STAND. COM. REP. NO. 2518

Honolulu, Hawaii

RE: S.B. No. 3123

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs and Health and Human Services, to which was referred S.B. No. 3123 entitled:

"A BILL FOR AN ACT RELATING TO ACCESS TO VITAL RECORDS FOR THE DEPARTMENT OF HAWAIIAN HOME LANDS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize the Department of Hawaiian Home Lands to access vital records for purposes of verifying native Hawaiian ancestry for beneficiary programs; and

(2) Require the Department of Health and Department of Hawaiian Home Lands to enter into a Memorandum of Agreement to assure appropriate access and handling of confidential records and sealed records that have been unsealed pursuant to court order.

Your Committees received testimony in support of this measure from the Department of Hawaiian Home Lands; Department of Health; Department of Human Services; Free Access Coalition; Hoʻomana Pono, LLC; and two individuals.

Your Committees find that Hawaii is a "closed record" state, which means that persons or entities must demonstrate a direct and tangible interest in a vital record to have access to the record. Allowing the Department of Hawaiian Home Lands to have access to vital records for certain purposes and under certain conditions, greatly reduces the administrative barriers to vetting claims of native Hawaiian ancestry to facilitate participation in beneficiary programs while still protecting the privacy of vital records. This measure will expedite the process to determine the eligibility of native Hawaiian individuals and families and will also ease the administrative burden of the Department of Hawaiian Home Lands.

Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3123, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3123, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Health and Human Services,

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ MAILE S.L. SHIMABUKURO, Chair