SB1326 SD1

SECTION 1. Section 338-14, Hawaii Revised Statutes, is amended to read as follows:

"§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates. (a) The department of health shall establish reasonable fees to be paid for certified copies of certificates; provided that the department shall furnish, free of charge, a certified copy of any of the records, or a certification of birth, to any veteran of the armed forces of the United States, the veteran’s wife, any member of the immediate family of a veteran or the next of kin of a deceased veteran, when required for use in connection with a claim based on service in the armed forces of the United States. Subject to sections 338-16, 338‑17, and 338-18, the National Center for Health Statistics may obtain transcripts and statistical summaries on computer tapes of certificates or, without payment of fees, certified copies; provided the State is put to no expense in connection therewith.

A reasonable fee shall be charged for any correction in the items on a vital statistics certificate initiated by the registrant or the registrant’s parent or representative if the registrant is a minor.

(b) The department may prescribe reasonable fees for searches of files and records not involving the issuance of certified copies.

(c) The department shall keep an account of all fees collected and shall deposit them to the general fund of the State except as provided in sections 321-1.3, 338-14.5, 338‑14.6, 346-7.5, and 601-3.6.

(d) Any fee established by the department pursuant to this section shall be adopted in accordance with chapter 91. In establishing a fee, the amount shall be sufficient to cover the expenses involved in searching for, cost of a copy of, or correction of the certificate, file, or record, as the case may be. The department may raise the fees up to ten per cent per year without being subject to the provisions of chapter 91.

(e) Fees prescribed in this chapter shall not be required of law enforcement officers requesting disclosure of vital statistic records pursuant to section 338-18(b)(14)."

SECTION 2. Section 338-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative of the registrant's estate;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; [~~and~~]

(13) A person who needs a death certificate for the determination of payments under a credit insurance policy[.]; and

(14) A law enforcement officer, as defined by section 710‑1000(13), who needs vital statistics records as evidence in a criminal investigation; provided that the law enforcement officer requests the vital statistics records by submitting to the department a signed statement verifying, under penalty of criminal prosecution for false swearing in official matters, that the vital statistics records are needed as evidence in a criminal investigation. The request must contain a reference number for the criminal investigation upon which the request is based."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1326
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII