Bill Text: HI HB358 | 2021 | Regular Session | Introduced
Bill Title: Relating To Name Changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-27 - Referred to JHA, FIN, referral sheet 1 [HB358 Detail]
Download: Hawaii-2021-HB358-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
358 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to name changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The clerks shall use all reliable and pertinent information to keep the general register up to date. The county clerks may request information from, but are not limited to, the following sources:
(1) The [office of the lieutenant governor]
department of health for any change of name;
(2) Courts for any changes of name, divorces, separations, or other changes affecting voter status;
(3) The department of health for marriages, deaths, or other changes affecting voter status;
(4) Utility companies concerning commencement or changes of service;
(5) Residential apartments, cooperative apartments, and condominiums as to changes of occupancy.
In requesting the information the clerk shall give reasonable notice and time for furnishing the information."
SECTION 2. Section 286-308, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A cardholder who, after receiving an identification card, has a change in one or more of the following:
(1) Name, legally
changed by marriage, divorce, adoption, legitimization, order of the [lieutenant
governor,] department of health, or other legal means;
(2) Citizenship status;
(3) Address; or
(4) Individual in charge of the cardholder (in the case of a minor or incompetent individual),
within thirty days after the change, shall report the change, submit supporting documents, and present the cardholder's identification card to the examiner. The examiner of drivers, upon being furnished with satisfactory proof as to the change, and receiving payment of the fee, shall cancel the identification card and issue a new identification card bearing the new name, citizenship status, or address of the cardholder, making appropriate notation of the facts upon the records of the examiner."
SECTION 3. Section 574-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) It shall be unlawful to change any name adopted or conferred under this chapter, except:
(1) Upon an order [of
the lieutenant governor;] issued by the department of health;
(2) By a final order, decree, or judgment of the family court issued as follows:
(A) When in an adoption proceeding a change of name of the person to be adopted is requested and the court includes the change of name in the adoption decree;
(B) When in a divorce proceeding either party to
the proceeding requests to:
(i) Resume the middle name or names and the last name used by the party prior to the marriage or civil union or a middle name or names and last name declared and used during any prior marriage or civil union and the court includes the change of names in the divorce decree; or
(ii) Change the name of a minor child of one or more of the parties if the court determines that the change of name is in the child's best interest; or
(C) When in a proceeding for a change of name of a legitimate or legitimated minor initiated by one parent, the family court, upon proof that the parent initiating the name change has made all reasonable efforts to locate and notify the other parent of the name change proceeding but has not been able to locate, notify, or elicit a response from the other parent, and after an appropriate hearing, orders a change of name determined to be in the best interests of the minor; provided that the family court may waive the notice requirement to the noninitiating, noncustodial parent where the court finds that the waiver is necessary for the protection of the minor;
(3) Upon marriage or civil union pursuant to section 574‑1;
(4) Upon legitimation pursuant to section 338-21; or
(5) By an order or decree of any court of competent jurisdiction within any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, changing the name of a person born in this State.
Notwithstanding any law to the contrary, no person who is a covered offender subject to the registration requirements of section 846E-2 may obtain a name change, other than as provided in paragraph (2), (3), (4), or (5), unless a court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety.
(b) The order of change of name by the [lieutenant
governor] department of health shall be founded upon a notarized petition. The petition shall be executed by the person
desirous of making the change of name.
In the case of a minor, the petition shall be executed:
(1) By the parents;
(2) By the parent who has custody of the minor with the notarized consent of the noncustodial parent; or
(3) By the guardian of the minor."
2. By amending subsection (d) to read:
"(d) A notice of change of name signed by the [lieutenant
governor] director of health shall be published once in a newspaper
of general circulation in the State as mentioned in the order for change of
name, and the petitioner within sixty days of the signing of the notice of
change of name shall deposit at the office of [the lieutenant governor] health
status monitoring of the department of health an affidavit executed by an
officer of the newspaper publishing the notice showing that the notice has been
published therein. The affidavit shall
have attached to it a clipping showing the notice as published. Failure to deposit the affidavit of
publication as required shall void that petition for a change of name by that
petitioner."
SECTION 4. Section 574-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The change of name provided for by order of
the [lieutenant governor] department of health shall be effective
upon the date of publication of the notice of change of name.
(b) In all cases of change of name by order of
the [lieutenant governor,] department of health, except as
otherwise provided by law, the order shall be recorded in the bureau of
conveyances within sixty days after the signing of the order."
2. By amending subsection (d) to read:
"(d) The [lieutenant governor] department
of health shall adopt rules pursuant to chapter 91 necessary for the
purposes of this chapter."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2022.
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INTRODUCED BY: |
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Report Title:
Department of Health; Office of Health Status Monitoring; Vital Statistics; Name Change
Description:
Transfers the change of name procedures from the office of the lieutenant governor to the department of health. Effective 1/1/2022.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
