HB 1849

HOUSE OF REPRESENTATIVES
H.B. NO.
1849
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� The purpose of this Act is to allow a
person who does not have a social security number to provide an individual
taxpayer identification number with a sworn affidavit in lieu of a social
security number on the person's application for a professional or vocational
license within the department of commerce and consumer affairs, given that the
person satisfies all other requirements to be licensed, is not violating any
laws regarding employment, and can show proof of continued residence in the
State.
���� SECTION 2.� Section 436B-10, Hawaii Revised Statutes, is
amended to read as follows:
���� "�436B-10�
Application and requirements for licensure.� (a)�
Application for a license shall be made on an application form to be
furnished by the licensing authority.� An
applicant shall provide the following information on the application form:
���� (1)� The applicant's legal name;
���� (2)� Affirmation that the applicant is beyond the
age of majority;
���� (3)� The applicant's current residence, business
and mailing addresses, and phone numbers;
���� (4)� The applicant's social security number if the
licensing authority is authorized by federal law to require the disclosure; provided
that if the applicant does not have a social security number, the applicant
shall provide the applicant's individual taxpayer identification number and a
sworn affidavit stating that the applicant does not have a social security
number;
���� (5)� The date and place of any conviction of a
penal crime directly related to the profession or vocation in which the
applicant is applying for licensure, unless the conviction has been expunged or
annulled, or is otherwise precluded from consideration by section 831-3.1;
��� [[(6)]� [Proof that the applicant is a United States
citizen, a United States national, or an alien authorized to work in the United
States;]
���� [(7)]] (6)�
Disclosure of similar licensure in any state or territory;
��� [[(8)]] (7)�
Disclosure of disciplinary action by any state or territory against any
license held by the applicant; and
��� [[(9)]] (8)�
Any other information the licensing authority may require to investigate
the applicant's qualifications for licensure.
Failure to provide the above information and pay the
required fees shall be grounds to deny the application for licensure.
���� (b)� In addition to any other requirements
provided by law, all applicants shall [[be]]:
���� (1)� [[Beyond]] Be beyond the age of
majority; [[and]]
���� (2)� [[A United States citizen, a United States
national, or an alien authorized to work in the United States.]] Provide
a social security number; provided that if the applicant does not have a social
security number, the applicant shall provide the applicant's individual
taxpayer identification number and a sworn affidavit stating that the applicant
does not have a social security number;
���� (3)� Prove continued physical residence in the
State; and
���� (4)� Satisfy all other requirements to be
licensed."
���� SECTION 3.� Section 467-9.5, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
���� "(a)� No
individual shall be eligible for the licensing examination unless the
individual:
���� (1)� Is [[a United States citizen, a United
States national, or an alien authorized to work in the United States;]] able
to provide a social security number; provided that if the applicant does not
have a social security number, the applicant shall provide the applicant's
individual taxpayer identification number and a sworn affidavit stating that
the applicant does not have a social security number;
���� (2)� Is of the age of majority;
���� (3)� Has earned a high school diploma or its
equivalent; and
���� (4)� Is applying for:
��������� (A)� The real estate salesperson examination and
has satisfactorily completed a commission-approved prelicensing course for real
estate salesperson candidates, which includes real estate principles, or its
equivalent as determined by the commission; or
��������� (B)� The real estate broker examination and:
������������� (i)� Holds a current, unencumbered Hawaii real
estate salesperson license or a current, unencumbered real estate salesperson
or broker license in another state or in a jurisdiction recognized by the
Association of Real Estate License Law Officials, with an equivalent real
estate licensing law as determined by the commission;
������������ (ii)� Has satisfactorily completed a
commission-approved prelicensing course for real estate broker candidates, or
its equivalent as determined by the commission; and
����������� (iii)� Has experience as a full-time Hawaii-licensed
real estate salesperson associated with a Hawaii-licensed real estate broker
for at least three years of the five-year period immediately prior to the
submission of the experience certification application and has practical real
estate salesperson experience, as certified by the principal broker, principal
brokers, broker in charge, or brokers in charge, as the case may be, during the
subject period.� The candidate shall
secure commission approval of the candidate's experience certification
application prior to the date of the examination.� Subject to commission approval, a candidate
may request a determination of equivalency for the experience requirement based
on real estate salesperson license experience or a current, unencumbered real
estate broker license in another state, or in a jurisdiction recognized by the
Association of Real Estate License Law Officials, with an equivalent real
estate licensing law as determined by the commission."
���� SECTION
4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 5.� This Act shall take effect on July 1, 3000.
Report Title:
DCCA; Professional
or Vocational Licensing; Citizenship; Individual Tax Identification Numbers
Description:
Removes
the barrier that requires applicants for professional or vocational licensing
to be United States citizens, United States nationals, or persons with work
visas.� Allows an applicant to provide the
applicant's individual tax identification number with a sworn affidavit in lieu
of social security numbers when the applicant does not have a social security
number.� Effective 7/1/3000.� (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.