SB2571.DOC

SECTION 1. The legislature finds that in 2011, Act 1, Session Laws of Hawaii 2011 ("Act 1") was enacted into law. Act 1 established the status of civil unions in this State, which granted eligible couples "all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572", Hawaii Revised Statutes.

The legislature recognizes that the State, over time, has woven into our laws a collection of rights, benefits, and obligations applicable to married couples and families. Through Act 1, the legislature intended that these rights and benefits be applied identically to civil union partners. As correctly stated by the house committee on judiciary in Standing Committee Report No. 156 (2011), "It is the intention of your Committee that this measure be liberally construed to provide equality of rights, benefits, protections, and responsibilities to the partners of a civil union. It is not the intention of your Committee to omit any substantive rights, benefits, protections, or responsibilities with respect to the application of this new chapter to any current law, including any law relating to parent-child relationships."

The purpose of this Act is to assure that the original intent of Act 1 is fulfilled by making clarifying amendments to select statutory provisions to:

(1) Settle potential confusion regarding the scope of Act 1's intent; and

(2) Clarify statutory language governing procedures and processes to facilitate the implementation of Act 1.

In making these amendments, it is the intent of the legislature to reconfirm and clarify the original intent of Act 1. Nothing about this Act should be interpreted to weaken or lessen any of the protections, obligations, rights, and responsibilities governed by Act 1.

SECTION 2. Chapter 572B, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"572B‑ Construction. (a) This chapter shall be liberally construed and applied to promote its underlying purpose, which is to provide partners to a civil union with the rights, benefits, protections, and responsibilities afforded or recognized by the law of Hawaii to those who contract, obtain a license, and are solemnized pursuant to chapter 572.

(b) Selected amendments to statutes, or failure to amend all or portions of statutes, to include references to this chapter, civil unions, or civil union partners, shall not be interpreted as legislative intent to exclude any rights, benefits, protections, or responsibilities from the scope of section 572B-9 or this chapter.

§572B‑ Transition from reciprocal beneficiary relationship to civil union for same persons. (a) When two persons terminate their reciprocal beneficiary relationship and enter into a civil union or have their union recognized as a civil union, and both events occur substantially concurrently:

(1) All rights, benefits, or obligations that were applicable to the persons based on their reciprocal beneficiary relationship that are also applicable to the persons based on their civil union relationship pursuant to section 572B-9, shall be deemed continuous, and any reference to the date of commencement of the right, benefit, or obligation shall be deemed to refer to the date the persons accrued the right, benefit, or obligation under the reciprocal beneficiary relationship;

(2) For purposes of calculating the duration of a qualifying relationship, including with respect to elective shares under section 560:2-202, but excluding calculation for purposes of divorce, annulment, or divorce proceedings, the duration of the qualifying relationship shall be deemed to commence as of the date of certificate of reciprocal beneficiary relationship; and

(3) For any right or benefit for which there is a waiting period or probationary period, including but not limited to health insurance, no person shall treat the conversion of a reciprocal beneficiary relationship to a civil union as a change in status that restarts the waiting period or probationary period solely on the basis of the change in status.

(b) When two persons terminate their reciprocal beneficiary relationship and subsequently enter into a civil union or have their union recognized as a civil union, and there are fewer than thirty days between the two events:

(3) For any right or benefit for which there is a waiting period or probationary period, including but not limited to health insurance, the conversion of a reciprocal beneficiary relationship to a civil union may restart the waiting period or probationary period.

(c) When two persons terminate their reciprocal beneficiary relationship and subsequently enter into a civil union or have their union recognized as a civil union, and there are thirty or more days between the two events:

(1) The rights, benefits, or obligations that were applicable to the persons based on their reciprocal beneficiary relationship that are also applicable to the persons based on their civil union relationship pursuant to section 572B-9, shall not be deemed continuous;

SECTION 3. Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§584‑ Child of parents in a civil union. The rights and obligations of civil union partners with respect to a child of whom either partner becomes the parent during the term of the civil union shall be the same as those of a married couple with respect to a child of whom either spouse or partner becomes the parent during the marriage, including the presumption that a partner of a civil union is presumed to be the natural parent of a child conceived by the other partner where the biological parent and the nonbiological partner are or have been in a civil union and:

(1) The child is born while the civil union is in effect, or within three hundred days after the civil union is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court; or

(2) The nonbiological partner has shown indicia of commitment to be a parent to the child."

