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|