Report Title:

Premarital and Marriage Education; Divorce

Description:

Establishes a premarital and marriage education program in DOH. Allows reduced marriage license fees for couples who participate in premarital counseling. Creates a divorce and after care program in the judiciary.

THE SENATE

S.B. NO.

2649

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to family.

 

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

SECTION 1. The legislature finds that divorce has become so widespread in Hawaii that it now affects everyone. At the beginning of the twentieth century, there were only three divorces for every one thousand marriages in Hawaii. By the 1960's, the divorce rate was nearing 300 in one thousand marriages. Since then, the divorce rate has more than doubled. The legislature finds that there is a need to provide families in the State of Hawaii with resources to help prevent divorce.

The purpose of this Act is to enhance the quality of life for today's families in Hawaii by establishing programs that help guide couples to continue to grow in their relationships or marriage, and to create incentives for couples to undergo counseling during all stages of their relationship.

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

"§572-   Premarital and marriage education program. (a) The department of health shall establish a premarital and marriage education program to provide resources for the promotion of healthy marriages. These resources shall be available in all forms of media including print, audio, video, and web-based. The department of health shall use existing resources or create new resources as deemed necessary. Information on these resources shall be made available wherever marriage licenses are lawfully issued and at each county clerk's office. Other distribution sites may include, but not be limited to, the following: family court, district court, and any other place of business that provides legal or counseling services.

(b) The department of health shall establish a reduced marriage license fee for parties applying for a marriage license and who complete a premarital education program that complies with the following:

(1) Meetings shall be conducted by persons authorized to solemnize marriages under section 572-12, or by persons authorized to practice marriage and family therapy under section 451J-7;

(2) Meetings shall total no less than twelve hours;

(3) Education shall include the use of a standardized premarital or personality inventory, which is a series of questions that are written or computerized evaluated to analyze the parties' relationship;

(4) Instruction shall include communication and conflict management skills; and

(5) The premarital education providers shall include psychiatrists, psychologists, pastors, pastor designees, social workers, and licensed counselors. The course providers shall confirm by a signed and dated statement that the premarital education was administered to the parties.

(c) The department of health shall adopt rules pursuant to chapter 91 as may be necessary to implement this section."

SECTION 3. Chapter 580, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§580-   Divorce and after care program. (a) The judiciary shall establish a divorce and after care program to provide information regarding marriage and family therapy resources available throughout the State. This information shall be distributed as an option to parties attending programs funded through section 607-5.6.

(b) The supreme court shall adopt rules as may be necessary for the implementation and administration of the divorce and after care program."

SECTION 4. Section 572-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license a reduced fee of $20 for those applicants who submit proof of completion of a premarital education program as set forth in section 572-    , or $60[,] for all others, of which the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit [$51] the remainder to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $32, or $7 of the reduced fee for each license issued to the credit of the general fund of the State;

(2) $4.50, or $0.50 of the reduced fee for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3) $4.50, or $0.50 of the reduced fee for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10, or $3 of the reduced fee for each license issued to the credit of the [[]birth defects special fund[]] established under section 321-426.

(b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $41, or $16 of the reduced fee for each license issued to the credit of the general fund of the State;

(2) $4.50, or $0.50 of the reduced fee for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;

(3) $4.50, or $0.50 of the reduced fee for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10, or $3 of the reduced fee for each license issued to the credit of the [[]birth defects special fund[]] established under [[]section[]] 321-426."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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