Date: Thu, 30 Jan 1997 11:34:20 -1000 From: lambda@aloha.net (Martin Rice) Subject: HAWAI`I SENATE BILL 98 Aloha awakea kakou. CLIPPERS & FORWARDERS: Reminder, please do not reformat text or headers of the bills as Hawai`i residents may need to take a hard copy for testimonial purposes. Mahalo. THE SENATE S.B. NO. 98 NINETEENTH LEGISLATURE 1997 STATE OF HAWAI`I A BILL FOR AN ACT RELATING TO ECONOMIC BENEFITS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI`I: 1 SECTION 1. The Hawai`i Revised Statutes is amended by adding 2 a new chapter to be appropriately designated and to read as 3 follows: 4 "CHAPTER _____ 5 SHARED NECESSITIES OF LIFE 6
-1 Definitions. For the purposes of this chapter: 7 "Basic living expenses" means basic food and shelter. It 8 also means any other cost, such as medical care, if some or all 9 of the cost is paid as a benefit because a person is named in an lO affidavit of shared necessities of life. 11 "Have a common residence" means that two people share the l2 same place to live. It is not necessary that the legal right to l3 possess the place be in both of their names. Two people may live l4 together even if one or both have additional places to live. Two 15 people do not cease to have a common residence if one leaves the l6 common residence but intends to return. 17 "Joint responsibility" means that each person named in the 18 affidavit agrees to provide for the other's basic living expenses Page 2 S.B. NO. 98 1 if one is unable to provide for oneself. Anyone to whom these 2 expenses are owed may enforce this responsibility. 3
-2 Affidavit of shared necessities of life. (a) Two 4 peopie who: 5 (1) Are at least eighteen years old; 6 (2) Are not married; 7 (3) Have a common residence with another individual; 8 (4) Share basic living expenses; and 9 (5) Assume joint responsibility for each other; lO may make a declaration in the form of an affidavit of shared 11 necessities of life in order to obtain certain economic benefits l2 that would not otherwise be extended. The affidavit must be l3 signed by each person and the signatures must be notarized. The l4 affidavit may also identify any dependents living in the common 15 residence. 16 (b) The affidavit may take the following form: 17 "AFFIDAVIT OF SHARED NECESSITIES OF LIFE 18 (Name of first party) and (name of second party) being first l9 duly sworn on oath and in accordance with section____-2, Hawai`i 2O Revised Statutes, state that the two of us have a common 21 residence which is located at (address of common residence) and 22 share the basic costs of living. We agree to assume the joint 23 responsibility of each other as that term is defined in section Page 3 S.B. NO. 98 1 ____-1, Hawai`i Revised Statutes, as well as for the dependent 2 child (name of child) of (name of the party/parent) who lives in 3 the common residence with the parties. 4 5 6 _____________________________ ________________________________ 7 (Signature of first party) (Signature of second party) 8 9 10 ____________________________ ________________________________ 11 Address Address 12 13 14 ____________________________ ________________________________ 15 (Social security number) (Social security number) 16 17 18 ____________________________ 19 Notary public witness 20 and signature."" 21 22 SECTION 2. Section 87~l, Hawai`i Revised Statutes, is Z3 amended as follows; 24 1. By inserting a definition for "children" to read: 25 "(2.5) "Children" includes children named in an affidavit of 26 shared necessities at life under chapter ____;" 27 2. By amending the definition of "dependent-beneficiary" to 28 read: 29 "(4) "Dependent-beneficiary" means an employee- 30 beneficiary's spouse and any unmarried child, including an 31 adopted child, stepchild, foster child, or recognized natural 32 child who lives with the employee-beneficiary, deemed eligible by Page 4 S.B. NO. 98 1 the board to receive health or dental services of a health 2 benefits plan[;]. It also includes an adult or child of that 3 adult named in an affidavit of shared necessities of life, under 4 chapter_____; 5 3. By amending the definition of "employee-beneficiary" to 6 read: 7 "(6) "Employee~beneficiary" means an employee, the 8 beneficiary of an employee who is killed in the performance of 9 the employee's duty, an employee who retired prior to the lO establishment of the fund, or the beneficiary of a retired member 1l of the employees' retirement system, a county pension system, or 12 a police, firefighters, or bandsmen pension system of the State l3 or county, upon the death of the retired member and, which l4 beneficiary, if a child, does not marry, or if a surviving l5 spouse, does not remarry; provided that for the