SECTION 4. Section 88-1, Hawaii Revised Statutes, is amended to read as follows:

"§88-1 Restrictions. The provisions of this section shall be applicable to every pension and to every recipient or beneficiary thereof, granted or provided for by any special act of the legislature (other than benefits, or the recipients thereof, payable to beneficiaries or retirants of the employees' retirement system under parts II, VII, and VIII) whether the pension be payable by the State or by any county, or by any board, commission, bureau, department, or other agency thereof:

(1) No recipient or beneficiary shall be permitted to draw any pension, or any portion thereof, in excess of $50 per month, while the recipient or beneficiary is holding any salaried position or office in, under or by authority of the United States, the State, or any political subdivision thereof. This paragraph shall not apply to any recipient or beneficiary who is elected to the legislature or to the council of any county.

(2) If the recipient or beneficiary is a surviving spouse or reciprocal beneficiary, the pension so granted shall cease when the surviving spouse or reciprocal beneficiary remarries, marries, [or] enters into a new civil union, or enters into a new reciprocal beneficiary relationship.

(3) Any pension payable to any minor shall cease when the minor reaches the age of eighteen years.

(4) If any recipient or beneficiary of a pension, having a spouse or reciprocal beneficiary at the time the pension was first granted to the recipient or beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried, not in a civil union, or not in a reciprocal beneficiary relationship, shall be paid sixty per cent of the amount of the pension payable to the beneficiary."

SECTION 5. Section 88-4, Hawaii Revised Statutes, is amended to read as follows:

"§88-4 Medical aid, etc., when free. Every recipient of any retirement allowance or pension payable by the State or by any county or by any other governmental body or agency created by or under the laws of the State who is actually and solely dependent upon the recipient's retirement allowance or pension for the recipient's maintenance and support or whose total income in whatever form or from whatever source received, including but not limited to, the recipient's retirement allowance or pension and any income of the recipient's spouse or reciprocal beneficiary is less than $2,400 a year shall, for the recipient and the recipient's spouse or reciprocal beneficiary, be entitled to free medical treatment from any government physician employed by the State or any county and to free hospitalization at any state hospital or at a hospital where county patients are treated at county expense in the county wherein the recipient resides.

Whenever a retirant or pensioner having a spouse or reciprocal beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried, does not enter into a civil union, and does not enter into a reciprocal beneficiary relationship, shall be eligible for benefits under this section."

SECTION 6. Section 88-85, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the case of an accidental death as determined by the board pursuant to section 88-85.5, there shall be paid to the member's designated beneficiary or to the member's estate the amount of the member's accumulated contributions and there shall be paid in lieu of the ordinary death benefit payable under section 88-84, a pension of one-half of the average final compensation of the member:

(1) To the surviving spouse or reciprocal beneficiary of the member to continue until the surviving spouse or reciprocal beneficiary remarries, marries, enters into a new civil union, or enters into a new reciprocal beneficiary relationship;

(2) If there be no surviving spouse or reciprocal beneficiary, or if the surviving spouse or reciprocal beneficiary dies or remarries, marries, enters into a new civil union, or enters into a new reciprocal beneficiary relationship before any child of the deceased member shall have attained the age of eighteen years, then to the deceased member's child or children under the age of eighteen, divided in the manner as the board in its discretion shall determine, to continue as a joint and survivor pension of one-half of the deceased member's final compensation until every child dies, or attains the age of eighteen; or

(3) If there is no surviving spouse or reciprocal beneficiary or child under the age of eighteen years surviving the deceased member, then to the deceased member's dependent father or dependent mother, as the deceased member shall have nominated by written designation duly acknowledged and filed with the board, or if there is no nomination, then to the deceased member's dependent father or to the deceased member's dependent mother as the board, in its discretion, shall direct to continue for life.

The pension shall be effective on the first day of the month following the member's death, except for the month of December, when benefits shall be effective on the first or last day of the month."

SECTION 7. Section 88-93, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"§88-93 Named beneficiaries by members and by former employees; effect of marriage, entry into civil union or reciprocal beneficiary relationship, divorce, termination of reciprocal beneficiary relationship, or death."

2. By amending subsection (a) to read:

"(a) All written designations of beneficiaries for members and for former employees shall become null and void when:

(1) The beneficiary predeceases the member or former employee;

(2) The member or former employee is divorced from the beneficiary;

(3) The member or former employee is unmarried, and subsequently marries; [or]

(4) The member or former employee is single, and subsequently enters into a civil union; or

[~~(4)~~] (5) The member or former employee enters into or terminates a reciprocal beneficiary relationship.

Any of the above events shall operate as a complete revocation of the designation and, except as provided in sections 88-84(b) and 88-338(b) all benefits payable by reason of the death of the member or former employee shall be payable to the member's or former employee's estate unless, after the death, divorce [or], marriage, entry into a civil union, or entry into or termination of reciprocal beneficiary relationship, the member or former employee makes other provision in a written designation duly executed and filed with the board."

