| 47 | | - | SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§711- Falsified COVID-19 vaccination status. (1) A person commits the offense of falsified COVID-19 vaccination status if the person intentionally, knowingly, or recklessly: (a) Provides false information regarding the person's or another person's COVID-19 vaccination status to a business, nonprofit organization, or governmental entity; (b) Uploads, provides, presents, utters, or otherwise uses falsified verification of the person's or another person's COVID-19 vaccination status; or (c) Manufactures, distributes, disseminates, issues, sells, offers for sale, imports, or offers to import into this State: (i) Falsified verification; or (ii) A blank or incomplete verification document or code under circumstances that would lead a reasonable person to believe that the blank or incomplete verification document or code would be used to create a falsified verification. (2) Violation of subsection (1)(a) or (b) is a petty misdemeanor. Any person convicted of violating subsection (1)(a) or (b) shall be sentenced to pay a fine of $1,000 for each separate offense, in addition to any other terms and conditions the court deems appropriate pursuant to section 706-605. (3) Violation of subsection (1)(c) is a misdemeanor. Any person convicted of violating subsection (1)(c) shall be sentenced to pay a fine of $2,500 for each separate offense, in addition to any other terms and conditions the court deems appropriate pursuant to section 706-605. The maximum fine for a violation of subsection (1)(c) is $2,500. (4) For purposes of this section, unless a different meaning plainly is required: "Another person" means an actual person or a fictitious person. "Code" means machine readable codes or images, including quick response (QR) code designations. "COVID-19" means the coronavirus disease caused by SARS-CoV-2, including all of its variants. "COVID-19 vaccination status" means whether a person has received one or more doses of a COVID-19 vaccine, including but not limited to the timing and type of any COVID-19 vaccine received, boosters received, or the person's medical condition or religious beliefs as the basis for a COVID-19 vaccine exemption. "Falsified verification" means any verification document or code that contains false information regarding COVID-19 vaccination status. "Utter" means to offer, whether accepted or not, a verification document or code. "Verification document or code" refers to any record, card, print-out, certification, attestation, code, or other written or electronic document or image that indicates a person's COVID-19 vaccination status." 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. This Act shall take effect on July 1, 2050, and shall be repealed be June 30, 2023. |
|---|
| 47 | + | SECTION 1. (a) It shall be a civil violation for any person to intentionally, knowingly, or negligently: (1) Misrepresent the person's COVID-19 vaccination status to a business, church, nonprofit organization, or governmental entity; (2) Falsify, alter, or purchase a falsified or altered: (A) COVID-19 vaccination card for personal use; or (B) Printed document that details COVID-19 vaccination status for personal use; or (3) Use a falsified or altered COVID-19 vaccination card. (b) Any person who violates subsection (a) shall be fined $1,000 for each separate violation. (c) It shall be a civil violation for any person to: (1) Sell; or (2) Distribute or manufacture, regardless of whether that person is compensated for the distribution or manufacture, a falsified or altered COVID-19 vaccination card for use by others. (d) Any person who violates subsection (c) shall be fined $2,500 for each separate violation. (e) The department of the attorney general shall enforce this Act and may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to carry out its purpose. (f) For purposes of this Act, unless a different meaning is required: "COVID-19" means the coronavirus disease 2019 and any of its variants. "COVID-19 vaccination card" means a card provided to a person by a vaccine provider indicating the date the person received a vaccination against COVID-19 and the type of vaccine and its lot or batch number, and bearing a government logo or other indication that it was created by a governmental instrumentality. "COVID-19 vaccination status" means whether a person has received one or more doses of a COVID-19 vaccine, including but not limited to the timing and type of any COVID-19 vaccine received, or the person's medical condition or religious beliefs as the basis for a COVID-19 vaccine exemption. 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. This Act shall take effect on July 1, 2050, and shall be repealed be June 30, 2023. |
|---|