Text of HI HB 2569 (2012)

HOUSE OF REPRESENTATIVES H.B. NO. 2569 TWENTY-SIXTH LEGISLATURE, 2012 STATE OF HAWAII A BILL FOR AN ACT relating to civil unions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 572-1, Hawaii Revised Statutes, is amended to read as follows: §572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that: (1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other[;] or parents who are partners to a civil union or not partners to a civil union; (2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2; (3) The man does not at the time have any lawful wife or civil union partner living and that the woman does not at the time have any lawful husband or civil union partner living; (4) Consent of neither party to the marriage has been obtained by force, duress, or fraud; (5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party; (6) The man and woman to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and (7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony." SECTION 2. Section 572B-2, Hawaii Revised Statutes, is amended to read as follows: "[[]§572B-2[]] Eligibility to enter into a civil union. A person shall be eligible to enter into a civil union only if the person is: (1) Not a partner in another civil union[,] or a spouse in a marriage[, or a party to a reciprocal beneficiary relationship pursuant to chapter 572C]; (2) At least eighteen years of age; and (3) Not related to the other proposed partner in the civil union, as provided in section 572B‑3." SECTION 3. Section 572B-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any [ordained or licensed member of the clergy] minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize civil unions according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, may solemnize a civil union. Solemnization may be entirely secular or may be performed according to the forms and usages of any religious denomination in this State. [Nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for the failure or refusal.]" SECTION 4. Section 572B-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) No persons may be joined in a civil union in this State unless both partners have: (1) Met the requirements of section 572B-2; (2) Complied with section 572B-6 and, if applicable, section 572B-7; and (3) Been issued a license by an agent [in the judicial circuit in which a civil union is to be solemnized or in which either person resides], which license shall bear the certification of the agent that the persons named therein have met the requirements of section 572B-2 and have complied with section 572B-6 and, if applicable, section 572B-7." SECTION 5. Section 572B-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The fee for a license to enter into a civil union shall be an amount equal to the amount prescribed in section 572-5, and all amounts collected by the agent or the department of health as application fees under this chapter shall be retained or remitted and apportioned in the same manner as prescribed in section 572-5." SECTION 6. Section 572B-8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) Each person who solemnizes a civil union shall certify upon the civil union license certificate [the fact, time, and place of the solemnization of the civil union] all the facts required to be stated in a standard certificate of civil union, the form and contents of which shall be prescribed by the department of health, and return the certificate to the [agent] department of health within three business days following the solemnization of the civil union, or as may otherwise be prescribed by the department of health. (b) If any person who has solemnized a civil union fails to return the certificate to the [agent] department of health as required under subsection (a), the partners joined in a civil union may provide the [agent] department of health with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union. Upon the receipt of that affidavit by the [agent,] department of health, the civil union of the partners shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit." SECTION 7. Section 572B-10, Hawaii Revised Statutes, is amended to read as follows: "[[]§572B-10[]] Civil unions performed in other jurisdictions. All unions entered into in other jurisdictions between two individuals not recognized under section 572-3 shall be recognized as civil unions; provided that the relationship meets the eligibility requirements of this chapter, has been entered into in accordance with the laws of that jurisdiction, and can be documented[.]; and provided further that, if either individual is a party to an existing reciprocal beneficiary relationship pursuant to chapter 572C, the union shall not be recognized as a civil union under this section until the reciprocal beneficiary relationship is terminated." SECTION 8. Section 572C-4, Hawaii Revised Statutes, is amended to read as follows: "[[]§572C-4[]] Requisites of a valid reciprocal beneficiary relationship. In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that: (1) Each of the parties be at least eighteen years old; (2) Neither of the parties be married [nor], a party to another reciprocal beneficiary relationship[;], or a partner in a civil union; (3) The parties be legally prohibited from marrying one another under chapter 572; (4) Consent of either party to the reciprocal beneficiary relationship has not been obtained by force, duress, or fraud; and (5) Each of the parties sign a declaration of reciprocal beneficiary relationship as provided in section 572C-5." SECTION 9. Section 572C-7, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows: "(c) Any marriage or civil union license subsequently issued by the department to any individual registered as a reciprocal beneficiary shall automatically terminate the individual's existing reciprocal beneficiary relationship. (d) If either party to a reciprocal beneficiary relationship enters into a legal marriage[,] or civil union, the parties shall no longer have a reciprocal beneficiary relationship and shall no longer be entitled to the rights and benefits of reciprocal beneficiaries." SECTION 10. Section 574-1, Hawaii Revised Statutes, is amended to read as follows: "§574-1 Married persons[.]; civil union partners. Upon marriage or civil union, each of the parties to a marriage or partners to a civil union shall declare the middle and last names each will use as a married person[.] or civil union partner. The last name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse[,] or partner, or any combination of such names, which may, but need not, be separated by a hyphen. The middle name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse[,] or partner, or any combination of such names, which may, but need not, be separated by a hyphen." SECTION 11. Section 574-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) It shall be unlawful to change any name adopted or conferred under this chapter, except: (1) Upon an order of the lieutenant