SECTION 8. Section 88-163, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Upon the death of any member of the police force, fire department, or band, as a result of any injury received or disease contracted while in the performance of his duty, or when entitled to a pension under this part or who has been pensioned under this part there shall be paid, for funeral expenses, a sum not to exceed $100. Should the deceased member leave a dependent widow or reciprocal beneficiary and a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the widow until her death [or], remarriage, or entry into a new civil union, or to the reciprocal beneficiary until death, marriage, entry into a new civil union, or entry into a new reciprocal beneficiary relationship and $7.50 per month to the widow or reciprocal beneficiary for each child so long as the child shall reside with the widow or reciprocal beneficiary or is supported by the widow or reciprocal beneficiary. Upon the death of such widow or reciprocal beneficiary, or in the event the deceased member leaves no widow or reciprocal beneficiary but a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the child or children of the deceased member under the age of eighteen years with each child, if there be more than one, receiving an equal share of the $50 per month payment plus $7.50 per month. All payments to a child of a deceased member provided for herein shall cease when he or she arrives at the age of eighteen years."

2. By amending subsection (c) as follows:

"(c) On the remarriage or entry into a civil union of any widow or reciprocal beneficiary entitled to the benefits of any sum, or in the event of any father or mother, brothers or sisters ceasing to be dependents then the payments to them shall cease."

SECTION 9. Section 88-189, Hawaii Revised Statutes, is amended to read as follows:

"§88-189 Widow's, widower's, and reciprocal beneficiary's pensions. The widow and widower [or], civil union partner, or reciprocal beneficiary of any deceased man or woman, who have been previously granted or are found subsequent to his or her death to have been entitled to a pension under this part, or to have had ten or more years of service although he or she had not reached the age of sixty years, shall be eligible for a pension equal to the same amount, including all the bonuses provided in section 88-11, and all other benefits, that the said deceased was receiving or entitled to receive at the time of his or her death, and all future benefits deriving thereto, so long as the widow, widower, civil union partner, or reciprocal beneficiary remains unmarried [or], has not entered into a new civil union, or has not entered into a new reciprocal beneficiary relationship."

SECTION 10. Section 88-286, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) In the case of ordinary death, the death benefit shall be as follows:

(1) For the surviving spouse or reciprocal beneficiary, an allowance equal to one-half of the member's accrued maximum retirement allowance unreduced for age, payable until remarriage, marriage, entry into a new civil union, or entry into a new reciprocal beneficiary relationship, as if the member had retired on the first day of a month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed; and for each child under the age of eighteen an allowance equal to ten per cent of the member's accrued maximum retirement allowance unreduced for age, payable until the child attains age eighteen; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed twenty per cent of the member's accrued retirement allowance unreduced for age; or

(2) For the surviving spouse or reciprocal beneficiary, if the member was eligible for retirement at the time of death in service, and death occurred after June 30, 1990, an allowance that would have been payable as if the member had retired on the first day of a month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed and had elected to receive a retirement allowance under option B of section 88‑283; and

(3) If there is no surviving spouse or reciprocal beneficiary, each child under the age of eighteen shall receive an allowance equal to twenty per cent of the member's accrued maximum retirement allowance unreduced for age, payable on the first day of a month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed, until the child attains age eighteen; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed forty per cent of the member's accrued maximum retirement allowance unreduced for age.

For the purpose of determining eligibility for the ordinary death benefit, a year round school employee shall be considered in service during the July and August preceding a transfer to a traditional school schedule if the employee was in service for the entire prior school year and has a contract for the upcoming traditional school year. The application for ordinary death benefits shall be filed no later than three years from the date of the member's death.

(c) In the case of accidental death as determined by the board pursuant to section 88-85.5, the death benefit shall be effective on the first day of the month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed, as follows:

(1) For the surviving spouse or reciprocal beneficiary, an allowance equal to thirty per cent of the member's average final compensation, payable until remarriage, marriage, entry into a new civil union, or upon entry into a new reciprocal beneficiary relationship;

(2) If there is a surviving spouse or reciprocal beneficiary, each child under the age of eighteen shall receive an allowance equal to the greater of:

(A) Ten per cent of the member's accrued maximum retirement allowance unreduced for age; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed twenty per cent of the member's accrued maximum retirement allowance unreduced for age; or

(B) Three per cent of the member's average final compensation; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed six per cent of the member's average final compensation.

The death benefit under this paragraph shall be payable to each child until the child attains age eighteen; and

(3) If there is no surviving spouse or reciprocal beneficiary, each child under the age of eighteen shall receive an allowance equal to the greater of:

(A) Twenty per cent of the member's accrued maximum retirement allowance unreduced for age; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed forty per cent of the member's accrued maximum retirement allowance unreduced for age; or

(B) Six per cent of the member's average final compensation; provided that the aggregate death benefits for all the children under the age of eighteen shall not exceed twelve per cent of the member's average final compensation.

