REPORT TITLE:
Birth Certificate


DESCRIPTION:
Creates a commemorative birth certificate whereby from the
purchase of the commemorative birth certificates would go into
the Hawaii children's trust fund. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        190
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PREGNANT WOMEN AND INFANTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that many factors are
 
 2 essential to the birth and early care of a healthy baby,
 
 3 including:
 
 4      (1)  An informed and wanted pregnancy;
 
 5      (2)  Good prenatal care;
 
 6      (3)  A healthy, substance abuse-free lifestyle; and
 
 7      (4)  The availability of parenting information and
 
 8           resources.
 
 9      This foundation for healthy development is part of the good
 
10 beginnings master plan to ensure that every child will be born
 
11 healthy and ready to learn.  Of the approximately 18,500 births
 
12 annually, 2,400 pregnant women and teens are in need of high
 
13 risk, supportive prenatal care, but only 1,200 are currently
 
14 being served.  Over 2,500 pregnancies are estimated to be
 
15 complicated by substance abuse, but only 200 to 800 are currently
 
16 receiving help.
 
17      The legislature further finds that assuring prenatal care
 
18 and coordinated services for all pregnant women and teens can
 
19 improve the health of mothers and babies, averting many health
 

 
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 1 problems that are very costly for families and for the State.
 
 2 This is of particular concern because low birth weight is a key
 
 3 indicator associated with a wide range of disorders, including
 
 4 neuro-developmental conditions, learning disorders, and
 
 5 behavioral problems.  A preventable premature or low birth weight
 
 6 infant may average $500,000 in neonatal intensive care unit
 
 7 costs.
 
 8      The legislature further finds that prenatal care and support
 
 9 services for pregnant women of all socio-economic levels is
 
10 essential to the health of Hawaii's communities.  Support for
 
11 prenatal programs will relieve future burden on Hawaii's ailing
 
12 state economy and help its most vulnerable families to fulfill
 
13 their potential and participate in building healthy communities
 
14 for years to come.
 
15      The purpose of this Act is to create a commemorative birth
 
16 certificate whereby funds to purchase the commemorative birth
 
17 certificate would go toward a newly established perinatal care
 
18 and support services special fund.
 
19      SECTION 2.  Section 338-11, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§338-11  Form of certificates.  (a)  The forms of
 
22 certificates shall include as a minimum the items required by the
 
23 respective standard certificates as recommended by the Public
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 Health Service, National Center for Health Statistics, subject to
 
 2 approval of and modification by the department of health.  In
 
 3 addition, the forms of death certificates shall require the
 
 4 individual's social security number.  The form and use of the
 
 5 certificates shall be subject to sections 338-16 to 338-18.
 
 6      (b)  The department shall create a special commemorative
 
 7 birth certificate in addition to the standard birth certificate
 
 8 under subsection (a), in accordance with subsection (a) for
 
 9 optional purchase."
 
10      SECTION 3.  Section 338-14, Hawaii Revised Statutes, is
 
11 amended by amending subsection (c) to read as follows:
 
12      "(c)  The department shall keep an account of all fees
 
13 collected and shall deposit them to the general fund of the State
 
14 except as provided in sections 321-1.3, 338-14.5, 338-14.6,
 
15 338-    , 346-7.5, and 601-3.6."
 
16      SECTION 4.  Section 338-14.5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§338-14.5  Copies of certificate; fees.  (a)  The fees for
 
19 certified copies of birth, marriage, divorce, or death
 
20 certificates issued by the department of health shall consist of
 
21 $10 for the first copy issued and $4 for each copy issued
 
22 thereafter.  These fees shall be collected for each single
 
23 request for certified copies.  All fees received for the issuance
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 of certified copies of birth, marriage, divorce, or death
 
 2 certificates shall be remitted to the director of health.  Upon
 
 3 the receipt of remittances under this section, the director of
 
 4 health shall deposit:
 
 5      (1)  $1 for each certified copy to the credit of the spouse
 
 6           and child abuse special account established under
 
 7           section 346-7.5;
 
 8      (2)  $1 for each certified copy to the credit of the spouse
 
 9           and child abuse special account established under
 
10           section 601-3.6;
 
11      (3)  $1 for each certified copy to the credit of the
 
12           domestic violence prevention special fund established
 
13           under section 321-1.3;
 
14      (4)  $1 for each certified copy to the credit of the vital
 
15           statistics improvement special fund established under
 
16           section 338-14.6; and
 
17      (5)  The remainder of the fee for each certified copy to the
 
18           credit of the state general fund.
 
19      (b)  The fees for certified copies of a commemorative birth
 
20 certificate issued by the department of health shall consist of
 
21 $           for the first copy, and $           for each copy
 
22 issued thereafter.  All fees received for the issuance of
 
23 certified copies of commemorative birth certificates shall be
 

 
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 1 remitted to the director of health.  Upon the receipt of
 
 2 remittances under this section, the director of health shall
 
 3 deposit the fees to the credit of the Hawaii children's trust
 
 4 fund under section 350B-2.
 
 5      SECTION 5.  Section 350B-2, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§350B-2[]]  Creation of the Hawaii children's trust
 
 8 fund.(a)  There is established the Hawaii children's trust fund
 
 9 as a separate fund of the Hawaii Community Foundation, a Hawaii
 
10 nonprofit corporation.  Moneys received from the state, county,
 
11 or federal government, including moneys deposited pursuant to
 
12 section 338-14.5(b), and private contributions of cash and other
 
13 property, and the income and capital gains earned by the fund
 
14 shall constitute the trust fund assets.
 
