Honolulu, Hawaii



RE:    H.B. No. 631

       H.D. 2

       S.D. 1




Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred H.B. No. 631, H.D. 2, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to amend the documentation required when requesting the Department of Health to issue a new birth certificate with a sex designation change by requiring an affidavit from a licensed medical provider or license mental health provider attesting that the current birth certificate record does not align with the birth registrant's gender identity and that in the provider's professional opinion, the birth registrant's sex designation should be changed accordingly.


     Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission, American Civil Liberties Union of Hawaii, Human Rights Campaign, Pride At Work Hawaii, Gay Lesbian and Transgender Caucus of the Democratic Party of Hawaii, Equality Hawaii, Democratic Party of Hawaii, Community Alliance on Prisons, and twenty-one individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Family Forum, Hawaii Catholic Conference, and four individuals.  Your Committee received comments on this measure from the Department of the Attorney General.


     Your Committee finds that the majority of transgender individuals do not choose to undergo sex reassignment surgeries for various reasons, including prohibitive costs and other medical and personal reasons.  Thus, the current statutory reference to a sex change operation is outdated.  This measure would make it easier for transgender individuals to request a new birth certificate, allowing them to more readily amend their legal documents, including driver's license and other forms of identification.


     Your Committee has amended this measure by:


     (1)  Inserting language that requires a copy of an order from the Circuit Court granting a petition for a new birth certificate to be submitted to the Department of Health with the affidavit from a licensed medical provider or licensed mental health provider;


     (2)  Requiring the Supreme Court of Hawaii to adopt rules and forms as necessary to implement this measure; and


     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 631, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 631, H.D. 2, S.D. 1.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,