Report Title:

Heirloom Marriage Certificates

 

Description:

Authorizes the DOH to issue heirloom marriage certificates for $50. Sets aside proceeds for funding domestic violence programs.

 

THE SENATE

S.B. NO.

644

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HEIRLOOM MARRIAGE CERTIFICATES.

 

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- Heirloom marriage certificate program. (a) In addition to the regular marriage certificate issued by the department under section 338-13, the department may issue heirloom marriage certificates for persons married in the State to the person, the person's parents, children, or grandchildren. The heirloom marriage certificate shall contain all of the information required on a regular marriage certificate but shall be designed in an attractive format designed for display, to be determined by the department. The heirloom marriage certificate shall be an official state document and shall serve the same function as a regular marriage certificate issued under section 338-13.

(b) The fee for the heirloom marriage certificate shall be $50. All proceeds from the sale of heirloom marriage certificates shall be deposited in the domestic violence prevention special fund established under section 321-1.3."

SECTION 2. Section 338-11, Hawaii Revised Statutes, is amended to read as follows:

"§338-11 Form of certificates. The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. In addition, the forms of death certificates shall require the individual's social security number. The form and use of the certificates shall be subject to sections 338-16 to 338-18[.] and section 338- ."

SECTION 3. Section 338-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Subject to the requirements of sections 338-16, 338-17, [and] 338-18, and 338- , the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof."

SECTION 4. Section 338-14, Hawaii Revised Statutes, is amended to read as follows:

"§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates. (a) The department of health shall establish reasonable fees to be paid for certified copies of certificates[;], excluding fees for heirloom marriage certificates established under section 338- ; provided that the department shall furnish, free of charge, a certified copy of any of the records, or a certification of birth, to any veteran of the armed forces of the United States, the veteran's wife, any member of the immediate family of a veteran or the next of kin of a deceased veteran, when required for use in connection with a claim based on service in the armed forces of the United States. Subject to sections 338-16, 338-17, and 338-18, the National Center for Health Statistics may obtain transcripts and statistical summaries on computer tapes of certificates or, without payment of fees, certified copies; provided the State is put to no expense in connection therewith.

A reasonable fee shall be charged for any correction in the items on a vital statistics certificate initiated by the registrant or the registrant's parent or representative if the registrant is a minor.

(b) The department may prescribe reasonable fees for searches of files and records not involving the issuance of certified copies.

(c) The department shall keep an account of all fees collected and shall deposit them to the general fund of the State except as provided in sections 321-1.3, 338-14.5, 338-14.6, 338- , 346-7.5, and 601-3.6.

(d) Any fee established by the department pursuant to this section shall be adopted in accordance with chapter 91[.], excluding fees for heirloom marriage certificates under section 338-  . In establishing a fee, the amount shall be sufficient to cover the expenses involved in searching for, cost of a copy of, or correction of the certificate, file, or record, as the case may be. The department may raise the fees up to ten per cent per year without being subject to the provisions of chapter 91."

SECTION 5. Section 338-14.5, Hawaii Revised Statutes, is amended to read as follows:

"§338-14.5 Copies of certificate; fees. The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health, excluding fees for heirloom marriage certificates under section 338- , shall consist of $10 for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each single request for certified copies. All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates shall be remitted to the director of health. Upon the receipt of remittances under this section, the director of health shall deposit:

(1) $1 for each certified copy to the credit of the spouse and child abuse special account established under section 346-7.5;

(2) $1 for each certified copy to the credit of the spouse and child abuse special account established under section 601-3.6;

(3) $1 for each certified copy to the credit of the domestic violence prevention special fund established under section 321-1.3;

(4) $1 for each certified copy to the credit of the vital statistics improvement special fund established under section 338-14.6; and

(5) The remainder of the fee for each certified copy to the credit of the state general fund."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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