HB 715: RELATING TO VITAL STATISTICS.

A BILL FOR AN ACT

RELATING TO VITAL STATISTICS.

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

     SECTION 1.  Chapter 338, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  Commemorative certificates of stillbirth

     §338-A  Commemorative certificates of stillbirth; authorized.  The department of health may issue commemorative certificates of stillbirth; provided that the department has previously filed and prepared a certificate of fetal death for the registrant pursuant to section 338-9.

     §338-B  Fees.  (a)  The fees for a commemorative certificate of stillbirth issued by the department of health pursuant to this part shall be $           for the first copy and $           for each copy issued thereafter.

     (b)  All fees received of remittances of commemorative certificates of stillbirth shall be deposited into the vital statistics improvement special fund established under section 338-14.6.

     §338-C  Evidentiary character of certificates; absence thereof.  A commemorative certificate of stillbirth issued pursuant to this part shall not be prima facie evidence of the facts therein stated and shall have no valid legal standing as a bona fide government record.

     §338-D  Disclaimer.  The department of health shall print on the back of every commemorative certificate of stillbirth issued pursuant to this part a disclaimer in block letters in at least twelve-point type that shall read:

"THIS DOCUMENT HAS BEEN ISSUED BY THE HAWAII DEPARTMENT OF HEALTH AND HAS NO PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED AND SHALL HAVE NO VALID LEGAL STANDING AS A BONA FIDE GOVERNMENT RECORD.""

     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 338-B(b).  All realizations of the fund shall be subject to the conditions specified in subsection (b)."

     SECTION 3.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Vital Statistics; Commemorative Certificates of Stillbirth; Department of Health; Fees; Vital Statistics Improvement Special Fund

Description:

Authorizes the Department of Health to issue commemorative certificates of stillbirth.  Establishes fees for the issuance of commemorative certificates of stillbirth, to be deposited into the Vital Statistics Improvement Special Fund.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to vital statistics.

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

     SECTION 1.  Chapter 338, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§338-     Certificates of stillbirth.  (a)  The department of health shall, upon the request of the parent or parents, issue a certificate of stillbirth to the parent or parents named on a fetal death certificate issued in the case of a stillbirth.  A certificate may be requested and issued regardless of the date on which the fetal death certificate was issued.  The certificate shall, upon the request of the parent or parents, include the name given to the stillborn fetus.

     (b)  For purposes of this section, "stillbirth" means the unintended intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of health to modify the fetal death reporting system, certificate ordering system, and retaining of personnel necessary to implement this Act.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Vital Statistics; Certificates of Stillbirth; Department of Health; Appropriation

Description:

Requires the Department of Health to issue a certificate of stillbirth, upon request of the parent or parents named on a fetal death certificate issued in the case of a stillbirth.  Appropriates funds.

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

STAND. COM. REP. NO.  531

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 715

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 715 entitled:

"A BILL FOR AN ACT RELATING TO VITAL STATISTICS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Department of Health to issue a certificate of stillbirth upon request of the parent or parents named on a fetal death certificate issued in a case of a stillbirth; and

     (2)  Appropriate funds for the Department of Health to modify the fetal death reporting system, certificate ordering system, and retaining of personnel necessary to implement this measure.  

     Your Committee received testimony in support of this measure from the Association of Hawaiian Civic Clubs; Elizabeth Kahanu Hawaiian Civic Club; Moku o Manokalanipō, The Kauaʻi Council of the Association of Hawaiian Civic Clubs; and two individuals.  Your Committee received comments on this measure from the Department of Health and Planned Parenthood Alliance Advocates - Hawaiʻi.

     Your Committee finds that the loss of a baby due to stillbirth remains a sad reality for many families and can take a serious toll on a family's health and well-being.  A certificate acknowledging a stillbirth can be a meaningful part of the grieving and healing process.

     Your Committee has heard the concerns raised in testimony by the Department of Health, that this measure creates a new vital record that may conflict with existing statutes and may create unintended consequences relating to reproductive health and access to abortions.  Your Committee appreciates these concerns and believes that an appropriate alternative would be to authorize the Department of Health to issue a commemorative certificate, which has no legal standing and would not conflict with the United States Standard of Certificates of Birth, Death, and Fetal Death.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting its substantive contents requiring the issuance of certificates of stillbirth and appropriating funds, and inserting language that:

          (A)  Authorizes the Department of Health to issue commemorative certificates of stillbirth, subject to certain conditions;

          (B)  Establishes an unspecified amount of fees for commemorative certificates of stillbirth, to be deposited into the Vital Statistics Improvement Special Fund;

          (C)  Specifies that a commemorative certificate of stillbirth shall not be prima facie evidence of facts and has no valid legal standing as a bona fide government record and requires a disclaimer on the back of the commemorative certificate indicating the same; and

          (D)  Amends the purpose of the Vital Statistics Improvement Special Fund to accept fees remitted from issuance of commemorative certificates of stillbirth;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 715, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 715, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Health,