HOUSE OF REPRESENTATIVES

H.B. NO.

251

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NATIVE HAWAIIANS.

 

 

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

 


     SECTION 1.  In Act 195, Session Laws of Hawaii 2011, the legislature recognized the Native Hawaiian people as the only indigenous, aboriginal, maoli people of Hawaii.  Act 195 also provided for the recognition of the Native Hawaiian people by means and methods that would facilitate their self-governance, including the establishment of, or amendment to, programs, entities, and other matters pursuant to law that relate to or affect ownership, possession, or use of lands by the Native Hawaiian people, and by further promoting their culture, heritage, entitlements, health, education, and welfare.

     To begin the process of recognition, Act 195 established a five-member roll commission whose purpose, in part, is to certify individuals on the roll of qualified Native Hawaiians.  A qualified Native Hawaiian must be, among other requirements, someone who is a descendant of the aboriginal peoples who, prior to 1778, occupied and exercised sovereignty in the Hawaiian islands; or someone who is one of the indigenous, native people of Hawaii and was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act, 1920, or a direct lineal descendant of that individual.  A qualified Native Hawaiian must also be eighteen years of age or older.

     In order to meet the requirements for certification as a qualified Native Hawaiian, it is often necessary for an individual to produce birth, marriage, divorce, or death certificates, certified by the department of health.  These certificates currently cost $10 for the first copy and $4 for each additional copy.

     The purpose of this Act is to establish a fee of $1, which shall be deposited into the state general fund, for certified copies of birth, marriage, divorce, or death certificates that are required to prove that an individual is a qualified Native Hawaiian.

     SECTION 2.  Section 338-14.5, Hawaii Revised Statutes, is amended to read as follows:

     "§338-14.5  Copies of certificate; fees.  (a)  The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health 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. 

     (b)  All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates pursuant to subsection (a) shall be remitted to the director of health.  Upon the receipt of remittances under this [section,] subsection, 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 and sexual assault 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.

     (c)  The fee for a certified copy of a birth, marriage, divorce, or death certificate issued by the department of health shall be $1 for each certified copy when the certified copy is required as proof that an individual is a qualified Native Hawaiian pursuant to section 10H-3.  The director of health shall deposit moneys collected under this subsection into the  general fund."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Native Hawaiians; Certified Copies; Fees

 

Description:

Establishes a $1 fee for certified copies of birth, marriage, divorce, or death certificates when required to verify qualified Native Hawaiian status for the Native Hawaiian roll.  Requires Director of Health to deposit fee into the State's general fund.

 

 

 

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