The death benefit under this paragraph shall be payable to each child until the child attains age eighteen."

SECTION 11. Section 88-339, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the case of an accidental death as determined by the board pursuant to section 88-85.5, there shall be paid to the member's designated beneficiary or to the member's estate the amount of the member's accumulated contributions and there shall be paid in lieu of the ordinary death benefit payable under section 88-338 a pension of one-half of the average final compensation of the member:

(2) If there be no surviving spouse or reciprocal beneficiary, or if the surviving spouse or reciprocal beneficiary dies or remarries, marries, enters into a new civil union, or enters into a new reciprocal beneficiary relationship before any child of the deceased member shall have attained the age of eighteen years, then to the deceased member's child or children under that age, divided in a manner as the board in its discretion shall determine, to continue as a joint and survivor pension of one-half of the deceased member's final compensation until every child dies, or attains that age; or

(3) If there is no surviving spouse or reciprocal beneficiary and no child under the age of eighteen years surviving the deceased member, then to the deceased member's dependent father or dependent mother, as the deceased member shall have nominated by written designation duly acknowledged and filed with the board, or if there is no nomination, then to the deceased member's dependent father or to the deceased member's dependent mother as the board, in its discretion, shall direct to continue for life.

The pension shall be effective on the first day of the month following the member's death, except for the month of December, when benefits shall be effective on the first or last day of the month."

SECTION 12. Section 378-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) It shall be an unlawful discriminatory practice:

(1) Because of race, sex, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital or civil union status, arrest and court record, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status:

(A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;

(B) For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual;

(C) For any employer or employment agency to print, circulate, or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, that expresses, directly or indirectly, any limitation, specification, or discrimination;

(D) For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees; or

(E) For any employer or labor organization to refuse to enter into an apprenticeship agreement as defined in section 372-2; provided that no apprentice shall be younger than sixteen years of age;

(2) For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part;

(3) For any person, whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so;

(4) For any employer to violate the provisions of section 121-43 relating to nonforfeiture for absence by members of the national guard;

(5) For any employer to refuse to hire or employ or to bar or discharge from employment any individual because of assignment of income for the purpose of satisfying the individual's child support obligations as provided for under section 571-52;

(6) For any employer, labor organization, or employment agency to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(7) For any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote, or penalize a lactating employee because the employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast; or

(8) For any employer to refuse to hire or employ, bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under section 378-3(2)."

SECTION 13. Section 501-23, Hawaii Revised Statutes, is amended to read as follows:

"§501-23 Application, form, and contents. The application shall be in writing, signed, and sworn to by the applicant or by some person duly authorized in the applicant's behalf. If there is more than one applicant, the application shall be signed and sworn to by, or in behalf of, each. It shall contain a description of the land, with a statement of the estate or interest of the applicant in the land. It shall state whether the applicant is married[,] or a partner in a civil union, and if married[,] or a partner in a civil union, the name in full of the wife [or], husband, or civil union partner, the time and place of marriage[,] or civil union, and the name and office of the officer performing the [~~marriage~~] solemnization ceremony; and if unmarried, whether the applicant has been married[,] or a partner in a civil union, and if so, when and how the marriage relation or civil union terminated; and if by divorce, when, where, and by what court the divorce was granted[.]; or single. It shall also state the name in full and the address of the applicant and also the names and addresses of the adjoining owners and occupants, if known; and if not known, it shall state what search has been made to find them. If the applicant has been known by more than one name, the applicant shall state all the applicant's names in full. It may be in form as follows:

State of Hawaii.

To the Honorable Judge of the Land Court:

I (or we), the undersigned, hereby apply to have the land herein described brought under the operation and provisions of chapter 501 of the Hawaii Revised Statutes and to have my (or our) title therein registered and confirmed as an absolute (qualified or possessory) title. And I (or we) declare:

(1) That I am (or we are) the owner (or owners) in fee simple of a certain parcel of land, with the buildings (if any, and if not, strike out the clause), situate in (here insert accurate description).

(2) That the land at the last assessment for taxation was assessed at....dollars; and the buildings (if any) at....dollars.

(3) That I (or we) do not know of any mortgage or encumbrance affecting the land, or that any other person has any estate or interest therein, legal or equitable, in possession, remainder, reversion, or expectancy. (If any, add "other than as follows," and set forth each clearly.)

(4) That I (or we) obtained title (if by deed, state name of grantor, date, and place of record, and file the deed, or state reason for not filing. If in any other way, state it).

(5) That the land is....occupied (state name in full, residence and post office address of occupant and the nature of the occupancy. If unoccupied, insert "not").

