HB 1849: DCCA; Professional or Vocational Licensing; Citizenship; Individual Tax Identification Numbers

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.

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 to provide an individual taxpayer identification number in lieu of a social security number in 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 or individual taxpayer identification number if the licensing authority is authorized by federal law to require the disclosure;

     (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 or individual taxpayer identification 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 or individual taxpayer identification 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 upon its approval.

Report Title:

DCCA; Professional or Vocational Licensing; Citizenship; Individual Tax Identification Numbers

Description:

Removes the barrier requiring applicants for professional or vocational licensing to be United States citizens, United States nationals, or persons with work visas.  Allows applicants to provide individual tax identification numbers in lieu of social security numbers if all other requirements are met.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  677-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1849

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1849 entitled:

"A BILL FOR AN ACT RELATING TO LICENSING,"

begs leave to report as follows:

     The purpose of this measure is to remove, for purposes of professional and vocational licensing, the requirement that a person be a United States citizen, United States national, or alien authorized to work in the United States, and allow a person to provide an individual taxpayer identification number in lieu of a social security number.

     Your Committee received testimony in support of this measure from the Hawaiʻi Coalition for Immigrant Rights; Roots Reborn; and three individuals.  Your Committee received testimony in opposition to this measure from the Pacific Resource Partnership.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and Real Estate Commission.

     Your Committee finds that many immigrants are precluded from obtaining a professional or vocational license merely on their immigration status.  These include undocumented immigrants, Deferred Action for Childhood Arrivals (DACA) recipients, Temporary Protected Status (TPS) holders, and Deferred Enforced Departure (DED) recipients.  In the case of DACA, TPS, and DED recipients, they are authorized to lawfully remain in the United States and lawfully be employed; however, they are still excluded from a variety of employment opportunities due to the licensing prohibition.

     Your Committee further finds that licensing systems play a critical role in determining who is able to work, support their families, and contribute fully to the economy.  When licensing barriers are overly restrictive, unclear, or disconnected from public safety objectives, the licensing barriers can unnecessarily exclude qualified individuals from lawful employment and career advancement.  This measure removes that unnecessary barrier by deleting the requirement that persons have a certain citizenship or immigrant status and allowing persons to submit an individual taxpayer identification number instead of a social security number.

     Your Committee notes that concerns were raised in written testimony before your Committee that this measure would be in violation of the federal law that requires social security numbers to be on an application for a professional license for purposes of effectuating child support enforcement.  Your Committee further notes that the federal Office of Child Support Enforcement published interpretive guidance stating that the Office does not interpret the federal law to preclude an individual from licensure if the individual does not have a social security number; rather, a social security number is required only if the individual has a social security number.  The interpretive guidance further states that in the event an individual does not have a social security number, the individual should submit a sworn affidavit, under penalty of perjury, stating that the individual does not have a social security number.  Your Committee notes that this federal guidance has alleviated the concerns raised in testimony that this measure may be contrary to federal law.

     Your Committee has amended this measure by:

     (1)  Clarifying that a social security number is required if the applicant has a social security number, but an applicant who does not have a social security number may provide an individual taxpayer identification number with a sworn affidavit stating that the applicant does not have a social security number;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1849, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1849, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,