governor; (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 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 (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. Any law to the contrary notwithstanding, 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." SECTION 12. Section 580-1, Hawaii Revised Statutes, is amended to read as follows: "§580-1 Jurisdiction; hearing. Exclusive original jurisdiction in matters of annulment, divorce, and separation, subject to section 603-37 as to change of venue, and subject also to appeal according to law, is conferred upon the family court of the circuit in which the applicant has been domiciled or has been physically present for a continuous period of at least three months next preceding the application therefor. No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months next preceding the application therefor. A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited from meeting the requirements of this section. The family court of each circuit shall have jurisdiction over all proceedings relating to the annulment, divorce, and separation of civil unions entered into in this State or unions recognized as civil unions in this State in the same manner as marriages." SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 14. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST Report Title: Civil Unions; Eligibility; Procedures; Divorce Description: Amends various statutory provisions related to civil unions and conforming amendments to recognize civil unions; deletes the eligibility requirement for a civil union requiring termination of an existing reciprocal beneficiary relationship, except for out-of-state unions recognized in the State as civil unions; authorizes any licensing agent statewide to issue a civil union license; authorizes the Department of Health to collect fees for civil union licenses to allow for application online; conforms the information collected by civil union solemnizers to the information collected by marriage solemnizers; makes a reciprocal beneficiary relationship automatically terminate upon either party entering into a civil union; authorizes civil union partners to change their names on the certificate of civil union; and confirms that the family court has jurisdiction over the divorce, annulment, and separation of partners to a union that is recognized as a civil union in this State. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

CONFERENCE COMMITTEE REP. NO. 120-12 Honolulu, Hawaii , 2012 RE: H.B. No. 2569 H.D. 2 S.D. 1 C.D. 1 Honorable Calvin K.Y. Say Speaker, House of Representatives Twenty-Sixth State Legislature Regular Session of 2012 State of Hawaii Honorable Shan S. Tsutsui President of the Senate Twenty-Sixth State Legislature Regular Session of 2012 State of Hawaii Sirs: Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2569, H.D. 2, S.D. 1, entitled: "A BILL FOR AN ACT RELATING TO CIVIL UNIONS," having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form. The purpose of this measure is to reconfirm and clarify the original intent of the Hawaii civil union laws enacted by Act 1, Session Laws of Hawaii 2011, by, among other things: (1) Clarifying that two individuals who are married, partners to a civil union, or reciprocal beneficiaries and hold property as tenants by the entirety will maintain continuous ownership as tenants by the entirety when they change their legal relationship status under specified conditions; (2) Establishing that if two reciprocal beneficiaries enter into a civil union with one another, their rights, benefits, protections, or responsibilities as reciprocal beneficiaries will be continuous through the time they enter into the civil union and be deemed to have accrued from the first date those rights and responsibilities existed under the reciprocal beneficiary relationship if the couple terminates their reciprocal beneficiary relationship simultaneously with their entry into their civil union or terminates within ninety days prior to their entry into a civil union; (3) Clarifying that the rights, benefits, protections, or responsibilities created by the solemnization of a civil union that were not included within a reciprocal beneficiary relationship are to be recognized as of the date the civil union was solemnized; (4) Clarifying the statutory requirements for a valid marriage contract and to enter into a valid civil union; (5) Clarifying the statutory requirements for the solemnization of a civil union, including which persons are authorized to solemnize a civil union and the reporting requirements of a civil union solemnization; (6) Clarifying that legal unions validly performed in other state jurisdictions that are substantially that are equivalent to a civil union in this State will be treated the same as civil unions entered into in this State; (7) Clarifying that a person may not enter into a reciprocal beneficiary relationship if the person is already in a civil union, and that a reciprocal beneficiary relationship will automatically terminate when either party enters into a marriage, civil union, or an out-of-state union recognized by law as a marriage or civil union in the State; (8) Authorizing a change of name upon entering into a civil union; (9) Confirming that the Family Court has jurisdiction over the divorce, annulment, and separation of a union that is recognized as a civil union in this State; (10) Allowing couples who terminated their reciprocal beneficiary relationships after October 3, 2011, but before the effective date of this Act, and subsequently entered into civil unions no later than ninety days after their reciprocal beneficiary relationships terminated to have their rights held in the reciprocal beneficiary relationships carry over, uninterrupted into their civil unions; and (11) Allowing certain reciprocal beneficiaries who, prior to the effective date of section 17, enter into a legal union in another jurisdiction that is not marriage as recognized in Hawaii but is equivalent to a civil union under Hawaii law, to have their legal union recognized as a civil union. Your Committee on Conference has amended this measure by: (1) Simplifying Section 1 of this measure to emphasize the legislature's intent to reconfirm and clarify the provisions of chapter 572B, Hawaii Revised Statutes, as enacted by Act 1, Session Laws of Hawaii 2011; (2) Including a provision relating to a liability exemption under certain circumstances for religious organizations and religious facilities; and (3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style. As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2569, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2569, H.D. 2, S.D. 1, C.D. 1. Respectfully submitted on behalf of the managers: ON THE PART OF THE SENATE ON THE PART OF THE HOUSE ____________________________ CLAYTON HEE, Chair ______________________________ GILBERT KEITH-AGARAN, Co-Chair ____________________________ JOSH GREEN, M.D., Co-Chair ______________________________ MARCUS R. OSHIRO, Co-Chair