(6) That the names in full and addresses as far as known to me (or us) of the occupants of all lands adjoining the land are as follows: (give post office address, street, and number wherever possible. If names not known, state whether inquiry has been made, and what inquiry.)

(7) That the names and addresses so far as known to me (or us) of the owners of all lands adjoining above land are as follows: (same directions as above.)

(8) That I am (or we are) married or a partner (or partners) in a civil union (follow literally the directions given in section 501-23.)

(9) That my (or our) full name (or names), residence and post office address are as follows:

Dated: ............ (Schedule of documents.)

.......................

(Signature).

State of Hawaii } ss.

Dated: ...............

Then personally appeared the above named................... known to me to be the signer (or signers) of the foregoing application, and made oath before me, that the statements made therein, so far as made of the signer (or signers) own knowledge are true, and so far as made upon information and belief, that the signer (or signers) believes them to be true.

..................., Notary Public."

SECTION 14. Section 501-74, Hawaii Revised Statutes, is amended to read as follows:

"§501-74 Decree, contents of. Every decree of registration shall bear the date of the year, day, hour, and minute of its entry, and shall be signed by the registrar. It shall state whether the owner is married [or], unmarried, a partner in a civil union, or single; and if married or a partner in a civil union, the full name of the husband [or], wife[.], or partner. If the owner (or spouse or partner of the owner) has been known by more than one name, all the names of such person shall be stated. [~~The wife's maiden name and surname~~] If a person's surname has been changed due to marriage or civil union, then both surnames shall be stated in all cases. If the owner is under disability it shall state the nature of the disability, and if a minor, shall state the minor's age. It shall contain a description of the land as finally determined by the court; and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, and other encumbrances including rights of husband or wife, if any, to which the land or the owner's estate is subject; and may contain any other matter properly to be determined in pursuance of this chapter. The decree shall be stated in a convenient form for transcription upon the certificate of title hereinafter mentioned."

SECTION 15. Section 501-105, Hawaii Revised Statutes, is amended to read as follows:

"§501-105 Grantee's address, etc., to be stated. Every deed or other voluntary instrument presented for recording shall contain or have indorsed upon it the full name or names, if more than one, and the address of the grantee or other person acquiring or claiming an interest under the instrument and every document shall also contain or have indorsed upon it a statement that the grantee is married [or], unmarried, a partner in a civil union, or single, and if married[,] or a partner in a civil union, the statement shall give the name in full of the husband [or], wife[.], or partner. Whenever the grantee is a corporation or partnership, the document shall contain or have indorsed upon it the state where the entity is registered and the entity's address. All names and addresses shall also be entered on all certificates. Notices and processes issued in relation to registered land in pursuance of this chapter may be served upon any person in interest by mailing the same to the address so given, and shall be binding whether such person resides within or without the State.

Any deed conveying one or more but not all lots or all interests in a lot appurtenant to apartments or units in a condominium project in a certificate shall contain full memoranda relating to easements, rights-of-way, and all other liens and encumbrances affecting the particular lot, lots, interest appurtenant to an apartment or unit, or interests appurtenant to apartments or units conveyed. If the deed affects all of the land or interests appurtenant to apartments or units in a certificate of title, encumbrances may be referred to by reference."

SECTION 16. Section 501-196, Hawaii Revised Statutes, is amended to read as follows:

"§501-196 Alterations upon registration book prohibited when; court hearings; limitations. (a) No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon, and the approval of the same by the registrar or an assistant registrar except by order of the court recorded with the assistant registrar, provided that the registrar or assistant registrar may correct any clerical error made by personnel of the registrar's or assistant registrar's office.

(b) Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate have terminated and ceased; or that new interests have arisen or been created which do not appear upon the certificate; or that any error, omission, or mistake was made in entering a certificate or any memorandum thereon; or that the name of any person on the certificate has been changed; or that the registered owner has been married, or if registered as married that the marriage has been terminated; or that the registered owner has entered into a civil union, or if registered as a civil union partner that the civil union has been terminated; or to note that the basis of holding registered property as tenants by the entirety has changed from reciprocal beneficiaries to civil unions partners; or that a corporation which owned registered land and has been dissolved has not conveyed the same within three years after its dissolution, or upon any other reasonable ground.

(c) The court shall have jurisdiction to hear and determine the petition after notice to all parties in interest and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security if necessary, as it may deem proper. This section shall not be construed to give the court authority to open the original decree of registration, and nothing shall be done or ordered by the court which impairs the title or other interest of a purchaser holding a certificate for value and in good faith, or the purchaser's heirs or assigns, without the purchaser's or their written consent.

(d) Any petition filed under this section and all petitions and motions filed under this chapter after original registration shall be filed and entitled in the original case in which the decree of registration was entered."

