HOUSE OF REPRESENTATIVES                     H.B. NO. 
EIGHTEENTH LEGISLATURE,1996
STATE OF HAWAII


A  BILL  FOR  AN  ACT


RELATING TO DOMESTIC PARTNERSHIPS.



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

	
	SECTION 1.  The Hawaii Revised Statutes is amended by adding a new
chapter to be appropriately designated and to read as follows:
	
"CHAPTER

DOMESTIC PARTNERSHIPS
	¤   -1  Purpose.  The purpose of this chapter is to create a way to
recognize committed relationships of people and the right to identify
the partners with whom they share their lives as members of each
other's immediate family.
	
	¤   -2  Findings.  Domestic partners live together in the context
of a committed family relationship.  However, they are often denied
public and private-sector benefits, because they cannot provide state
certified proof of their relationship. The State of Hawaii finds that
domestic partners comprise a percentage of households within this
jurisdiction that is notinsignificant.  Domestic partners are often
subject to marital status discrimination in employment, housing, and
public accommodations.  The enactment of this registration section is a
means of attempting to eliminate this discrimination.
	
	¤   -3  Definitions.  For the purposes of this chapter: "Basic living
expenses" means basic food and shelter.  It includes any other cost,
such as medical care, if some or all of the cost is paid as a benefit
to one or both partners because they have registered as domestic
partners under this section. "Declaration of domestic partnership"
means a statement in a form issued by the director that declares the
intent of two people to enter into a valid domestic partnership
contract.  By signing it, two people swear under penalty of perjury
that they meet the requirements for a valid domestic partnership
contract. "Director" means the director of health. "Domestic partners"
means two adults who are parties to a valid domestic partnership
contract and meet the requisites for a valid domestic partnership
contract as defined in section    -4. "Joint responsibility" means that
each partner agrees to provide for the other's basic living expenses
while the domestic partnership is in effect if the partner is unable to
provide for himself or herself.  It does not mean that the partners
need contribute equally or jointly to basic living expenses.  Anyone to
whom these expenses are owed can enforce the responsibility established
by this chapter. "Live together" means that two people share the same
place to live.  It is not necessary that the legal right to possess the
place be in both of their names.  Two people may live together even if
one or both have additional places to live.  Domestic partners do not
cease to live together if one leaves the shared place but intends to
return.
	
	¤   -4  Requisites of a valid domestic partnership contract.  In
order to make a valid domestic partnership contract it shall be
necessary that the parties shall: (1)Live together; (2)Consider
themselves to be members of each other's immediate family; (3)Agree to
be jointly responsible for each other's basic living expenses;
(4)Neither be married nor a member of another domestic partnership;
(5)Not be related by blood in a way that would prevent them from being
married to each other under chapter 572; (6)Each be at least eighteen
years old; (7)Each shall be competent to enter into a contract;  and
(8)Each sign a declaration of domestic partnership as provided for in
section    -5.
	
	¤   -5  Establishing a domestic partnership.  Two persons, who meet
the criteria set out in section    -4, may establish a domestic
partnership by presenting a signed notarized declaration of domestic
partnership to the director, who shall file it and give the partners a
certificate of domestic partnership showing that the declaration was
filed in the names of the parties who shall be known as "domestic
partners".
	
	¤   -6  Rights and obligations.  Upon the issuance of a certificate
of domestic partnership by the director, the parties named in the
certificate shall have the same rights and obligations under the law
that are conferred on spouses in a marriage relationship under Chapter
572.  A "domestic partner" shall be included in any definition or use
of the terms "spouse", "family", "immediate family", or "dependent" as
those terms are used throughout the law.
	
	¤   -7  Dissolution of domestic partnerships.  The family court shall
have jurisdiction over the dissolution of domestic partnerships.  The
dissolution of domestic partnerships shall follow the same procedures
and be subject to the same substantive rights and obligations that are
involved in the dissolution of marriage under chapter 572.
	
	¤   -8  Records and Fees.  The director shall keep a record of all
declarations.   The director shall set the amount of thefiling fee for
declarations, but in no case shall the fee be higher than the fee for a
marriage license.  The fees charged shall cover the State's costs of
administering this section.
	
	¤   -9  Preemption.  This chapter shall supersede any state law, or
political subdivision ordinance to the contrary.
	
	¤   -10  Private solemnization not required. Nothing in this chapter
shall be construed to require any religious organization to solemnize a
domestic partnership that does not recognize a domestic partner
relationship within their ideology; provided that any rights and
obligations of domestic partners are not obstructed or violated."
	
	SECTION 2.  Section 368-1, Hawaii Revised Statutes, is amended to
read as follows: "¤368-1  Purpose and intent.  The legislature finds
and declares that the practice of discrimination because of race,
color, religion, age, sex, sexual orientation, marital status,
including domestic partnership, national origin, ancestry, or
disability in employment, housing, public accommodations, or access to
services receiving state financial assistance is against public policy.
 It is the purpose of this chapter to provide a mechanism which
provides for a uniform procedure for the enforcement of the State's
discrimination laws.  It is the legislature's intent to preserve all
existing rights and remedies under such laws."
	
	SECTION 3. If any provision of this Act, or the applicationthereof
to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the Act which can be given
effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
	
	SECTION 4.  This Act does not affect rights and duties that matured,
penalties that were incurred, and proceedings that were begun, before
its effective date.
	
	SECTION 5.  This Act shall take effect upon its approval.

                          INTRODUCED BY:________________________

	Appendix D-2A	Reports and Studies	Table of Contents