Report of the Commission
On Sexual Orientation
And the Law

APPENDIX B

STATUTE LIST


HHCA 209  Successors to Lessee? Allows husbands, wives, children or
their widows or widowers and other family members who are 1/4 Hawaiian
or qualify under section 3 of Act of May 16, 1934 (48 Stat. 777, 779)
or section 3 of Act of July 9, 1952 (66 Stat. 511, 513) to be successor
lessees.

HRS 1-1  Common Law; Construction of Law, Common law of the State;
Exceptions? Incorporates common law as the law of the State and as that
includes references to family and household that may not be defined,
and because of the traditional common law definition of those terms,
there are benefits conferred.

HRS 11-13  Elections, Generally; Rules for Determining Residency? Rules
for determining residency include undefined term "family" when
determining the default residence of a person as that of the family
residence, and, therefore, a benefit is conferred.

HRS 11-14.5  Elections, Generally? Authorizes a county clerk to keep a
law enforcement person's residence address and phone number
confidential if a life-threatening circumstance exists to that person
or the person's family.  "Family" not defined, and "immediate family"
defined in HRS 11-191 does not include non- married partner.

HRS 11-191  Elections, Generally? Includes "spouse" (and does not
include same-gender partner) in definition of immediate family. 
Definition does not confer benefit; benefit conferred by 11-204, HRS
based on definition of "immediate family."

HRS 11-204  Elections; Generally? Allows a candidate and immediate
family to contribute up to $50,000 per person rather than $2,000 limit
for other persons or entities.

HRS 26-14  Executive and Administrative Department.  Part I.
Organization Generally? Defines purpose of DHS to improve and concern
itself with "family, child, and adult" welfare projects.

HRS 28-101  Attorney General.  Part VII.  Witness Security; Witness
Security and Protection? Provides witness protection for state
witnesses to a witness and their family by default.  "A person
otherwise closely associated with" the witness who may be endangered is
also included, but this classification is uncertain.

HRS 40-85(c)  Audit and Accounting.  Part IV Miscellaneous Provisions.
Imprest Fund for Immediate Welfare Payments, Emergency Assistance, and
Work-Related Expenses? Authorizes the release of certain funds to
welfare recipients during "family" crises.

HRS 46-4  General Provisions.  Part I.  Generally Jurisdiction and
Powers. County Zoning? Refers to single-"family" dwellings.

HRS 46-6  General Provisions.  Part I.  Generally Jurisdiction and
Powers.  Parks and Playgrounds for Subdivisions? Requires counties to
zone parks and playgrounds for subdivision.  Defines "dwelling unit"
and "lodging unit" as an independent housekeeping unit for a "family."

HRS 46-15.3  General Provisions.  Part I.  Generally Jurisdiction and
Powers. Regulation of Adult Family Boarding Home and Care Home? For
purposes of fire and building codes, allows operator and operator's
family and up to five boarders to be housed in an adult family boarding
home.

HRS 53-5  Urban Renewal Law.  Part I.  Urban Redevelopment Act. Powers
and Duties of Agency? Defines powers and duties of redevelopment agency
to include relocation of displaced "families."

HRS 53-6  Urban Renewal Law.  Part I.  Urban Redevelopment Act.  Powers
and Duties of Agency? Defines powers and duties of redevelopment agency
to include relocation of displaced "families." HRS 53-7  Urban Renewal
Law.  Part I.  Urban Redevelopment Act.  Urban Renewal Projects in
Disaster Areas? Initiation and approval of redevelopment plan includes
the provision of relocation of displaced "families."

HRS 53-20  Urban Renewal Law.  Part I.  Urban Redevelopment Act. 
Auxiliary Redevelopment Area? See HRS 53-5.

HRS 53-21  Urban Renewal Law.  Part I.  Urban Redevelopment Act. 
Auxiliary Redevelopment Area; Displaced Persons? See HRS 53-5.

HRS 53-22  Urban Renewal Law.  Part I.  Urban Redevelopment Act. 
Governmental Advances, Donations, and Other Appropriations? Requires
governor to submit budget to legislature to cover expenses of displaced
families.

HRS 53-56  Urban Renewal Law.  Part II.  Urban Renewal. Workable
Program, Definition? Defines "workable program" to include a suitable
living environment for an adequate family life.

HRS 76-103  Civil Service Law.  Part V. Employee Organizations;
Veteran's Preference, Other Rights; Veteran's Preference? Extend
veteran's preference to spouse of disabled veterans and surviving
spouses of deceased servicemen.

HRS 79-7  Leave of Absence; Vacation Allowances on Termination of
Employment? Benefit to spouse by default if no other designation.

HRS 79-13  Leave of Absence; Funeral Leave? Authorizes family leave as
stated under HRS 398.

HRS 79-32  Leave of Absence; Family Leave? Authorizes family leave as
stated under HRS 398.

HRS 83-8  Temporary Intergovernmental Assignment of Public Employees
Travel and Transportation Expenses? Allows for moving expenses of
spouse.

HRS 87-1  Public Employees Health Fund; Definitions? Defines "dependent
beneficiary" as spouse.  All benefits based on this definition do not
apply to same-gender partners.

HRS 87-4  Public Employees Health Fund; Trust Fund; State and County
Contribution to Fund? Authorizes state contributions of approximately
60% for health-care premiums to employee beneficiaries and their
dependent-beneficiaries.

HRS 87-4.5  Public Employees Health Fund; Trust Fund? Authorizes state
contributions of 50% of health care premiums for retired
employee-beneficiaries with less than ten years' service and their
dependent-beneficiaries, including spouses.

HRS 87-6  Public Employees Health Fund; Trust Fund? Authorizes state
contribution of 100% of health-care premium for retirees with more than
ten years service.

HRS 87-23.5  Public Employees Health Fund; Powers and Duties of the
Board; Determination of Long-term Care Benefits Plan; Contract with
Carrier or Third Party Administrator? Extends long- term care benefits
to spouses of employee beneficiaries.

HRS 87-25  Public Employees Health Fund; Powers and Duties of the Board
Determination of Eligibility of Employee, Dependent of Person? Limits
those who may receive health care benefits to employee-beneficiary and
"dependent-beneficiary."  See HRS 87-1.

HRS 87-27  Public Employees Health Fund; Powers and Duties of the Board
Supplemental Plan to federal Medicare? Authorizes supplemental health
care plan for employee-beneficiaries and their dependent-beneficiary
spouse who participate in federal Medicare plan.

HRS 88-1  Pension and Retirement System.   Restrictions? Allows spouse
or designated beneficiary in contributory plan to receive pension until
remarriage.

HRS 88-4  Pension and Retirement System? Requires spousal income of
less than $2,400 to be eligible for free medical aid.

HRS 88-5  Pension and Retirement System? Authorizes the department of
each county to determine who is entitled to benefits under HRS 88-4 and
provide to government physician of county hospital a current list of
pensioners and their spouses who are eligible for section 88-4
benefits.

HRS 88-11  Pension and Retirement System? Relates to pension bonuses to
pensioners and spouses.

HRS 88-84  Pension and Retirement System.  Ordinary Death Benefit?
Ordinary death and surviving benefits paid out of contributory plan are
by designation of member and not limited to surviving spouse.  But if
member's designation of beneficiary is void or member did not make a
designation, then benefits go to surviving spouse by default.

HRS 88-85  Pension and Retirement System.  Accidental Death Benefit?
Accidental death benefits under the contributory plan go to the
surviving spouse if the designation is declared void.

HRS 88-93  Pension and Retirement System.  Named Beneficiaries by
Active Members; Effect of Marriage, Divorce, or Death? Voids written
designation of beneficiary under contributory plan if beneficiary dies
before member, member divorces beneficiary or member is single and
subsequently marries.  Same-gender couples can not participate in legal
divorce or marriage.

HRS 88-286  Pension and Retirement System.  Death Benefit? Authorizes
and defines death benefit and pension for surviving spouse under the
non-contributory plan (80% of 87,000 current members) in the case of
accidental or ordinary death while in service after accumulating ten
years.  Limits pension to surviving spouse of depend children.

HRS 88 Part III  Pension and Retirement System? Establishes a special
retirement program for certain public employees and their spouses. HRS
105-2(6)  Government Motor Vehicles; Public Property, Purchasing and
Contracting? Allows personal use of government vehicle during work
hours to transport a member of immediate family to hospital or other
place because of accident or illness.

HRS 111-2  Assistance of Displaced Persons; Definitions? Defines
"family" as two or more persons living together who are related by
blood, marriage, adoption or legal guardianship.

HRS 111-4(b)  Assistance of Displaced Persons; Replacement Housing?
will make payments to an individual or family that is displaced.  See
definition in 111-2 that excludes same-gender couples.  Although
application of statute may be equal.

HRS 111-7  Assistance of Displaced Persons; Assurance of Availability
of Housing? Requires any state agency to provide a feasible method of
relocation for individuals or families.