SECTION 17. Section 509-2, Hawaii Revised Statutes, is amended to read as follows:

"§509-2 Creation of joint tenancy, tenancy by the entirety, and tenancy in common. (a) Land, or any interest therein, or any other type of property or property rights or interests or interest therein, may be conveyed by a person to oneself and another or others as joint tenants, or by a person to oneself and one's spouse [or], civil union partner, or reciprocal beneficiary, or by spouses to themselves, [or] by civil union partners to themselves, or by reciprocal beneficiaries to themselves, as tenants by the entirety, or by joint tenants to themselves and another or others as joint tenants, or tenants in common to themselves or to themselves and another or others as joint tenants, or by tenants by the entirety to themselves or themselves and another or others as joint tenants or as tenants in common, or by one tenant by the entirety to the tenant's spouse [or], civil union partner, or reciprocal beneficiary of all of the tenant's interest or interests, without the necessity of conveying through a third party, and each such instrument shall be construed as validly creating a joint tenancy, tenancy by the entirety, tenancy in common, or single ownership, as the case may be, if the tenor of the instrument manifestly indicates such intention.

(b) When two reciprocal beneficiaries hold property as tenants by the entirety and subsequently enter into a civil union with each other, the persons shall continue to hold the property as tenants by the entirety and the tenancy shall not be converted to a tenancy in common upon termination of the reciprocal beneficiary relationship, provided that the termination of the reciprocal beneficiary relationship and the solemnization of the civil union is concurrent.

[~~(b)~~] (c) For the purposes of this chapter:

"Civil union" means a union between two adult persons that is entered into or recognized as a civil union under chapter 572B.

"Civil union partner" means an adult who is a party to a civil union.

"Reciprocal beneficiary" means an adult who is a party to a registered reciprocal beneficiary relationship in accordance with chapter 572C, and has a valid certificate of reciprocal beneficiary relationship that has not been terminated."

SECTION 18. Section 515-3, Hawaii Revised Statutes, is amended to read as follows:

"§515-3 Discriminatory practices. It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital or civil union status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

(1) To refuse to engage in a real estate transaction with a person;

(2) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;

(3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

(4) To refuse to negotiate for a real estate transaction with a person;

(5) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or to fail to bring a property listing to the person's attention, or to refuse to permit the person to inspect real property, or to steer a person seeking to engage in a real estate transaction;

(6) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;

[[](7)[]] To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection, the causative agent of acquired immunodeficiency syndrome;

[[](8)[]] To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises; provided that a real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

[[](9)[]] To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation; provided that if reasonable accommodations include the use of an animal, reasonable restrictions may be imposed;

[[](10)[]]In connection with the design and construction of covered multifamily housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:

(A) The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and

(B) With respect to housing accommodations with an accessible building entrance:

(i) The public use and common use portions of the housing accommodations are accessible to and usable by persons with disabilities;

(ii) Doors allow passage by persons in wheelchairs; and

(iii) All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or

[[](11)[]]To discriminate against or deny a person access to, or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of access, membership, or participation."

SECTION 19. Section 572-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572-1.5[]] Definition of marriage. Whenever used in the statutes or other laws of Hawaii, "marriage" means the union licensed under section 572-1[.] or recognized under section 572‑3."

SECTION 20. Section 572-3, Hawaii Revised Statutes, is amended to read as follows:

"§572-3 Contracted without the State. Marriages between a man and a woman legal in the country or other jurisdiction where contracted shall be held legal in the courts of this State."

SECTION 21. Section 572B-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572B-9[]] Benefits, protections, and responsibilities. Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572[.], including but not limited to the rights, benefits, protections, and responsibilities described in the following:

(1) Chapter 87A, relating to the Hawaii employer-union health benefits trust fund;

(2) Chapter 398, relating to family leave;

(3) Chapter 431, the insurance code;

(4) Chapter 572D, the uniform premarital agreement act; and

(5) Chapter 580, relating to annulment, divorce, and separation.

The foregoing is not intended to constitute an exhaustive list of rights, benefits, protections, and responsibilities applicable to partners to a civil union."

SECTION 22. Section 572B-10, Hawaii Revised Statutes, is amended to read as follows:

"§572B-10 [~~Civil unions~~] 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.

For purposes of this section, a "union" means a legal union that confers rights, benefits, protections, and responsibilities that are substantially equivalent in scope to those described in section 572B-9, regardless of whether it bears the name civil union."

SECTION 23. Section 572B-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572B-11[]] References and inclusions. A party to a civil union shall be included in any definition or use of the terms "spouse", "husband", "wife", "widow", "widower", "family", "immediate family", "dependent", "next of kin", and other terms that denote or describe the spousal or family relationship, including but not limited to "married" and "marriage" and related terms, as those terms are used throughout the laws of the State[.], unless the context clearly indicates otherwise. Where necessary to implement the rights of civil union partners under this chapter, gender-specific terms referring to spouses shall be construed to include civil union partners."

SECTION 24. Section 578-1, Hawaii Revised Statutes, is amended to read as follows:

"§578-1 Who may adopt; jurisdiction; venue. Any proper adult person, not married, or any person married to the legal father or mother of a minor child, or a husband and wife jointly, or any persons jointly who are partners in a civil union may petition the family court of the circuit in which the person or persons reside or are in military service or the family court of the circuit in which the individual to be adopted resides or was born or in which a child placing organization approved by the department of human services under the provisions of section 346-17 having legal custody (as defined in section 571-2) of the child is located, for leave to adopt an individual toward whom the person or persons do not sustain the legal relationship of parent and child and for a change of the name of the individual. When adoption is the goal of a permanent plan recommended by the department of human services and ordered pursuant to section 587A-31, the department may petition for adoption on behalf of the proposed adoptive parents. The petition shall be in such form and shall include such information and exhibits as may be prescribed by the family court."

SECTION 25. Section 578-2, Hawaii Revised Statutes, is amended to read as follows:

"§578-2 Consent to adoption. (a) Persons required to consent to adoption. Unless consent is not required or is dispensed with under subsection (c) hereof, a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:

(1) The mother of the child;

(2) A legal father as to whom the child is a legitimate child;

(3) An adjudicated father whose relationship to the child has been determined by a court;

(4) A presumed father under section 578-2(d);

(5) A presumed parent under section 578-2(e);

[~~(5)~~] (6) A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern or responsibility as to the welfare of a child, either:

(A) During the first thirty days after such child's birth; or

(B) Prior to the execution of a valid consent by the mother of the child; or

whichever period of time is greater;

[~~(6)~~] (7) Any person or agency having legal custody of the child or legally empowered to consent;

[~~(7)~~] (8) The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption; or

[~~(8)~~] (9) The child to be adopted if more than ten years of age, unless the court in the best interest of the child dispenses with the child's consent.

(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse, if the adult is married[.], or a partner in a civil union, if the adult is a partner in a civil union.

(1) Persons as to whom consent not required:

(A) A parent who has deserted a child without affording means of identification for a period of ninety days;

(B) A parent who has voluntarily surrendered the care and custody of the child to another for a period of two years;

(C) A parent of the child in the custody of another, if the parent for a period of at least one year has failed to communicate with the child when able to do so;

(D) A parent of a child in the custody of another, if the parent for a period of at least one year has failed to provide for the care and support of the child when able to do so;

(E) A natural father who was not married to the child's mother at the time of the child's conception or birth and who does not fall within the provisions of subsection (a)(3), (4), [or] (5)[;], or (6);

(F) A parent whose parental rights have been judicially terminated under the provisions of sections 571-61 to 571-63, or under the provisions of any other state or other law by a court or other agency having jurisdiction to take the action;

(G) A parent judicially declared mentally ill or intellectually disabled and who is found by the court to be incapacitated from giving consent to the adoption of the child;

(H) Any legal guardian or legal custodian of the child sought to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of sixty days or who, after examination of the person's written reasons for withholding consent, is found by the court to be withholding the person's consent unreasonably;

(I) A parent of a child who has been in the custody of a petitioner under this chapter for a period of at least one year and who entered the United States of America as a consequence of extraordinary circumstances in the child's country of origin, by reason of which extraordinary circumstances the existence, identity, or whereabouts of the child's parents is not reasonably ascertainable or there is no reasonable means of obtaining suitable evidence of the child's identity or availability for adoption;

(J) Any parent of the individual to be adopted, if the individual is an adult eligible for adoption under subsection (b); and

(K) A parent whose parental and custodial duties and rights have been divested by an award of permanent custody pursuant to section 587A-33;

(2) Persons whose consent may be dispensed with by order of the court. The court may dispense with the consent of a parent who comes within subsection (a)(3), (4), [or] (5), or (6) herein, upon finding that:

(A) The petitioner is the stepfather of the child and the child has lived with the child's legal mother and the petitioning stepfather for a period of at least one year;

(B) The father is a concerned father as provided by subsection [~~(a)(5),~~] (a)(6), herein, and has not filed a petition to adopt the child, or the petition to adopt the child filed by the father has been denied; or

(C) The father is an adjudicated, presumed, or concerned father or parent as provided by subsections (a)(3), (4), [or] (5), or (6), herein, and is not a fit and proper person or is not financially or otherwise able to give the child a proper home and education.

