SB3123

SECTION 1. The legislature finds that chapter 321, part XXXIV, Hawaii Revised Statutes, mandates the department of health to establish the statewide birth defects program to collect surveillance information on birth defects; report the incidence, trends, and causes of birth defects; and report information for the development of prevention strategies to reduce the incidence of birth defects.

Approximately four and a half per cent of Hawaii births have a major structural or genetic birth defect. Birth defects may result in serious illness, developmental delays, long-term disability, or death, and may cause an increased need for health, education, or social services.

The Hawaii birth defects program has been supported by a fee of $10 per marriage license since 2002. However, the program's salary and fringe expenses have almost doubled between 2002 and 2019. Without additional funding, the program will not have sufficient funding for operating expenses beginning fiscal year 2022-2023. Increasing the revenue for the birth defects special fund will ensure that the program fulfills its mandated responsibilities.

The legislature further finds that the moneys in the vital statistics improvement special fund are not sufficient for the modernization and automation of the vital statistics system and to offset costs for the daily operations of the system of vital statistics. There is an increased demand for marriage certificates to prove legal name changes in order to meet the required REAL ID Act standards for state-issued driver's licenses and identification cards. The vital statistics registration system is over twenty years old and needs to be replaced to support more efficient processing of requests.

The legislature further finds that the current compensation for non-civil service marriage license a gents, who are appointed by the department of health, is $9 per license . This amount has not changed since 1998. The current compensation is not sufficient to meet the operating costs of marriage license agents.

The purpose of this Act is to increase the marriage license fee to support the Hawaii birth defects program, fund modernization of the vital statistics system, and more fairly compensate marriage license agents.

SECTION 2. Section 338-14.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The fund shall consist of fees remitted pursuant to section 338-14.5[.] and section 572-5. All realizations of the fund shall be subject to the conditions specified in subsection (b)."

SECTION 3. Section 572-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license [~~$60,~~] $100, of which the agent, except those provided for in subsection (b), shall retain [$9] $15 for the agent's benefit and compensation and shall remit [~~$51~~] $85 to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) [~~$32~~] $35 for each license issued to the credit of the general fund of the State;

(2) [~~$4.50~~] $5 for each license issued to the credit of the spouse and child abuse special fund established under section 346-7.5;

(3) [~~$4.50~~] $5 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; [~~and~~]

(4) [~~$10~~] $20 for each license issued to the credit of the birth defects special fund established under section 321-426[.]; and

(5) $20 for each license issued to the credit of the vital statistics improvement special fund established under section 338-14.6.

(b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) [~~$41~~] $44 for each license issued to the credit of the general fund of the State;

(2) [~~$4.50~~] $5 for each license issued to the credit of the spouse and child abuse special fund established under section 346-7.5;

(3) [~~$4.50~~] $5 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; [~~and~~]

(4) [~~$10~~] $20 for each license issued to the credit of the birth defects special fund established under section 321‑426; and

(5) $26 for each license issued to the credit of the vital statistics improvement special fund established under section 338-14.6."

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.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	3123
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII