STAND. COM. REP. NO.  572

Honolulu, Hawaii

                , 2015

RE:   H.B. No. 631

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 631 entitled:

"A BILL FOR AN ACT RELATING TO CERTIFICATES OF BIRTH,"

begs leave to report as follows:

The purpose of this measure is to establish the documentation required when requesting the Department of Health (Department) to issue a new birth certificate with a sex designation change.

The Hawaii State Commission on the Status of Women, Hawai‘i Civil Rights Commission, American Civil Liberties Union of Hawaii, Gay Lesbian Bisexual and Transgender Caucus, Democratic Party of Hawai‘i, Equality Hawai‘i, Pride at Work Hawaii, Rainbow Family 808, Community Alliance on Prisons, and many concerned individuals supported this measure.  The Hawaii Catholic Conference, Hawaii Family Advocates, Hawaii Family Forum, and several concerned individuals opposed this measure.  The Department of the Attorney General, Department of Health, and a concerned individual provided comments.

     Your Committee has amended this measure by:

(1)  When establishing a new certificate of birth with a sex designation change, requiring an affidavit, instead of a statement, attesting to the need for the change, and specifying that a licensed mental health provider is also authorized to submit the affidavit;

(2)  Deleting new language regarding the establishment of a cause of action arising from the Department's refusal to issue a new birth certificate;

(3)  Changing its effective date to July 1, 2050, to facilitate discussion; and

(4)  Making technical, nonsubstantive changes 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. 631, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 631, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DELLA AU BELATTI, Chair