HRS 145-1  Regulation of Dealers in Farm Produce; Definitions? Defines
purchasing farm products for the person's "family use."  "Family" is
not defined.

HRS 146-21  Slaughtering Operations and Slaughterhouses; Retention of
the Hide of Butchered Calf Heifer, Cow, Steer and Bull; Subject to
Public Inspection? Retention of hides not required if purpose of
slaughter is for "personal consumption," which means for one's own use
or use by one's "family."  "Family" is not defined.

HRS 147-71  Grades and Standards; Words, Phrases Defined? "Consumers"
defined as a person purchasing eggs for the person's "family use." 
"Family" is not defined.

HRS 150A-5(2)(A)  Plant and Non-Domestic Animal Quarantine; Conditions
of Implementation? Allows one person of a family to fill out a
declaration form for all members of a family. Does not define family
and in fact may be conferring a benefit by requiring non-married
partners actually living together to each fill out a form. Practical
application indicates that family is defined more in term of
"household."

HRS 157-32  Milk Control Act; Standards to Determine Minimum Prices?
Requires the board to consider the cost of the producers' family labor
when determining minimum prices for milk.  Uncertain how the board
would consider same-gender couples' labor.

HRS 166-6(2)  Agricultural Parks; Disposition? One of the conditions
for land disposed as agricultural parks is that lessee shall derive the
major portion of income from the activities on the premises, unless the
failure to derive the major portion of the income from on-premises
activities results from a physical or mental disability (SSI payments)
or the loss of a spouse (inheritance).  The branch chief Wilfred
Muramoto says that the letter of the law may project a benefit but in
the application of the spirit of the law, the division has defined an
inheritance from a father to a single person as not the kind of
"income" that could cause a breach or default of an agricultural park
lease.

HRS 171-74  Public Lands, Management and Disposition; Residence Lots,
Requirements? Requires a lessee to have at least one person related by
blood or marriage or solely dependent upon the lessee to qualify for a
residential lease of a public lands. Also requires reporting of spousal
income.

HRS 171-84  Public Lands, Management and Disposition; Leases to Certain
Developers of Housing for Low- and Moderate-Income Families? Gives
priority to lease land to developers, who develop project for low- and
moderate- income families through federal, state, and county programs.

HRS 171-99(e)  Public Lands, Management and Disposition; Continuation
of Rights Under Existing Homestead Leases, Certificates of Occupation,
Right or Purchase Leases and Cash Freehold Agreements? Allows the
descent of rights under existing homestead leases and certificates of
occupation to go to the widow or widower and other related parties,
then to the State.

HRS 172-11  Land Commission? Allows for the passing down of real
property interests, in the form of land commission awards, to be
inherited by heirs who would be spouses.

HRS 183D-22  Hunting License; Application and Issuance of Licenses;
Fees? Resident license fee applies to spouse of active- duty military
stationed in Hawaii.

HRS 188-34  Fishing in Honolulu Harbor, Hilo Harbor, Restricted? Allows
the use of a net smaller than fifty feet for fishing in Hilo Harbor,
provided it is for family consumption.

HRS 188-45  Nehu and Iao, Taking Prohibited; Exceptions? Prohibits the
catching of nehu and iao except for a person's family consumption and
with the use of nets smaller than fifty feet.

HRS 200-39  Ocean Recreation? Allows the transfer of permits for
commercial ocean activities in Kaneohe Bay to be made any time between
family members.  Restricts other thrill craft permit transfers to
within five years of issuance.

HRS 201E-1  Finding and Declaration of Necessity? Refers to family by
stating "frustration in the inability to obtain the basic necessity of
decent shelter and to provide a decent home for one's family, provokes
an unrest in our community that is harmful to the overall fiber of our
society."  HFDC is therefore indirectly promoting the development of
family.

HRS 201E-62  Housing; Housing Loan and Mortgage Programs; Rules;
Eligible Borrower? Allows HFDC to consider size of "family" when
determining qualifications for HFDC loans and mortgages (presumably,
the larger the family, the higher the qualification).

HRS 201E-130  Housing; Rental Assistance Program; Purpose; Findings and
Determination? Lists "families" as a class of beneficiaries for the
program insofar as its purpose is inter alia, to provide
"accommodations affordable to families...of low- and moderate-income in
the State."HRS 201E-131  Housing? Allows a family or an individual
whose income does not exceed 80% of the area median income determined
by the U.S. Dept. of H.U.D., to be eligible tenants .  The eligibility
is related to definition of family which HFC employees say is all
members of a household.

HRS 201E-141  Housing; Housing Opportunity Allowance Program;
Definitions? Defines "eligible borrowers" as (1) married couples living
together or (2) head of households with at least one dependentHRS
201E-145  Housing; Housing Opportunity Allowance Program; Eligibility
of Spouse or Dependents? Transfers eligibility status upon death to
surviving spouse or dependent who inherits by devise or descent if
spouse/dependent would qualify individually.

HRS 201E-200  Housing Finance and Development Corporation; Part III;
Housing Development; General Provisions; Criteria? When HFDC supplies
housing or assistance in obtaining housing, it shall consider the
number of dependents that the applicant has.

HRS 201E-220.5  Housing Finance and Development Corporation; Part III;
Housing Development; General Provisions; Co-Mortgagor? Allows a
co-mortgagor for the purposes of qualifying for a mortgage who is a
family member as defined by the HFDC. (No statutory definition given,
see HRS ?201E-2.)HRS 201E-221(b)  Housing Finance and Development
Corporation; Part III; Housing Development; General Provisions; Real
Property; Restriction on Transfer; Waiver of Restrictions? Authorizes
HFDC to waive restriction on the sale of housing purchased through
their programs if title is transferred though laws of descent to a
family member who is otherwise qualified under the rules.

HRS 201F-3  Rental Housing Trust Fund; Purpose of the Fund? The purpose
of the chapter is to provide funds for rental housing to needy persons
and families.

HRS 206E-10.5  Hawaii Community Development Authority; Part I General
Provisions; Relocation? Requires HCDA to adopt rules that provide for
the relocation of individuals and families who have been displaced by
government agencies.

HRS 207-2  Mortgage Loans; Qualifications for Loans? To qualify for a 
loan for low-income home buyer on state land, an applicant must have
one additional person living in the home who is related to the
applicant by blood or marriage.

HRS 209-28  Disaster Relief and Rehabilitation; Part III; Commercial
and Personal Loans; Purpose of Loans? Authorizes personal and
commercial loans to individuals and families affected by a natural
disaster as declared by the governor. (Chapter does not define
"family.")

HRS 209-29  Disaster Relief and Rehabilitation; Part III; Commercial
and Personal Loans; Eligibility for Loans? Described eligibility
standards for loans to include a suitable program to meet necessary
expenses and satisfy the serious needs of the applicant and family.

HRS 226-3  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; Overall Theme? States overall theme of state
planning that includes individual and family self- sufficiency.

HRS 226-4  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; State Goals? Declares state goals and includes
physical, social and economic-well being for individuals and families.

HRS 226-5  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; Objective and Policies for Population?
Declares objective and policies for state planning that includes
encouragement of federal actions and coordination of government
agencies to promote a more balanced distribution of immigrants among
states, provided they don't prevent the reunion of immediate family
members.

HRS 226-19  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; Objectives and Policies for Socio- Cultural
Advancement; Housing? Declares that the plans for socio- cultural
advancement regarding housing include the accommodation of the needs
and desires of families, and the stimulation and promotion of feasible
approaches to increase housing choices for low-income, moderate-income
and gap-group households.

HRS 226-22  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; Objectives and Policies for Socio- Cultural
Advancement; Social Services? Declares plans for social services to
include promoting programs for family planning.

HRS 226-25  Hawaii State Planning Act; Part I; Overall Theme, Goals,
Objectives and Policies; Objectives and Policies for Socio- Cultural
Advancement; Culture? Declares state plans for culture include
supporting activities and customs which are sensitive to family and
community needs.

HRS 231-15.8  Administration of Taxes; Time for Performing Certain Acts
Postponed by Reason of Service in Combat Zones? A time allowance for
filing taxes is given to the spouse of an individual who has served in
combat duty.

HRS 231-25  Administration of Taxes? Sets out collection proceedings
that exempts certain items owned by taxpayer's "family" from seizure.

HRS 231-57  Administration of Taxes; Apportionment of Joint Refunds? In
a joint income-tax return, either spouse may request that the State
make separate refunds if there is a set-off against the joint
income-tax refund.  Such a refund will then be apportioned according to
the gross earnings of each as shown by information on the returns.

HRS 235-1  Income Tax Law; Definitions? Treats "husband and wife" as
legal entity for tax purposes (defined as that accorded by the Internal
Revenue Code), which the state income-tax law accords certain
benefits/burdens.

HRS 235-2.4  Income Tax Law? Operation of certain IRC provisions
including amount of standard deduction ($1,900 for married, $1,500 for
single or surviving spouse HRS 235-2.4(a)); and rollover gain on sale
of principal residence as it applies to taxpayers and their spouses who
are military and on active duty in Hawaii, HRS 235-2.4(l). HRS 235-4 
Income Tax Law; Operation of Certain Internal Revenue Code Provisions?
Application of state income taxes to residents, nonresidents, corps.,
estates and trusts requires nonresident spouses who file with resident
spouses to be taxed on entire income as if a resident.

HRS 235-5.5  Income Tax Law; Individual Housing Accounts? Provides that
spousal transfers of these accounts (upon death, total disability or
divorce) are not taxable.  Maximum amount that can be accrued under
such accounts is $10,000/yr. for married couples and $5,000/yr. for
unmarried individuals.

HRS 235-7  Income Tax Law; Other Provisions as to Gross Income,
Adjusted Gross Income, and Taxable Income? Deduction for expenses
incurred as part of a legal services plan for taxpayer and spouse.

HRS 235-7.5  Income Tax Law? Treatment of unearned income of minor
children may include taxing at applicable parental (both parents) tax. 
This has no direct reference to spouse of family other than how a
child's income relates to his or her parents' income.

HRS 235-12  Income Tax Law? Energy conservation income-tax credit may
be taken on a joint return by a couple even if the one making the
investment has no taxable income.  Otherwise, such a person must roll
the credit over to future years where the value of the credit is less
due to inflation.

HRS 235-16  Income Tax Law; County Surcharge Excise Tax Credit? Credit
is based upon adjusted gross income of individual/married couple.  The
credit increases at a greater rate at higher incomes (i.e. amount of
credit is not proportional to amount of income), and married couples
are allowed to aggregate income in computing credit (so a married
couple with two high incomes gets a higher credit than an unmarried
couple with the same two high incomes).

HRS 235-51  Income Tax Law; Tax Imposed on Individuals; Rates? Imposes
different tax schedules for married couples and unmarried individuals. 
The schedule for married couples includes larger income brackets at the
lower tax rates.

HRS 235-52  Income Tax Law; Joint Returns? Tax imposed in the case of
joint return for married couples shall be as near as twice the tax
which could be imposed if the taxable income were cut in half.

HRS 235-54  Income Tax Law; Exemptions? Gives an additional exemption
to a taxpayer's spouse over the age of 65 (valued at $1,040).

HRS 235-55.6  Income Tax Law; Expenses for Household and Dependent Care
Services Necessary for Gainful Employment? Provides a tax credit for
expenses incurred by a taxpayer for household and dependent care
services for the taxpayer's spouse and dependents.

HRS 235-55.7  Income Tax Law; Income Tax Credit for Low-Income
Household Renters? Allows husband and wife to pool income and rent in
determining whether they qualify for the credit, even if they file
separate returns.

HRS 235-55.9  Income Tax Law; Medical Services Excise Tax Credit?
Provides a higher tax credit for medical expenses paid by an individual
resident taxpayer where such taxpayer is married and both are over 65
years of age ($600) versus an unmarried taxpayer over 65 years of age
($400).

HRS 235-61  Income Tax Law; Withholding of Tax on Wages? Allows a
married individual to claim a higher deduction and an additional
exemption in computing taxable income subject to withholding.

HRS 235-93  Income Tax Law; Joint Returns? Allows husband and wife to
file a joint return.

HRS 235-97  Income Tax Law; Estimates; Tax Payments; Returns? Allows
husband and wife to submit a single payment voucher for declarations of
estimated tax.

HRS 235-102.5  Income Tax Law; Income Check-Off Authorized? Allows
husband and wife filing a joint return to pool income in determining
whether they can each claim a maximum $2 Hawaii election campaign fund
income tax check-off.  (Aggregate check- off can not exceed aggregate
income).

HRS 236A-5  Inheritance and Estate Taxes Law; Allowance for Exemptions,
Deductions and Credits? Provides for exemptions, deductions and credits
in calculating estate/inheritance tax where decedent's gift is made to,
among others, his/her spouse.

HRS 237-24.3(10)  Use Tax Law; Definitions, Generally? Exempts from the
use tax those household goods which are imported, or purchased from an
unlicensed seller, for use in the state.

HRS 247-3(4), (10)  Conveyance Tax; Exemptions? Exempts transfers
between husband and wife, even after divorce.

HRS 261-32  Transportation and Utilities; Airport Relocation;
Assistance for Displaced Person, Families, Business and Non- Profit
Organization? Allows state director of transportation to provide
assistance to any person or family that is relocated due to airport
land acquisitions program in the form of actual and reasonable moving
expenses, or $200 or moving expenses and $100 dislocation allowance. 
Director may also provide relocation assistance and enter into lease,
license or other arrangements with any displaced person or family
granting the use or occupancy of any lands or property under the
department's jurisdiction.

HRS 261-33  Transportation and Utilities; Airport Relocation;
Relocation Housing? Provides a replacement housing payment to be made
to owners of real property improved by a single-, or two-, or
multi-family dwelling under certain circumstances.

HRS 261-34  Transportation and Utilities; Airport Relocation; Not
Treated as Income? Exempts payments received under HRS 261-32 and HRS
261-33 from the state income-tax law.

HRS 281-3  Intoxicating Liquor; Illegal Manufacture, Importation, or
Sale of Liquor? Exemption from the prohibition of the manufacture of
liquor without a license only applies to heads of families who make
liquor for family use and not for sale. HRS 286-107(g)  Highway Safety;
License Renewals; Procedures and Requirements? Authorizes an extended
period for license renewal by mail if a resident military person's
immediate family is out of state on official military orders.

HRS 301-2  Adult and Community Education; Scope of Adult and Community
Education Programs Offered? Scope of adult education courses includes
training in family life.

HRS 304-4(b)  University of Hawaii; General and Administrative
Provisions; Powers of Regents; Official Name? Exempts a U.H. employee's
spouse from the nonresident tuition differential.

HRS 306-1  University Projects; Definitions? Provides that health,
dining and other UH facilities shall be open to families of UH
community members.

HRS 321-11.2  Department of Health; General and Administrative
Provisions; Adult Foster Homes? Prohibits an adult foster home having
more than two adults with developmental disabilities at the same time,
who are unrelated to the foster family, from being certified as an
adult foster home for developmentally disabled individuals requiring
such care beyond the eighteenth birthdayHRS 321-123  Department of
Health; Chronic Renal Disease; Financial Assistance; Eligibility
Standards? The economic well-being of both the sufferer of chronic
renal disease and the sufferer's family is considered in determining
the sufferer's eligibility for financial assistance to aid the cost of
health to care related to such disease.

HRS 321-321  Department of Health; Maternal and Child Health Program;
Purpose? Describes the purpose of the maternal and child health program
to promote the health of families.

HRS 321-322  Department of Health; Maternal and Child Health Program;
Administration of Programs? Describes the purpose of the maternal and
child health program to promote the health of families.

HRS 321-323  Department of Health; Maternal and Child Health Program;
Definitions? Describes the purpose of the maternal and child health
program to promote the health of families.

HRS 321-331  Department of Health; Maternal and Child Health Program;
Prenatal Health Care; Authority? Requires confidentiality for mothers
and families who participation prenatal care programs.

HRS 321-351  Department of Health; Maternal and Child Health Program;
Definitions? Uses the term "families" when discussing the intended
beneficiaries of the infant and toddler early intervention
program--e.g., those who receive counseling.

HRS 324-22  Medical Research; Morbidity and Mortality Information;
Cancer Studies; Identity of Person Studies and Material, Restrictions?
Requires researchers to receive permission from the patient's immediate
family when seeking to provide additional information for research
studies approved by the cancer commission.

HRS 327-3  Medical and research Use of Bodies; (New) Uniform Anatomical
Gift Act; Making, Revoking and Objecting to Anatomical Gifts, by
Others? Gives spouse first authorization to make, revoke, or object to
anatomical gifts, then children, then parents, then siblings, then
grandparents, then legal guardian.

HRS 327-5  Medical and research Use of Bodies; (New) Uniform Anatomical
Gift Act? Requires certain people to make inquiry to the patient and
family, if appropriate, regarding organ donations.  Looks to HRS 327-3
for authority of people to decide.

HRS 329-1  Uniform Controlled Substances Act; General Provisions;
Definitions? Defines "ultimate user" as a person who legally possesses
a controlled substance for their use or the use of a member of the
household.

HRS 334-6  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; General and Administrative Provisions; Fees; Payment of
Expenses for Treatment Services? Requires spouse to be responsible for
any payment due for expenses related to the care of a hospitalized
spouse.

HRS 334-10  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; General and Administrative Provisions; State Council on
Mental Health? States that the council shall include family members of
adults with serious emotional disturbances.

HRS 334-59  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; Admission to Psychiatric Facility; Emergency Examination
and Hospitalization? Provides for notification of the patient's family
if the patient declines his or her right to make a phone call, unless
the patient has requested that no one be called.

