SB1247

Report Title:

Premarital Education; Marriage License Fees, Mandatory Kids First Program

Description:

Provides reduced marriage license fees for couples participating in premarital educational classes; requires mandatory classes for parents and children involved in divorce proceedings; requires marital resource brochures be given to applicants for marriage licenses.

THE SENATE	S.B. NO.	1247
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

relating to Family.

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

SECTION 1. Chapter 572, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§572- Premarital education. (a) In order to qualify for the reduced marriage fee under section 572-5(c), persons applying for the license shall:

(1) Complete at least twelve hours of premarital education; and

(2) Submit a signed and dated statement from a person authorized to solemnize marriages under section 572-12, an ordained minister or the minister's designee, or a person authorized to practice marriage and family therapy under chapter 451J.

The premarital education shall include the use of a premarital inventory designed to explore relationship strength and growth areas, strengthen communication and conflict resolution skills, develop budgeting and financial planning capability, and set personal, couple, and family goals.

(b) The statement from the person who provides the premarital education under subsection (a) must be in the following form:

"I, (name of educator), confirm that (names of both parties) received at least twelve hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am an ordained minister, a person authorized to solemnize marriages under Hawaii Revised Statutes (HRS) section 572-12, or a person licensed to practice marriage and family therapy under HRS chapter 451J."

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the marriage license application."

SECTION 2. Chapter 580, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§580- Parties with children; mandatory class. When a party files for divorce and there are minor children involved, both married parents and any minor child between the ages of six and seventeen from the current or any prior relationship shall attend parent and child education classes, unless excused by the presiding judge."

SECTION 3. Section 572-5, Hawaii Revised Statutes, is amended to read as follows:

"§572-5 Marriage license; agent to grant; fee. (a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license $60, of which, if the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit $51 to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $32 for each license issued to the credit of the general fund of the State;

(2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10 for each license issued to the credit of the [[]birth defects special fund[]] established under section 321-426.

(b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $41 for each license issued to the credit of the general fund of the State;

(2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10 for each license issued to the credit of the [[]birth defects special fund[]] established under [[]section[]] 321-426.

(c) The marriage license fee for parties who have completed the premarital education requirements, under section 572- , is $30. Any agent appointed under subsection (a) collecting a $30 fee shall retain $9 for the agent's benefit and compensation and shall remit $21 to the director of health. Any agent appointed under subsection (b) collecting a $30 fee shall remit $30 to the director of health. Upon receipt of the remittances under this subsection, the director of health shall deposit:

(1) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6;

(3) $10 for each license issued to the credit of the birth defects special fund established under section 321-426; and

(4) The remainder of the fee for each license issued to the credit of the general fund of the State.

[~~(c)~~] (d) Every agent appointed under this section may administer the oaths required by this chapter to be taken.

[~~(d)~~] (e) The department or its authorized agents shall furnish to each applicant for a marriage license [a]:

(1) A brochure explaining rubella, the risks of infection with rubella during pregnancy, and how to seek testing and immunization[~~. The department or its authorized agents shall also furnish to each applicant for a marriage license information,~~];

(2) Information, to be provided by the department, relating to population stabilization, family planning, birth control, fetal alcohol and drug syndromes, and acquired immune deficiency syndrome (AIDS), including the availability of anonymous testing for HIV infection at alternate test sites; provided that such information is available[.]; and

(3) A brochure on the available resources for marital support. The brochure shall contain information for marital support resources such as books; audio tapes; and locations of pre-marriage classes, marital support groups, marriage seminars, and financial fitness classes."

SECTION 4. Section 607-5.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§607-5.6 Surcharge for parent education for separating parties in matrimonial actions, where either party has a minor child, and for parties in parentage actions; special fund. (a) In addition to the fees prescribed under section 607-5 for a matrimonial action where either party has a minor child, or a family court proceeding under chapter 584, the court shall collect a surcharge of [~~$50~~] $35 from the petitioner at the time of filing the initial complaint or petition[.] and $15 from the non-filing party at the time of the parent education classes. In cases where [~~the~~] either surcharge has been initially waived, the court may collect the waived surcharge [~~subsequent to the filing with such surcharge to be assessed]~~ from either party or [~~apportioned~~] it may be reapportioned between both parties."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________