15      (b)  The Hawaii Community Foundation shall have the
 
16 responsibility for the expenditure of moneys from the trust fund
 
17 for the purposes of this chapter.
 
18      (c)  The purpose of the trust fund is to [strengthen]:
 
19      (1)  Strengthen families primarily by the award of grants
 
20           for primary and secondary prevention activities to
 
21           prevent child abuse and neglect[.]; and
 
22      (2)  Benefit the overall health of pregnant women, infants,
 
23           and families through prevention education and improving
 

 
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 1           access to health care.
 
 2      (d)  The fund may receive contributions, grants, or gifts in
 
 3 cash or otherwise from all sources.  The legislature intends that
 
 4 the public and private sectors work together as partners in
 
 5 securing contributions for the fund.  The State may donate moneys
 
 6 to the trust fund by legislative appropriation; provided that
 
 7 any appropriations made by the State are not intended to supplant
 
 8 the funding of existing prevention programs.
 
 9      (e)  There shall be an endowment component of the Hawaii
 
10 children's trust fund.
 
11      (f)  The aggregate principal sum deposited in the Hawaii
 
12 children's trust fund, and any income and capital gains earned by
 
13 the trust fund but not expended for grantmaking or
 
14 administration, shall be invested in accordance with the
 
15 provisions of the Hawaii Community Foundation in a manner
 
16 intended to maximize the rate of return on investment of the
 
17 trust fund consistent with the objective of preserving the trust
 
18 fund's principal.
 
19      (g)  The department of health shall serve as the lead agency
 
20 for the public sector and, in conjunction with the Hawaii
 
21 Community Foundation, may provide staffing for the board, the
 
22 coalition, and advisory committee.
 
23      (h)  Results of the annual audit of the Hawaii Community
 

 
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 1 Foundation shall be submitted to the department of health not
 
 2 later than thirty days from the date the Hawaii Community
 
 3 Foundation receives the audit results.  The Hawaii Community
 
 4 Foundation shall retain for three years all documents, papers,
 
 5 books, records, and other material pertinent to the fund and
 
 6 audit.  The Hawaii Community Foundation shall permit the
 
 7 department of health, the department of accounting and general
 
 8 services, the legislature, and the auditor, or their authorized
 
 9 representatives, to inspect and have access to any of these
 
10 materials.
 
11      (i)  Moneys deposited into the Hawaii children's trust fund
 
12 pursuant to section 338-14.5(b) shall be used exclusively to
 
13 benefit the overall health of pregnant women, infants, and
 
14 families through prevention education and improving access to
 
15 health care, including but not limited to, providing grants for
 
16 education, research, evaluation, and advocacy.
 
17      [(i)] (j)  In the event of the termination of the trust fund
 
18 or the dissolution of the Hawaii Community Foundation, the
 
19 unspent appropriations made by the State, if any, shall revert
 
20 back to the State.  Any other amounts remaining in the Hawaii
 
21 children's trust fund shall be distributed at the recommendation
 
22 of the board."
 
23      SECTION 6.  Section 350B-6, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 amended by amending subsection (b) to read as follows:
 
 2      "(b)  The advisory committee shall perform the following
 
 3 functions:
 
 4      (1)  Promote statewide planning and strategies for
 
 5           strengthening families with the intent of preventing
 
 6           child abuse and neglect;
 
 7      (2)  Establish criteria and guidelines for grantmaking for
 
 8           the board;
 
 9      (3)  Publicize the fund and solicit moneys from public and
 
10           private sources, in collaboration with the board;
 
11      (4)  Advise the department of health on matters involving
 
12           the prevention of child abuse and neglect[; and] and
 
13           perinatal health; and
 
14      (5)  Facilitate the exchange of information between groups
 
15           concerned with families and children."
 
16      SECTION 7.  Act 216, Session Laws of Hawaii 1997, is amended
 
17 by amending section 13 to read as follows:
 
18      "SECTION 13.  This Act shall take effect on July 1, 1997,
 
19 and shall be repealed on June 30, 2000; provided that any
 
20 statutory or session law material in this Act in existence on
 
21 June 30, 1997, shall be reenacted on July 1, 2000, in the same
 
22 form in which it existed on June 30, 1997[.]; provided further
 
23 that any statutory material enacted by Act    shall not be
 

 
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 1 repealed on June 30, 2000."
 
 2     SECTION 8.  There is appropriated out of the perinatal care
 
 3 and support services special fund the sum of $           , or so
 
 4 much thereof as may be necessary for fiscal year 1999-2000, and
 
 5 the sum of $          , or so much thereof as may be necessary
 
 6 for fiscal year 2000-2001 to carry out this purposes of the
 
 7 special fund.
 
 8     SECTION 9.  The sums appropriated shall be expended by the
 
 9 department of health.
 
10     SECTION 10.  The department of health may collaborate with
 
11 Healthy Mothers, Healthy Babies to design the commemorative birth
 
12 certificate.
 
13     SECTION 11.  The revisor of statutes shall insert the number
 
14 of this Act in the blank space after the word Act in section 6 of
 
15 this Act.
 
16     SECTION 12.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18     SECTION 13.  This Act shall take effect on July 1, 1999.