HRS 334-60.4  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; Admission to Psychiatric Facility; Notice; Waiver of
Notice; Hearing on Petition; Waiver of Hearing on Petition for
Involuntary Hospitalization? Requires notice or waiver of notice to
spouse on hearing for involuntary hospitalization.

HRS 334-60.5  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; Admission to Psychiatric Facility;  Hearing on Petition?
Court may adjourn if spouse has not been informed.

HRS 334-125  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism; Involuntary Outpatient Treatment; Notice? Notice of hearing
for involuntary outpatients treatment to spouse, parents, and children
required.

HRS 334-134  Mental Health, Mental Illness, Drug Addiction, and
Alcoholism? Requires same notice procedures as HRS 334-125 for a
petition for discharge from outpatient treatment.

HRS 334B-3  Utilization Review and Managed Care of Mental Health,
Alcohol, or Drug Abuse Treatment;  Standards for Review Agents?
Requires that a representative of the review agency is accessible to
the patient's family five days a week during normal business hours.

HRS 335-1  Interstate Compact on Mental Health; Enactment of Compact?
States that a goal of the compact is to benefit the families of the
mentally ill.  Takes into consideration the location of the family when
transferring mental patients to another state for care.

HRS 335-5  Interstate Compact on Mental Health;  Consultation with
Transferee's Family? Requires compact administrator of proposed
transferee to consult with the proposed transferee's "immediate
family."

HRS 338-18  Vital Statistics; State Public Health Statistics Act;
Disclosure of Records? Allows disclosure of vital statistics of a
person to his or her spouse.

HRS 338-21  Vital Statistics? Describes 3 methods of awarding children
whose parents are not married at birth, the birth rights of those who
were born with married parents, (1) Parents marry, (2) natural parents
acknowledge (3) establishment of parent-child relationship under HRS
584 which would exclude birthrights to a child to a second gay parent.

HRS 346-10  Social Services and Housing; Protection of Records;
Divulging Confidential Information Prohibited? The Aid to Families with
Dependent Children program is mentioned; also adoptive parents have
rights to certain information.

HRS 346-14  Social Services and Housing; Duties Generally? Assistance
for families.

HRS 346-15(d)  Social Services and Housing; Burial of Deceased Public
Assistance Recipients or Unclaimed Corpses? Permission to make
arrangements for the burial or cremation of the dead is given to
relatives.

HRS 346-17.4  Social Services and Housing; Foster Board Allowances for
Students? Allows for payments and reimbursements for foster parents as
part of foster family.

HRS 346-29  Social Services and Housing; Applications for Public
Assistance; Manner, Forms, Conditions? (5)  In determining the needs of
an applicant for medical assistance, guidelines are based on a family
of two persons and an additional $250 for each additional person
included in an application. ? (6)  In determining the needs of an
applicant, the department cannot consider as income payment which was
made to eligible individuals, eligible surviving spouses, surviving
children or surviving parents as specified under Title I of the Civil
Liberties Act of 1988, Public Law 100-383 restitution to individuals of
Japanese ancestry who were interned during WW II). ? (9) and (10) 
Special privileges are granted to an individual whose spouse is
committed or residing in a medical institution.

HRS 346-29.5  Social Services and Housing; Real Property Liens? The
department is authorized to place a lien on any real property owned by
an applicant which will have priority over all other debts.  However,
this priority is subjugated by allowances made to the surviving spouse
and children for their support during the administration of the estate.

HRS 346-37  Social Services and Housing; Recovery of Payments? Allows
the department to file a claim against the estate of a recipient if
he/she does not have a surviving spouse.

HRS 346-37.1  Social Services and Housing; Payment of Public Assistance
for Child Constitutes Debt to Department by Natural or Adoptive
Parents? Both parents are responsible for bills to DHS.

HRS 346-53  Social Services and Housing; Determination of Amount of
Assistance? The determination of the amount of assistance is based on
the size of the "family."

HRS 346-65  Social Services and Housing; Child Abuse and Neglect
Discretionary Emergency Assistance? Benefits for child abuse and
neglect discretionary emergency assistance are available to assist
children and families.

HRS 346-71  Social Services and Housing; General Assistance? Assistance
is available to family groups, and assistance shall be based on the
income and resources of both parents.

HRS 346-82  Social Services and Housing; Purchase of Service? Services
to the elderly and disabled adults can include some services to the
participants' families. HRS 346-237  Social Services and Housing;
Notice of Proceedings? In a proceeding to establish a guardian ad
litem, the spouse and adult children are entitled to notice.

HRS 346-261  Social Services and Housing; JOBS, Establishment; Purpose?
JOBS program gives benefits to families.

HRS 346-261 through 272  Social Services and Housing? JOBS program
gives benefits to families.

HRS 346-301 through 305  Social Services and Housing; Adoptive
Assistance Program? Although HRS ?346-304 provides that eligibility of
adoption assistance shall not depend on income or property of adoptive
families, the question arises whether same- gender parents could be
accepted as adoptive families, as they presently cannot co-adopt
children.

HRS 350C-1 through ?350C-7   Adoption Assistance Compact and Procedures
for Interstate Services Payments? Provides assistance to adoptive
families.

HRS 351-2  Criminal Injuries Compensation; Definitions? Defines
"relative" who is eligible under this provision as "victim's spouse".

HRS 352-13  Hawaii Youth Correctional Facilities; Evaluation,
Counseling, Training? Provides for counseling services for the
committed person's family.  "Family" is not defined.

HRS 352-22  Hawaii Youth Correctional Facilities; Periodic Re-
Examination of Status of Persons Committed to the Department? The
family is to be checked during the periodic reviews which might lead to
discharge of the child (if the 2nd spouse is counted as "family", it
results in two parents instead of one helping in the discharge).

HRS 352-26  Hawaii Youth Correctional Facilities; Taking Into Custody
and Detaining Persons for Violations of Terms and Conditions of Parole
and  Furlough and Attempted Escape? For violations, parents/legal
guardians have right to notice if they wish to retain legal counsel and
appeal an order from the director.

HRS 352-29  Hawaii Youth Correctional Facilities; Termination of
Director's Right to Supervise Person? Director must notify parent/legal
guardian when supervision of a minor is terminating.

HRS 352D-1 through 352D-10  Office of Youth Services? Provides for
assistance to families of youth at risk.  "Family" not defined.

HRS 353-17  Corrections; Committed Persons, Furlough, Employment?
Furlough rights are given for the death or critical illness or injury
of an immediate family member.  "Family" not defined.

HRS 353-25  Corrections; Powers and Duties of Guardian? A prisoner's
wealth shall be invested and used for the benefit of the prisoner's
family upon his/her death.  "Family" not defined.

HRS 353-81; Corrections; Authorization; Form of Compact? Within the
compact area, prisoners on parole or probation may move to be with
family.  "Family" not defined.

HRS 358D-2 through 358D-12, and HRS 358D-17; Homeless Families
Assistance Act? Assistance to homeless families is provided.  "Family"
not defined.

HRS 359-1  State Housing Projects; Findings and Declaration? Recognizes
the need to confer housing benefits to families.  "Family" not defined.

HRS 359-10; State Housing Projects; Housing, Tenants Selection? Confers
benefits to families of veterans, families of servicemen, person or
families displaced by the activities of a government. Also, first
preference priority is given to veterans with a permanent disability
and to a deceased veteran's widow.

HRS 359-40  State Housing Projects; Housing, Tenant Selection? Confers
benefits to families of veterans, families of servicemen, person or
families displaced by the activities of a government. HRS 359-123 
State Housing Projects; Qualified Tenant Defined? Establishes the
qualifications for family to receive housing benefits.

HRS 359-125  State Housing Projects; Determination of Eligibility of
Occupants and Rental Charges? Establishes the qualifications for family
to receive housing benefits.

HRS 359-141  State Housing Projects; State Sales Housing? Sets out a
guideline of contract terms for tenant families that wish to sell home.

HRS 363-1  Veterans Rights and Benefits; Definitions? Defines "family"
as the immediate family members of a veteran.

HRS 363-3  Veterans Rights and Benefits; Activities of the Department?
Confers benefits of counseling and assistance to the veterans and their
families.

HRS 363-5  Veterans Rights and Benefits; Council's Responsibility;
Burial of Servicemen, Veterans and Dependents? Allows for the burial of
resident veterans, their spouses and minor children.

HRS 363-7  Veterans Rights and Benefits; Burial of Nonresident
Servicemen and Dependents? Allows for the burial of nonresident
veterans, their spouses and minor children.

HRS 377-1(3)  Hawaii Employment Relations Act; Definitions? "Employee"
is defined to exclude employment by parents and spouses.

HRS 383-7(5)  Employment Security; Excluded Service? "Employment" in
this section does not include employment by parents, their children, or
spouses.

HRS 385-1  Additional Unemployment Compensation Benefits Law?
Additional unemployment compensation benefits; payable when the
additional aid is targeted to help families.

HRS 386-5  Worker's Compensation Law; Exclusiveness of Right to
Compensation? Limits spouses to coverage under this law for benefits.

