Hawaii-2010-SB2226-Amended

PART I

SECTION 1. The legislature finds that there is a growing issue with elderly persons in the State of Hawaii becoming disoriented or lost and that existing measures are inadequate to efficiently and effectively find and assist these senior citizens. An identification database of senior citizens who are at-risk of becoming lost would assist law enforcement and other agencies involved with search and recovery efforts.

The purpose of this part is to establish a task force to develop an efficient, cost-effective process for creating and operating an identification database of senior citizens who are at-risk of becoming lost to be used when senior citizens are missing.

SECTION 2. There is established a temporary task force, exempt from section 26-34, Hawaii Revised Statutes, to develop a system, using facial recognition software being developed by the department of the attorney general, to find missing or lost senior citizens. The task force shall be attached to the executive office on aging within the department of health for administrative purposes.

The task force shall assist the county police departments and all state law enforcement entities, and work in conjunction with the department of the attorney general to further develop the facial recognition software, establish and implement policies and procedures regarding the use and maintenance of the facial recognition software, and determine the most efficient and cost-effective way to use the software in conjunction with other tools to assist in locating lost or missing senior citizens. The facial recognition database shall be for law enforcement and official use only, and shall not be accessible to the public.

SECTION 3. The task force shall be composed of the following members:

(1) One member appointed by the governor;

(2) One member appointed by the speaker of the house of representatives;

(3) One member appointed by the senate president;

(4) The director of public safety or the director's designee;

(5) A representative from the Adult Residential Care Home Association;

(6) A representative from the Community Care Foster Home Association;

(7) A representative from AARP;

(8) The director of the executive office on aging or the director's designee;

(9) The county executive of the elderly affairs division of the department of community services of the city and county of honolulu or the county executive's designee; and

(10) A representative from the honolulu police department.

SECTION 4. The task force shall prepare a report on the scope and nature of the facial recognition system developed, the standards for implementation to ensure all agencies properly use the facial recognition system, and all procedural information regarding use of the locator system.

SECTION 5. The task force shall submit a report of its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2011.
SECTION 6. As used in this part, "senior citizen" means a person who is sixty-five years of age or older.

PART II

SECTION 7. Chapter 551D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§551D- Witness and notary requirements for senior citizens. (a) A durable power of attorney for persons aged sixty-five years and older shall not be enforceable unless it is:

(1) Signed by two witnesses who satisfy the requirements of subsection (b); and

(2) Acknowledged by a notary public.

(b) A person shall not be a witness to execution of a durable power of attorney unless the person is:

(1) Eighteen years of age or older;

(2) Not the attorney-in-fact named in the durable power of attorney;

(3) Not related to the attorney-in-fact or to the other witness; and

(4) Witness to either the signing of the instrument by the principal or the principal's acknowledgment of the signature on the durable power of attorney."

SECTION 8. Chapter 560, Hawaii Revised Statutes, is amended by adding a new section to article V to be appropriately designated and to read as follows:

"§560:5- Witness and notary requirements for senior citizens. (a) A power of attorney for persons aged sixty-five years and older shall not be enforceable unless it is:

(1) Signed by two witnesses who satisfy the requirements of subsection (b); and

(2) Acknowledged by a notary public.

(b) A person shall not be a witness to execution of a power of attorney unless the person is:

(1) Eighteen years of age or older;

(2) Not the attorney-in-fact named in the power of attorney;

(3) Not related to the attorney-in-fact or to the other witness; and

(4) Witness to either the signing of the instrument by the principal or the principal's acknowledgment of the signature on the power of attorney."

SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 10. New statutory material is underscored.

PART III

SECTION 11. This Act shall take effect on July 1, 2010.

THE SENATE	S.B. NO.	2226
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 2
STATE OF HAWAII		H.D. 1