HB715 authorizes the Hawaii Department of Health to issue commemorative certificates of stillbirth, but only after a certificate of fetal death has already been filed and prepared for the registrant under existing vital statistics law. The bill creates a new part in chapter 338, Hawaii Revised Statutes, to define these certificates as commemorative documents rather than official legal records, and it requires a prominent disclaimer stating that the document has no prima facie evidentiary value and no valid legal standing as a bona fide government record.
The bill also establishes a fee structure for the first copy and any additional copies of a commemorative certificate of stillbirth, with the exact dollar amounts left blank in the bill text. Those fees would be deposited into the Vital Statistics Improvement Special Fund, expanding the funding source for that fund beyond the fees already authorized under section 338-14.5. The measure is set to take effect on July 1, 3000, which appears to function as a placeholder effective date rather than a near-term implementation date.
Impact
HB715 would amend chapter 338, Hawaii Revised Statutes, by adding new statutory authority for the Department of Health to issue commemorative stillbirth certificates and by updating the Vital Statistics Improvement Special Fund statute to accept the new fee revenue. It would not change the legal status of fetal death records themselves, but it would create a separate commemorative document for families seeking a non-legal keepsake or memorial record. The bill also clarifies that these certificates cannot be used as evidence of the facts stated in them and are not official government records for legal purposes.
Sentiment
The available legislative history suggests generally favorable or noncontroversial treatment of the bill. HB715 passed second reading as amended in HD 1 and was referred onward without any recorded votes in opposition or with reservations, indicating broad procedural support at that stage. No committee transcript excerpts are available, so there is no recorded debate to suggest significant opposition in the materials provided.
Contention
The main policy issue apparent from the bill text is the distinction between a commemorative certificate and an official vital record. The bill addresses that concern directly by requiring a conspicuous disclaimer and by stating that the certificate has no prima facie evidentiary value or legal standing. Another point that may matter to lawmakers is the fee authority and the blank fee amounts, which would need to be set before implementation. Because no committee discussion is provided, there is no documented disagreement in the record supplied, but any contention would likely center on the symbolic value of the certificates, the appropriate fee level, and ensuring the documents are not confused with legally operative records.