HRS 386-34(1); Worker's Compensation Law; Payment After Death? In the
event an individual's dies from causes other than the compensable work
injury, the surviving spouse and dependent children are given the
rights to the unpaid balance of worker's compensation benefits.

HRS 386-41  Worker's Compensation Law; Entitlement to and Rate of
Compensation? In the event a work injury causes death, this section
provides that the employer shall pay for funeral expenses and shall pay
weekly benefits to the surviving spouse and dependent children.

HRS 386-42  Worker's Compensation Law; Dependents? A surviving spouse
is listed as a dependent and therefore entitled to the benefits of this
chapter.

HRS 386-43  Worker's Compensation Law; Duration of Dependent's Weekly
Benefits? Said benefits continue for spouse until death, or until
remarriage, with two years' compensation in one sum.

HRS 386-54  Worker's Compensation Law; Commutation of Periodic
Payments? Allows commutation of periodic payments to lump sum payment
to spouse or dependent.  Provides rules for payments when there is
probability of remarriage of the spouse.

HRS 388-4  Wage and Compensation; Payment of Wages to Relatives of
Deceased Employee? Wages, vacation, or sick leave pay due to the
deceased employee can be paid to the surviving spouse.

HRS 398-1  Family Leave; Definitions? Defines "immediate family" to
include spouse, parent and in-laws; it does not include same- gender
partner.  For benefit see HRS 398-3, 4, 7, 8, 9, 10.

HRS 398-3  Family Leave; Family Leave Requirement? Entitles an employee
up to four weeks of  family leave to care for immediate family.

HRS 398-4  Family Leave; Unpaid Leave Permitted; Relationship to Paid
Leave? Provides that family leave can be paid or unpaid, or the
combination of both.

HRS 398-7  Family Leave; Employment and Benefits Protection? Provides
for the protection of the employee's employment benefit during family
leave.

HRS 398-8  Family Leave; Prohibited Acts? Protects employee's right to
exercise family leave.

HRS 398-9  Family Leave; Enforcement and Administration? Protects
employee's right to exercise family leave.

HRS 398-10  Family Leave; Applicability? Protects employee's right to
exercise family leave.

HRS 412-1-109  Financial Institutions? Includes spouse share holdings
when defining "principal shareholder".

HRS 412-10-100  Financial Institutions? Benefits for spouse and
children.

HRS 412-10-121  Financial Institutions? Central credit union benefits
for spouses.

HRS 417E-1  Corporate Takeovers? Includes securities owned by spouse
residing in home of person when defining "beneficial owner."

HRS 421I-3  Cooperative Housing Corps? Allows members of the board of
directors to be spouse of shareholder.

HRS 425-4  Partnerships? Continuation of rights under existing
homestead leases.

HRS 425-125  Partnerships? Excludes a partner's right in specific
partnership property from dower, curtesy, or allowances to the
surviving spouse. HRS 431:9-233  Insurance Code; Insurance Licensing?
Allows commission to issue a temporary general agent's, subagent's or
solicitor's license to a surviving spouse upon the death, disability or
drafting of a licensed agent or solicitor.

HRS 431:10-203  Insurance Code; Power to Contract? Allows a minor
competent to contract for life or disability insurance on the minor's
own life for the benefit of the minor or the minor's spouse.

HRS 431:10-206  Insurance Code; Application for Insurance: Consent of
Insured Required? Allows one spouse to contract for life or disability
insurance without the consent of the insured spouse.

HRS 431:10-234  Insurance Code; Spouses' Right in Life Insurance
Policy? States that life insurance policies made payable to, or
assigned, transferred to or for the benefit of the spouse of the
insured shall inure to the separate use and benefit of such spouse. 
Allows a married person to contract policies on the life or health of
spouse or children or against loss by such spouse or children, without
consent of one's spouse.

HRS 431:10A-103  Insurance Code; Family Coverage Defined? Defines
family coverage to include a policy that insures members of the family
including spouse, dependent children and any other person dependent
upon the policyholder.

HRS 431:10A-104  Insurance Code; Form of Policy? A policy of accident
and sickness insurance shall neither be delivered nor issued for
delivery to any person unless it purports to insure only one person,
except that a policy may provide family coverage as defined in Section
431:10A-103.

HRS 431:10A-105  Insurance Code; Required Provisions? Subsection 9(A)
and (B) requires "Payment of Claims" clause to include the following
language: indemnity for loss of life payable in accordance with the
beneficiary designation or to the estate of the insured, if no
designation is effective at the time of the payment, or at death of the
insured.  For the indemnity of this policy payable to the estate of the
insured, or to an insures of beneficiary who is a minor, the insurer
may pay the indemnity, up to an amount not exceeding $2,000 to any
relative by blood or connection by marriage of the insured or
beneficiary who is deemed by the insurer to be equitable entitled. 
Such payment made by the insurer in good faith shall fully discharge
the insurer to the extent of the payment.

HRS 431:10A-115  Insurance Code; Coverage of Newborn Children? Provides
that policy providing family coverage on an expense incurred basis
applicable for children shall be payable for newborn infants.

HRS 431:10A-116.5  Insurance Code; In Vitro Fertilization Procedure
Coverage? Requires pregnancy related benefits to include a one-time
only benefit for all outpatient expenses arising from vitro
fertilization procedures performed on the insured or the insured's
dependent spouse.  The term "spouse" means a person who is lawfully
married to the patient under the laws of the State.

HRS 431:10A-202  Insurance Code; Health Care Groups? States that policy
of group disability insurance may be issued to a corporation as
policyholder, existing primarily for the purpose of  assisting
individuals who are its subscribers...for themselves and their
dependents.

HRS 431:10A-206  Insurance Code; Coverage of Newborn Children? Requires
all group or blanket policies providing family coverage on an
expense-incurred basis to provide coverage for newborn children.

HRS 431:10A-401  Extended Health Insurance; Purpose? States that the
purpose of the extended health insurance is to more adequately meet the
needs of persons and their spouses who are  65 years or older at lower
cost.

HRS 431:10A-403  Extended Health Insurance; Association of Insurers;
Policyholder; Policy? Authorizes insurers to join together to provide
extended health insurance for persons and their spouses 65 years and
older.

HRS 431:10B-105  Extended Health Insurance; Amount of Credit Life
Insurance and Credit Disability Insurance? Makes exception for limiting
amount of credit life insurance and credit disability insurance when
indebtedness is for the sole purpose of providing future advances or
education expenses for the debtor, debtor's spouse or other dependents.

HRS 431:10C-103  Extended Health Insurance; Definitions? Defines
"No-fault insured" as the person identified by name and includes the
person's unnamed spouse or relative while living in the same household.

HRS 431:10C-302  Auto Insurance; Required Optional Additional
Insurance? Requires the insurer to offer an option to allow
compensation to the insured's spouse or dependents for damage not
covered by no-fault benefits.

HRS 431:10C-305  Auto Insurance; Obligation to Pay No-Fault Benefits?
Requires the insurer to pay without regard to fault for the benefit of
the surviving spouse or dependent an amount equal to the no-fault
benefits.

HRS 431:10D-104  Life Insurance; Standard Nonforfeiture Law; Life
Insurance Contracts? Standard Nonforfeiture Law of Life Insurance
defines rules for surrendering the cash value under a family policy,
which defines a primary insured and provides term insurance on the life
of the spouse of the primary insured.

HRS 431:10D-114  Life Insurance; Miscellaneous Proceeds? Authorizes the
insurer to pay miscellaneous proceeds to a surviving spouse,
beneficiary or person other than the insured's estate appearing to the
insurer to be equitably entitled to the payment.

HRS 431:10D-201  Life Insurance; Groups' Life Insurance Requirements?
Under this clause, contracts of life insurance insuring only
individuals related by marriage, by legal adoption...or otherwise
having an insurable interest in each other's life, are exempted from
certain limitations on policy of group life insurance.

HRS 431:10D-203  Life Insurance; Debtor Groups? Limits the amount of
life insurance offered to individual debtors in a debtor group not to
exceed the unpaid indebtedness unless it is for future advances or
educational expenses of debtor  or debtor's spouse or dependent.

HRS 431:10D-212  Life Insurance; Spouses and Dependents of Insured
Individuals? Allows insurers to extend group life insurance policies to
spouses and dependent children of the insured.  Allows insurer to limit
or exclude coverage of a spouse or dependent child based on evidence of
a nonsatisfactory individual insurability.

HRS 431:10D-308  Life Insurance; Facility of Payment? Authorizes the
insurer to make payment under the policy to...insured's relative by
legal adoption or connection by marriage...if the designated
beneficiary in the policy failed to surrender the policy within certain
period, or if the beneficiary is a minor, or incompetent to give a
valid release, or dies before the insured.

