HB2268.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2268
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to reciprocal beneficiaries.

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

SECTION 1. Chapter 572C, Hawaii Revised Statutes, is amended by adding the following section to read as follows:

"§572C- Individuals certified as reciprocal beneficiaries in Hawaii shall have all the benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, common law, or any other source of civil law, except for part I under chapter 572, as are granted to spouses in a marriage validly entered into pursuant to chapter 572."

SECTION 2. Section 572-1.6, Hawaii Revised Statutes, is repealed.

["~~[§572-1.6] Private solemnization not unlawful.~~ Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii."]

SECTION 3. Section 572C-7, Hawaii Revised Statutes, is repealed.

["~~[§572C-7] Termination of reciprocal beneficiary relationship;~~ filing fees and records; termination upon marriage. (a) Either party to a reciprocal beneficiary relationship may terminate the relationship by filing a signed notarized declaration of termination of reciprocal beneficiary relationship by either of the reciprocal beneficiaries with the director. For the filing of the declaration, the director shall collect a fee of $8, which shall be remitted to the director of finance for deposit into the general fund.

(b) Upon the payment of the fee, the director shall file the declaration and issue a certificate of termination of reciprocal beneficiary relationship to each party of the former relationship. The director shall maintain a record of each declaration and certificate of termination of reciprocal beneficiary relationship filed with or issued by the director.

(c) Any marriage 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, 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 4. Except for part I of chapter 572, every reference in the Hawaii Revised Statutes to "marriage", or any aspect thereof, shall apply equally to "reciprocal beneficiaries", including:

(1) Every reference in the Hawaii Revised Statutes to "married" or "spousal" shall apply equally to the status of partners certified as reciprocal beneficiaries in Hawaii;

(2) Every reference to "husband", "wife", or "spouse" shall apply equally to a partner in a certified reciprocal beneficiary relationship; and

(3) Every reference to marital status, unless stated otherwise under reciprocal beneficiaries, including provisions pertaining to parties and procedures for annulment, divorce, separation, or dissolution, shall apply equally and as necessary to reciprocal beneficiaries and to partners in a reciprocal beneficiary relationship.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2011.

INTRODUCED BY:	_____________________________