THE SENATE

S.B. NO.

2056

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to vital statistics.

 

 

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

 


     SECTION 1.  Section 338-18, Hawaii Revised Statutes, is amended to read as follows:

"§338-18  Disclosure of records.  (a)  To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.

     (b)  The department shall not permit inspection of public health statistics records, other than birth certificates, 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.

     (c)  The department may permit the use [[]of[]] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.

     (d) Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.

     (e)  The department may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than seventy-five years prior to the current year.

     (f)  Subject to this section, the department may direct its local agents to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies.  Payment by these agencies for these services may be made as the department shall direct.

     (g)  The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:

     (1)  A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;

     (2)  A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;

     (3)  A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;

     (4)  A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or

     (5)  An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.

    (h)  The department of health shall permit any person to inspect a birth certificate if the person complies with the following requirements:

    (1)  The person shall submit an application containing the applicant's name, address, and the last four digits of the applicant's social security number;

    (2)  The person shall provide two forms of valid government-issued photo identification, a photocopy of which shall be kept by the department;

    (3)  The person shall pay to the department a non-refundable application fee of $50 for each birth certificate to be inspected;

    (4)  Inspection of the birth certificate shall take place at a department facility in a secured room; provided that the department may conduct camera surveillance during the inspection;

    (5)  Inspection of the birth certificate shall take place in the presence of and under the direct supervision of a person employed by the department;

    (6)  No photographs or copies of the birth certificate shall be allowed;

    (7)  Inspection shall take place within a maximum time limit of fifteen minutes; and

    (8)  Any material contained in the birth certificate that is determined by the department to be sensitive or confidential shall be redacted and shall not be available for public inspection."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



Report Title:

Vital Statistics; Birth Certificates

 

Description:

Permits the public inspection of birth certificates under certain conditions.

 

 

 

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