HRS 431:13-103  Unfair Methods of Competition and Unfair or Deceptive
Acts or Practices Defined? Declares that an insurer's refusing to
insure, refusing to continue to insure, or limiting the amount of
coverage available to an individual because of the gender or marital
status of the individual, constitutes unfair discrimination.  However,
allows an insurer to take marital status into account for the purpose
of defining  persons eligible for dependent benefits.

HRS 431N-1  State Health Insurance Program Act; Findings and Purpose?
States the purpose of this chapter is to establish a program . . . to
ensure that basic health insurance coverage is available to medically
uninsured who are defined as "gap group individuals," including
dependents, primarily children of insured, who are not covered by their
parent's, guardian's or spouse's policies.

HRS 432:1-104  Benefit Societies; Definitions? Defines mutual benefit
society (inter alia) as making a provision for the payment of benefits
in case of sickness, disability or death of its members, or members'
spouses or children.

HRS 432:1-602  Benefit Societies; Newborn Children Coverage? Requires
all individual and group hospital and medical service corporation
contracts that provide coverage for family member of the subscriber to
provide for newborn children. HRS 432:1-604  Benefit Societies; In
Vitro Fertilization Procedure Coverage? Requires all individual and
group hospital or medical service plans that offer pregnancy benefits
to provide one-time in vitro benefits...for the subscriber or the
subscriber's dependent spouse.

HRS 443B-1  Collection Agencies; Definitions? Includes spouse of debtor
in the definition of "debtor."

HRS 453-15  Medicine and Surgery? Gives authorization first to parents,
spouse, child, guardian next of kin, then friend for authorization of
postmortem examination.

HRS 486H-9  Rights of Dealer Family Member? Includes surviving spouse
in definition of "dealer family member" who may be designated to have
right to operate gas franchise.

HRS 509-2  Creation of Joint Tenancy, Tenancy by the Entirety, and
Tenancy in Common? Allows owners of property to convey directly to
themselves or to their spouses without the necessity of first conveying
through a third person or "straw man."

HRS 510-5  Community Property ? Allows either spouse to manage
property.

HRS 510-6  Community Property; Incapacity of Spouse? Allows either
husband or wife to commence an action in circuit court to manage
community property when the other spouse is non compos mentis,
imprisoned for more than 1 year, a drunkard or otherwise incapacitated.

HRS 510-9  Divorce; Division of Property? Provides for division of
community property by court decree in the event of divorce.

HRS 510-10  Death of husband or Wife? Provides that upon the death of
the husband or wife, one-half of the community property shall continue
to belong to the survivor.  The whole of the community property which
at the time of the death of the husband or wife is held by, or is
standing in the name of, the survivor who should have the power to
receive, manage, control, dispose of, and otherwise deal with the
property until the property has been reduced to possession or control
by the personal representative of the decedent.

HRS 510-22  Uniform Disposition of Community Property Rights at Death
Act; Rebuttable Presumptions? Applies a rebuttable presumption that
property acquired during the marriage is community property.

HRS 510-23  Uniform Disposition of Community Property Rights at Death
Act; Disposition Upon Death? Upon death of a married person, one-half
of the community property is attributed to the surviving spouse and is
not subject to testamentary disposition.

HRS 510-24  Uniform Disposition of Community Property Rights at Death
Act; Perfection of Title of Surviving Spouse? Allows perfection of
surviving spouse's title to community property held by the decedent at
the time of death, by order of circuit court.

HRS 510-25  Uniform Disposition of Community Property Rights at Death
Act; Perfection of Title of Personal Representative, Heirs, or Devisee?
Allows personal representative or an heir or devisee of the decedent to
perfect title to applicable community property held in surviving
spouse's name.

HRS 514A-43  Automatic Expiration of Public Reports; Exceptions?
Authorizes commission to suspend expiration date of public report for a
two-apartment condominium, provided, inter alia, that one or both of
the apartments is sold to an irrevocable trust to benefit a spouse of
family member.

HRS 514A-108  Inapplicability of Part of Sections? Horizontal Property
Regime Law relating to sales to owner-occupants does not apply to units
conveyed by the developer to the developer's spouse or family members.

HRS 516-71  Residential Leasehold? Exempts from the plain language
disclosure law any transfer of a leasehold residential lot to a
co-owner or spouse.

HRS 524-1  Facilities for Elders; Definitions? Defines "facility" as a
multi-unit residential building where units are leased for a term to
last the lifetime of the lessee and the lessee's surviving spouse and
reverts back to the lessor upon their deaths.

HRS 524-4  Facilities for Elders; Exclusions from Statutory Rule
Against Perpetuities? Excludes from the statutory rule of perpetuities
(HRS 525-1) a property interest with respect to a pension, or other
deferred benefit plan for an employee or their spouse.

HRS 531-15  Probate? Determination of the bar to dower or curtesy shall
not operate except by order of court on a proceeding brought by a
person claiming the estate and the surviving spouse is notified.  A
benefit based on the dower or curtesy law.

HRS 533-1  Dower and Curtesy? Provides for dower and implies only for
women because it uses the term "her husband."  Note: Webster's
Dictionary defines "dower" as "that part of man's property which his
widow inherits."

HRS 533-2  Dower and Curtesy;  Election in Case of Exchanged Lands?
Same as HRS 533-1.

HRS 533-3  Dower and Curtesy; In Lands Mortgaged Before Marriage? Same
as HRS 533-1.

HRS 533-4  Dower and Curtesy; Not in Lands Mortgaged for Purchase Money
During Coverture as Against Mortgagee? Same as HRS 533-1.

HRS 533-5  Dower and Curtesy; In Surplus After Purchase-Money Mortgage
Paid? Same as HRS 533-1.

HRS 533-6  Dower and Curtesy; Not in Lands Held by Husband as
Mortgagee? Same as HRS 533-1.

HRS 533-7  Dower and Curtesy; Widow's Right to Occupy Lands While Dower
Unassigned? Same as HRS 533-1.

HRS 533-8  Dower and Curtesy; Widow's Right to Remain in Husband's
House? Same as HRS 533-1.

HRS 533-9  Dower and Curtesy; Barred by Divorce or Misconduct? Same as
HRS 533-1.

HRS 533-10  Dower and Curtesy; Barred by Deed? Same as HRS 533-1.

HRS 533-11  Dower and Curtesy; Barred by Jointure Before Marriage? Same
as HRS 533-1

HRS 533-12  Dower and Curtesy; Barred by Pecuniary Provision Before
Marriage? Same as HRS 533-1

HRS 533-13  Dower and Curtesy; Election Between Dower and Jointure or
Pecuniary Provision, When? Same as HRS 533-1.

HRS 533-16  Dower and Curtesy; Curtesy; Election Between Curtesy and
Will? Same as HRS 533-1.

HRS 551-2  Guardians and Wards, General Provisions; Guardian Ad Litem;
Next Friend; Appointment? Excepts  the power of a court to appoint a
guardian ad litem for either spouse, although a minor, in all
proceedings for annulment, divorce, or separation, except in the case
of annulment on the grounds of nonage.

HRS 553A-1  Uniform Transfers to Minors Act; Definitions? Defines
"member of the minor's family" to include brother, sister, uncle, or
aunt by whole or half blood or adoption.

HRS 554B-1  Uniform Custodial Transfer Act; Definitions? Defines
"member of the beneficiary's family" to include "spouse," as well as
parent, step-parent, grandparent, brother, sister, uncle, or aunt by
whole or half blood or adoption.

HRS 554-6  Uniform Custodial Transfer Act; Multiple Beneficiaries,
Separate Custodial Trusts, Survivorship? Right of survival in a
custodial trust is automatically presumed for husband and wife.

HRS 560:1-201  Uniform Probate Code; General Provisions, Definitions
and Probate Jurisdiction of Court; Definitions? Defines "heirs" as
those persons, including surviving spouse, who are entitled under the
statutes of intestate succession to the property of a decedent.  Also,
specifically includes spouse in definition of "interested person,"
along with the other beneficiaries, devisees, creditors, and any others
having a property right in or claim against a trust estate or estate of
a decedent.

HRS 560:2-102  Uniform Probate Code; Intestate Succession and Wills;
Intestate Succession; Share of the Spouse? Spouse entitled to entire
estate if no surviving issue or parent and one-half if there is.
(Widow's estate taken as dower does not pass to her by virtue of
intestate succession and is, therefore, not subject to inheritance
tax.) (Wife is immediately entitled to insurance proceeds upon the
death of her husband.)

HRS 560:2-201  Uniform Probate Code; Elective Share of Surviving
Spouse; Right to Elective Share? Authorizes and defines elective share
of surviving spouse as one-third of net estate.  (This elective share
is not subject to inheritance tax.)

HRS 560:2-202  Uniform Probate Code; Elective Share of Surviving
Spouse; Net Estate? Defines net estate for the purposes of surviving
spouse's election.

HRS 560:2-203  Uniform Probate Code; Elective Share of Surviving
Spouse; Right of Election Personal to Surviving Spouse? Requires that
elective share right is personal and may be exercised only by a
surviving spouse during the surviving spouse's lifetime.

HRS 560:2-205  Uniform Probate Code; Elective Share of Surviving
Spouse; Proceeding for Elective Share and Dower; Time Limit.? Explains
procedure surviving spouse must take to receive elective share and
dower interest.

HRS 560:2-206  Uniform Probate Code; Elective Share of Surviving
Spouse; Effect of Election on Benefits by Will or Statute? Authorizes
the surviving spouse to be entitled to homestead allowance, exempt
property, and family allowance whether or not elective share is taken. 
Provides that if elective share is taken, surviving spouse is precluded
from any testamentary bequest unless testator spells out otherwise in
will.

HRS 560:2-301  Uniform Probate Code; Spouse and Children Unprovided for
in Wills; Omitted Spouse? Allows a spouse who married after execution
of the will the right to inherit as if intestate, unless the omission
was intentional.

HRS 560:2-401  Uniform Probate Code; Exempt Property and Allowances;
Homestead Allowance? Provides a homestead allowance of $5,000 for a
surviving spouse.

HRS 560:2-402  Uniform Probate Code; Exempt Property and Allowances;
Exempt Property? In addition to the homestead allowance, a surviving
spouse is entitled to $5,000 worth of exempted property from the
estate.

HRS 560:2-403  Uniform Probate Code; Exempt Property and Allowances;
Family Allowance? Provides for a reasonable amount of money to spouse
for a family maintenance during the administration period.  (Allowance
provided for anyone taking care of children.)

HRS 560:2-404  Uniform Probate Code; Exempt Property and Allowances;
Source, Determination and Documentation? Defines what property can be
used to satisfy homestead allowance and exempt property right.  Allows
for personal representative.  Family allowance limited to $6,000 if
administered by personal representative rather than spouse.  Requires a
non-spousal representative to petition the court if this amount is
deemed insufficient.

HRS 560:2-508  Uniform Probate Code; Wills; Revocation by Divorce; No
Revocation by Other Change of Circumstances? Revokes gifts made in a
will to a former spouse after divorce.

HRS 560:2-802  Uniform Probate Code; General Provisions; Effects of
Divorce, Annulment, and Decree Separation? Uses the terms husband and
wife when referring to the effect of divorce, annulment, or decree of
separation.

HRS 560:2-803  Uniform Probate Code; General Provisions; Effects of
Homicide on Intestate Succession, Will, Joint Assets, Life Insurance
and Beneficiary Designations? Provides that if a spouse kills the other
spouse, he/she will not be entitled to any of the above-named benefits.

HRS 560:3-101  Uniform Probate Code; Probate of Wills and
Administration; General Provisions; Devolution of Estate at Death;
Restrictions? In defining the devolution of estate at death, the rights
of the surviving spouse have precedence.

HRS 560:3-203  Uniform Probate Code; Probate of Wills and
Administration; Venue for Probate Proceedings; Priority to Administer;
Demand for Notice; Priority Among Persons Seeking Appointment as
Personal Representative? Prioritizes persons seeking appointment as
personal representative and places devisee surviving spouse second to
person determined by will and non- devisee spouse as highest priority
after all devisees.

HRS 560:3-303  Uniform Probate Code; Probate of Wills and
Administration; Informal Probate and Appointment Proceedings; Testate
Informal Probate Proceedings: Proof and Findings Required? Spouse
authorized under Part 4 to petition for rights due to denial of
statutory allowances or exempt property by registrar.

HRS 560:3-403  Uniform Probate Code; Probate of Wills and
Administration; Formal Testacy and Appointment Proceedings? Requires
explicitly that notice be given to the surviving spouse as well as
other heirs, devisees, and personal representatives.

HRS 560:3-703  Uniform Probate Code; Probate of Wills and
Administration; Duties and Powers of Personal Representative; General
Duties; Relation and Liability to Persons Interested in Estate;
Standing to Sue? Excludes from limiting liability the duty a personal
representative has in accordance with rights of a claimant, the
surviving spouse and children.

HRS 560:3-901  Uniform Probate Code; Probate of Wills and
Administration; Special Provisions Relating to Distribution;
Successor's Rights? Limits all distributions subject to claims of
creditors and allowances of surviving spouse.

HRS 560:3-902  Uniform Probate Code; Probate of Wills and
Administration; Special Provisions Relating to Distribution;
Distribution; Order in Which Assets Appropriated; Abatement? Excepts
from rules of assets abatement property in connection with the elective
share of surviving spouse.

HRS 560:3-906  Uniform Probate Code; Probate of Wills and
Administration; Special Provisions Relating to Distribution;
Distribution In-Kind; Valuation; Method? Allows a spouse's allowance
for exempt property to prevail over an in-kind distribution to a
specific devisee.

HRS 560:3-1212  Uniform Probate Code: Article 3: Probate of Wills and
Administration; Collection of Personal Property by Affidavit and
Summary of Administration Procedure for Small Estates; Estates of
Persons Leaving No Known Relatives? In the event a person dies, leaving
no known spouse, issue, parents, grandparent, or issue of grandparents
over the age of majority, the coroner is authorized to take charge of
the decedent's personal effects.  If valued over $1,000, the effects
are turned over to the court clerk; if under $1,000, the effects are
used to pay any expenses, with the remainder going to charity.

HRS 560:4-101  Uniform Probate Code: Article 4: Foreign Personal
Representatives; Ancillary Administration; Definitions? "Local personal
representative" is defined as  anyone qualified under ?560:3-601
(resident or resident corporation) or a spouse... of a decedent.

HRS 560:4-207  Uniform Probate Code: Article 4: Foreign Personal
Representatives; Ancillary Administration; Powers of Foreign Personal
Representatives; Ancillary Administrations; Provisions Governing? A
nonresident spouse is not disqualified from serving as the personal
representative of a nonresident decedent.

HRS 560:5-103  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and their Property; General Provisions; Facility of
Payment or Delivery? A minor is allowed to receive payment or delivery
of property owed to him/her under $1,000 if the minor is married.

HRS 560:5-210  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and Their Property; Guardians of the Person of Minors;
Termination of Appointment of Guardian of the Person; General? A
guardian of the person's authority terminates upon the minor's
marriage.

HRS 560:5-301  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and their Property; Guardians of the Person of
Incapacitated Persons; Testamentary Nomination of Guardian of the
Person for Incapacitated Person? Authorizes a parent of a spouse to
nominate a guardian for an incapacitated person.  Prioritizes spouse's
testamentary nomination before parent's.

HRS 560:5-309  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and their Property; Guardian of Incapacitated Persons;
Notices of Guardianship Proceedings? Requires notice to be given to the
person's or ward's spouse in proceedings for the appointment or removal
of a guardianHRS 560:5- 311  Uniform Probate Code: Article 5:
Protection of Persons Under Disability and their Property; Guardian of
Incapacitated Persons; Who May be Guardian of the Person; Priorities?
Prioritizes spouse of incapacitated person as most eligible guardian
before those nominated by will of deceased spouse, an adult child, a
parent, any relative, or a person who is caring for the incapacitated
person.

HRS 560:5-408  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and Their Property; Protection of Persons Under
Disability and Minors; Permissible Court Orders? Allows the court to
issue an order to exercise the protected person's elective share in the
estate of the person's deceased spouse.

HRS 560:5-410  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and Their Property; Protection of Persons Under
Disability and Minors; Who May be Appointed Guardian of the Property;
Priorities? Prioritizes who may be appointed guardian of the property
of a protected person in order of (1) Guardian of the person; (2) an
individual nominated by a protected person over the age of 14; (3) the
spouse of the protected person.

HRS 560:5-601  Uniform Probate Code: Article 5: Protection of Persons
Under Disability and Their Property; Sterilization; Definitions?
"Interested person" is defined to include the spouse that in ?
560:5-603 is able to file with the court, a petition for sterilization.

HRS 560:6-107  Uniform Probate Code: Article 6: Nonprobate Transfers;
Multiple-Party Accounts; Rights Against Multiple-Party Accounts? Allows
transfers to survivors of multiple-party accounts to be set aside if
the estate has insufficient funds, and requires multiple-party accounts
to account  to the personal representative or spouse of the decedent
for the decedent's net contribution.

HRS 571-46  Family Courts: Part 5: Procedure and Decree; Assignment by
Court Order of Future Income for Payments of Support? Authorizes court
to order assignment of future income for payments due for support of
spouse or former spouse.

HRS 572-21  Marriage: Part 2: Property Contracts, Debts, and
Liabilities; Presumption of Separate Property? There is a rebuttable
presumption that all property acquired in the name of the husband or
wife without regard to the time of the acquisition is the separate
property of the spouse.

HRS 572-22  Marriage: Part 2: Property Contracts, Debts, and
Liabilities; Contracts? Married couples are allowed to make valid
contracts, including agreements as to spousal support, the maintenance
and education of their children, although subject to court
modification.

HRS 572-23  Marriage: Part 2: Property Contracts, Debts, and
Liabilities; Not Liable for Spousal Debts? A married person is not
liable for the debts of a spouse.

HRS 572-26  Marriage: Part 2: Property Contracts, Debts, and
Liabilities; May be Personal Representative, Guardian, Trustee, or
Other Fiduciary? Authorizes a married person to become a personal
representative, guardian, trustee, custodian, or other fiduciary,
without any act or assent from that person's spouse.

HRS 572D-1  Uniform Premarital Agreement Act; Definitions? Defines a
premarital agreement as an agreement between prospective spouses made
in contemplation of marriage, to be effective upon the marriage. HRS
572D-3  Uniform Premarital Agreement Act; Content? Authorizes the
parties to a premarital agreement to contract for the modification or
elimination of spousal support.

HRS 572D-6  Uniform Premarital Agreement Act; Enforcement? In the event
that the elimination of spousal support causes a spouse to become
eligible for public assistance, the court may override the agreement to
provide the support for the spouse to the extent that is it necessary
to avoid public assistance.

HRS 572D-10  Uniform Premarital Agreement Act; Prior Agreements?
Validates all agreements prior to July 1, 1987, as enforceable under
statute if otherwise valid.

HRS 574-1  Names; Married Persons? Allows each party of a marriage to
declare the name to be used as a married person.

HRS 574-5(3)  Names; Change of Name; Procedure? Reaffirms that marriage
is one of the only ways in which a valid change of name can be
achieved.

HRS 575-2  Uniform Desertion and Nonsupport Act (Modified); Prima Facie
Evidence; Sequestration of Money for Support of Spouse or Children?
Defines prima facie evidence of desertion as an absence from, without
providing support for, the spouse for 3 months or more.  Thereafter,
upon a finding of desertion by the court, that deserted spouse is
entitled to any money in the possession of a third party that belonged
to the deserting spouse.

HRS 575-3  Uniform Desertion and Nonsupport Act (Modified); Complaint?
Authorizes a deserted spouse to file a complaint.

HRS 576D-10.5  Child Support Enforcement; Liens? Authorizes the
placement of a lien on the personal or real property of deadbeat
spouses who are over 3 months delinquent in payment of any spousal
support that is in conjunction with child support.

HRS 576E-2  Administrative Process for Child Support Enforcement;
Attorney General; Powers? Authorizes the attorney general through the
child support enforcement agency, to establish, modify, terminate,
enforce and collect spousal support.

HRS 576E-5  Administrative Process For Child Support Enforcement?
Requires notice to deadbeat that child and spousal support shall be
payable by an order for immediate income withholding .

HRS 576E-10  Administrative Process for Child Support Enforcement;
Hearings Officers? Authorizes hearing officer to enter an order
enforcing the collection of spousal support for a spouse or former
spouse that is living with a subject child.

HRS 576E-16  Administrative Process for Child Support Enforcement?
Authorizes income withholding in the case of spousal support for the
benefit of the child.

HRS 577-25  Children? Marriage officially emancipates a minor in the
eyes of the law except with respect to criminal law and exclusive
jurisdiction of the family court.

HRS 577-26  Children? Authorizes counselor to inform the spouse,
parent, custodian, or guardian of any minor who requests or is referred
to drug or alcohol abuse counseling.

HRS 577A-3  Medical Care/Minors? Gives discretion to physicians who
treat minors for pregnancy or venereal disease to decide whether or not
to inform the spouse, parent, custodian or guardian of the minor
patient.

HRS 577A-4  Medical Care/Minors? Releases from financial liability a
spouse, parent, guardian, or custodian of a minor who consents to
receive medical care and services related to pregnancy and venereal
disease.

HRS 578-2  Adoption? In order to grant the petition to adopt an adult,
the consent of the adult's spouse is required if adult adoptee is
married.

HRS 578-16  Adoption? An individual who is adopted by a natural parent,
grandparent, aunt, uncle, or sibling, or their spouse, is deemed to be
included in any determination of heirs or members of any class, unless
specifically excluded.

HRS 580-9  Divorce? Authorizes the court to award temporary support
from either spouse after the filing of a complaint for divorce.

HRS 580-10  Divorce? Authorizes the court to issue a temporary
restraining order against a spouse to prevent physical damage.

HRS 580-12  Divorce? Allows the sequestration of property within the
State belonging to a party in a matrimonial action for the support of
either spouse.

HRS 580-13  Divorce? Authorizes court to obtain security for the
allowance to the other spouse.

HRS 580-15  Divorce? Authorizes county attorneys to represent the court
in any contempt proceeding for the enforcement of an order of support
of a spouse or child.

HRS 580-24  Divorce? Allows deceived spouses who enter illegal
marriages unknowingly to a just allowance for support.

HRS 580-41.5  Divorce? Excuses spouses from participating in mediation
programs for divorce settlement where there are allegations of spousal
abuse.

HRS 580-47  Divorce? Lists relevant facts the court shall consider when
ordering spousal support.

HRS 580-49  Divorce? Allows the court to order support of an insane
spouse after divorce where the spouse was insane at the time of the
decree.

HRS 580-56  Divorce? Limits the interest that can be obtained by a
spouse of a remarried party to a divorce action where property
interests are still pending after the granting of the divorce.

HRS 580-74  Divorce? Allows the court to order child and spousal
support from either spouse upon a decree of separation.

HRS 584-6  Paternity? Waives required notice to a natural father in
custodial proceedings when the adoptive parent is the spouse of the
child's parent and there is no legitimate or court- recognized father.

HRS 584-24  Paternity? Waives required notice to a natural father in
custodial proceedings when the adoptive parent is the spouse of the
child's parent and there is no legitimate or court- recognized father.

HRS 586-1  Domestic Abuse? Defines "family and household members" as
"spouses," and "persons jointly residing or formerly residing in the
same dwelling unit."

HRS 606-5  Courts? Authorizes free copies of certain decrees to
veteran's spouse.

HRS 626-1-304  Rules of Evidence? Ceremonial marriage is presumed to be
valid.

HRS 626-1-504  Rules of Evidence? Extends physician-patient privilege
to "family".

HRS 626-1-505  Rules of Evidence? Spousal privilege and confidential
marital communications.

HRS 651-91  Attachment? Defines the term "head of family" to include an
individual living with a deceased spouse's child.

HRS 651-92  Attachment? Authorizes a head of family to keep a real
property interest with a value up to $30,000 exempt from attachment; an
individual gets to exclude only $20,000.

HRS 651-93  Attachment? Allows each spouse to claim a separate real
property exemption following the entry of a decree of separate
maintenance or divorce.

HRS 651-121  Attachment? Uses the term household to describe the amount
of household property exempt from attachment.

HRS 651C-1  Fraudulent Transfer? Defines "relative" as a "...spouse, or
an individual related to a spouse within the third degree as so
determined."

HRS 663-1  Tort Actions? Gives standing to sue in a tort action when
damage, trespass or injury occurs to the aggrieved party's spouse inter
alia.

HRS 663-3  Tort Actions? Authorizes damages for wrongful death for loss
of parental care . . . as a result of the death of a spouse or persons
wholly or partly dependent upon the deceased person.

HRS 706-670.5  Criminal Disposition? Requires notice to a victim or
surviving immediate family members of a criminal's parole or final
unconditional release.  Defines "surviving immediate family member"
(inter alios) as spouse of a deceased victim.

HRS 706-673  Criminal Disposition? Requires notice to victim or
surviving immediate family members of criminal escape.  Defines
"surviving immediate family member" as spouse of a deceased victim.

HRS 706-700  Offenses Against the Person; Definitions? Defines
"married" to include "persons legally married, and a male and female
living together as husband and wife regardless of their legal status,
but does not include spouses living apart."

HRS 706-769  Offenses Against the Person; Defenses to Extortion?
Provides a defense to extortion if owner of property is the defendant's
spouse.

HRS 708-834  Offenses Against Property Rights; Entry Upon the Premises
of a Sex, Child, or Spouse Abuse Shelter? Defines misdemeanor of a
person who knowingly enters or remains on premises after reasonable
warning to leave by staff.

HRS 709-903  Offenses Against the Family; Persistent Non-Support?
Defines misdemeanor of  "persistent non-support" as a person who fails
to provide support to a spouse...or other dependent.

HRS 709-906  Offenses Against the Family; Abuse of Family and Household
Members, Penalty? Defines misdemeanor offense of abuse of family and
household members to include abuse of a spouse or persons jointly
resideing or former spouse or persons formerly residing in the house.

HRS 801D-2  Victim's Rights? Defines "Surviving immediate family
members" as..."spouse, ...and any legal guardian of the homicide
victim."

HRS 801D-4  Victim's Rights? Gives right of surviving immediate family
members of a crime to be informed of the proceedings in trial and
custodial care of the offender of the crime.

HRS 803-46  Search Warrants? Prohibits privileged conversation between
spouses from being taped or intercepted unless both parties are named
on the wiretap application order.



Appendix C Reports and Studies Table of Contents