(d) Presumption of paternity. A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) He and the child's natural mother are or have been partners in a civil union with each other and the child is born during the civil union, or within three hundred days after the civil union is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

[~~(2)~~] (3) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, or have attempted to enter into a civil union with each other solemnized in apparent compliance with law, although the attempted civil union is or could be declared invalid, and:

(A) If the attempted marriage or civil union could be declared invalid only by a court, the child is born during the attempted marriage[,] or civil union, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or

(B) If the attempted marriage or civil union is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

[~~(3)~~] (4) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid[;] or have attempted to enter into a civil union with each other solemnized in apparent compliance with law, although the attempted civil union is or could be declared invalid; and

(A) He has acknowledged his paternity of the child in writing filed with the department of health;

(B) With his consent he is named as the child's father on the child's birth certificate; or

[~~(4)~~] (5) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or

[~~(5)~~] (6) He acknowledges his paternity of the child in writing filed with the department of health, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the department of health. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted. If the acknowledgment is filed and not disputed by the mother and if another man is not presumed under this section to be the child's father, the department of health shall prepare a new certificate of birth in accordance with chapter 338.

(e) Presumption of parentage of civil union partner. A partner of a civil union is presumed to be the natural parent of a child conceived by the other partner where the biological parent and the nonbiological partner are or have been in a civil union and:

(2) The nonbiological partner has shown indicia of commitment to be a parent to the child.

[~~(e)~~] (f) Notice of hearing; minor parent; consent authorizing selection of adoptive parents. No hearing of a petition for adoption shall be had unless each of the living parents of the child who falls within the provisions of subsection (a) and who has not consented to the proposed adoption, but who is alleged to come within the provisions of subsection (c)(1)(A), (B), (C) and (D) or (c)(2) of this section, and any man whose name appears as father on the child's birth certificate, shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof. Such notice need not be given to any parent whose parental rights have been legally terminated as hereinabove provided or whose consent has been filed with the court.

The minority of a child's parent shall not be a bar to the right of such parent to execute a valid and binding consent to the adoption of such child.

Any parental consent required hereunder shall be valid and binding even though it does not designate any specific adoptive parent or parents, if it clearly authorizes the department of human services, or a child placing organization approved by the department under the provisions of section 346-17 or some proper person not forbidden by law to place a child for adoption, to select and approve an adoptive parent or parents for the child.

[~~(f)~~] (g) Withdrawal of consent. A consent to adoption which has been filed or received in evidence in an adoption proceeding or which has been given to the department of human services or to a child placing organization approved by the department under section 346-17, or to any other proper person not forbidden by law to place or receive an individual for adoption, may not be withdrawn or repudiated after the individual has been placed for adoption, without the express approval of the court based upon a written finding that such action will be for the best interests of the individual to be adopted.

[~~(g)~~] (h) Maintenance of action based on medical or surgical treatment of child barred when. A person who consents to adoption, or on whose behalf a consent to adoption is signed, and a nonconsenting parent whose consent is not required or is dispensed with hereunder shall be barred from maintaining any action based upon medical or surgical care or treatment given to the child with the permission of the petitioner or petitioners or the person or agency authorized by the parental consent to select and approve an adoptive parent or parents; provided that nothing herein contained shall be construed to alienate or impair any cause of action accruing to the child for personal injury which may be sustained as a result of such medical or surgical care or treatment."

SECTION 26. Section 578-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No decree of adoption shall be entered unless a hearing has been held at which the petitioner or petitioners, and any legal parent married to a petitioner, any partner in a civil union with a petitioner, and any subject of the adoption whose consent is required, have personally appeared before the court, unless expressly excused by the court. After considering the petition and such evidence as the petitioners and any other properly interested person may wish to present, the court may enter a decree of adoption if it is satisfied (1) that the individual is adoptable under sections 578-1 and 578-2, (2) that the individual is physically, mentally, and otherwise suitable for adoption by the petitioners, (3) that the petitioners are fit and proper persons and financially able to give the individual a proper home and education, if the individual is a child, and (4) that the adoption will be for the best interests of the individual, which decree shall take effect upon such date as may be fixed therein by the court, such date to be not earlier than the date of the filing of the petition and not later than six months after the date of the entry of the decree."

SECTION 27. Section 584-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-1[]] Parent and child relationship defined. As used in this chapter, "parent and child relationship" includes the legal relationship existing between a child and the child's natural mother, between a child and father or mother whose relationship as parent and child is established under this chapter, or between a child and the child's adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations."

SECTION 28. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "parent" to read as follows:

""Parent" means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section [~~578-2(a)(5),~~] 578-2(a)(6), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child."

SECTION 29. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 30. This Act, upon its approval, shall take effect retroactive to January 1, 2012.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2571
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII