal practice of identity theft through unlawful use of
another's social security number. Hawaii's statewide practice ofusing social security numbers as driver's license numbers makes it a
relatively simple matter for con artists,financial services organizations,and other unscrupulous people to obtain social security
numbers for their nefarious practices.
S E N A T E J O U R N A L-STANDING COMMITTEE REPORTS
1649
Your Committee further finds that rules promulgated by the federal Department of Transportation will require states,beginning in
October 2000,to collect and verify the social security numbers of driver's license applicants and,unless a state explicitly does not so
require,to use the social security numbers on the licenses. Thus,Hawaii must collect social security numbers as part of the driver's
license application to comply with these rules,but may provide by statute that the numbers shall not appear on the driver's license
itself.
Testimony in support of this measure was submitted by the Office of Information Practices and the American Civil Liberties
Union of Hawaii. Testimony in support of this measure with amendments was submitted by the Department of Transportation and the
Department of Customer Services of the City and County of Honolulu. Testimony commenting on this measure was submitted by the
Judiciary.
Upon further consideration,your Committee has amended this measure by adding a provision to require collection of social
security numbers as part of the general driver's license application.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report,your Committee
is in accord with the intent and purpose of H.B.No.8,H.D.1,S.D.1,as amended herein,and recommends that it pass Third Reading
in the form attached hereto as H.B.No.8,H.D.1,S.D.2.
Signed by the Co-Chairs on behalf of the Committee.
Ayes,6. Noes,none. Excused,I(Chun Oakland).
SCRep.1586 Judiciary on H.B.No.500
The purpose of this bill is to develop a commercial hunting industry in the State.
Specifically,the bill allows nonresident aliens to bring a limited number of firearms into the State for recreational purposes;
provided the person meets the registration requirement and other criteria.
Testimony in support of the bill was received from the Board of Land and Natural Resources,the City and County of Honolulu
Police Department,the Hawaii Rifle Association,and Hawaii Citizens'Rights PAC. The Manager of Lanai Pine Sporting Clays and
two individuals submitted comments on the bill.
Your Committee finds that there is a growing interest in hunting and shooting competitions around the world and that hosting
these events would enhance the State's economy. Furthermore,developing niche markets,such as recreational hunting,will help to
expand the State's visitor industry. Your Committee believes that this measure provides the necessary safeguards to protect our
citizenry while allowing residents of other states or foreign countries to participate in Hawaii's recreational shooting and game hunting
events.
Your Committee has amended this bill by changing the word"three"to"seven",at page 2 line 2,to ensure that nonresident aliens
bringing firearms into the State under this bill will have sufficient time to comply with the registration requirements.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report,your Committee
is in accord with the intent and purpose of H.B.No.500,H.D.3,as amended herein,and recommends that it pass Second Reading in
the form attached hereto as H.B.No.500,H.D.3,S.D.1,and be placed on the calendar for Third Reading.
Signed by the Co-Chairs on behalf of the Committee.
Ayes,5. Noes,none. Excused,2(Chun Oakland,Anderson).
SCRep.1587 Judiciary on H.B.No.582
The purpose of this measure,as received by your Committee,is to provide governmental agencies with civil liability immunity
when injuries occur on public trails and accesses,and to clarify that commercial property such as a hotel is not included within the
landowner liability provided by chapter 520,Hawaii Revised Statutes(HRS).
Your Committee finds that government should fairly be provided with some degree of immunity for injuries that occur on public
trails and accesses,to encourage government agencies to provide additional trails and accesses on government lands. However,
because it is part of government's function to allow access to public lands}your Committee does not believe that government should
be provided with a level of immunity as great as that provided for a private landowner voluntarily allowing public access to private
land.
Your Committee is aware that under chapter 520,HRS,there have been instances of commercial landowners not intended to be
provided with immunity thereunder,who have asserted immunity from claims brought by invited recreational users of the property.
However,your Committee believes that changes in the scope of chapter 520 would be better addressed through a bill introduced for
that purpose,to permit a thorough opportunity for public hearing by the appropriate committees.
Testimony in support of this measure was submitted by the Department of the Corporation Counsel for the City and County of
Honolulu,the Hawaii Hunting Advisory Council,the Hawaii Rifle Association,Consumer Lawyers of Hawaii,and the Hawaii
Equestrian and Trails Association. Testimony supporting the measure in part but opposing the commercial use provision was