purposes of this l6 paragraph, "family member" means [the]: 17 (1) The deceased retired member's or employee's spouse and 18 unmarried child under the age of nineteen years 19 (including a legally adopted child and a stepchild or 20 recognized natural child who lives with the deceased 21 retired member or employee in a regular parent-child 22 relationship) [, or unmarried]; Page 5 S.B. NO. 98 1 (2) Unmarried child regardless of age who is incapable of 2 self-support because of a mental or physical Incapacity 3 which existed prior to the unmarried child's reaching 4 the age of nineteen years; or 5 (3) Named individual or child in an affidavit of shared 6 necessities of life under chapter ____; 7 and provided further that the employee, the employee's 8 beneficiary, or the beneficiary of the deceased retired member is 9 deemed eligible by the board to receive health or dental services lO of a health benefits plan or a long-term care benefits plan;" 11 SECTION 3. Section 87-4, Hawai`i Revised Statutes, is l2 amended by amending subsection (b) to read as follows: 13 "(b) The State through the department of budget and finance l4 and the several counties through their respective departments of 15 finance shall pay to the fund a monthly contribution equal to the l6 amount established under chapter 89c or specified in the l7 applicable public sector collective bargaining agreement, 18 whichever is appropriate, for each child or child named in an l9 affidavit of shared necessities of life under chapter____, who ZO has not attained the age of nineteen of all employee- 2l beneficiaries who are enrolled for dental benefits. The 22 contributions shall be used towards the payment of costs of 23 dental benefits of a health benefits plan. Notwithstanding any Page 6 S.B. NO. 98 1 provisions to the contrary, no part of the fund shall be used to 2 finance the contributions except a rate credit or reimbursement 3 or earnings or interest therefrom received by the fund or general 4 revenues appropriated for that purpose." 5 SECTION 4. Section 88-286, Hawai`i Revised Statutes, is 6 amended to read as follows; 7 "
88-286 Death benefit. (a) The surviving spouse and 8 dependent child or children of a member or person or child named 9 in an affidavit of shared necessities of life under chapter___, lO executed by the number and in effect at the time of the member's i1 death shall be eligible for a death benefit if the member suffers l2 either an accidental death or an ordinary death while in service l3 after accumulating ten years of credited service. 14 (b) In the case of ordinary death, the death benefit shall 15 be as follows: 16 (1) For the surviving spouse[,] or person named in an 17 affidavit of shared necessities of life under chapter i8 ____, an allowance equal to one-half of the member's 19 accrued normal retirement allowance unreduced for age, 20 payable to the surviving spouse until marriage, 21 remarriage[;], or named in a new affidavit of shared 22 necessities of life under chapter____; or if the member 23 was eligible for retirement at the time of the member's Page 7 S.B. NO. 98 1 death in service, and death occurred after June 30, 2 1990, the surviving spouse or person named in an 3 affidavit of shared necessities of life under chapter 4 ___; may elect the allowance that would have been 5 payable if the member had retired the day prior to 6 death and had elected to receive a retirement al1owance 7 under option B and computed on the basis of section 8 88-283; 9 (2) If there is a surviving spouse[,] or person named in an 10 affidavit of shared necessities of life under chapter 11 ___, each dependent child or child named in an 12 affidavit of shared necessities of 1ife under chapter 13 ___, under age eighteen shall receive an allowance 14 equal to ten per cent of the member's accrued normal 15 retirement allowance unreduced for age, payable to each 16 dependent child or child named in an affidavit of 17 shared necessities of life under chapter___ until the 18 dependent child or child named in an affidavit of 19 shared necessities of life under chapter___ attains 20 age eighteen; provided that the aggregate death 21 benefits for all the dependent children or children 22 named in an attidavit of shared necessities of life 23 under chapter___ shall not exceed twenty per cent of Page 8 S.B. NO. 98 1 the member's accrued normal retirement allowance 2 unreduced for age; and 3 (3) If there is no surviving spouse[,] and no surviving 4 adult person named in an affidavit of shared 5 necessities of life under chapter____, each dependent 6 child or child named in an affidavit of shared 7 necessities of life under chapter____ under age 8 eighteen shall receive an allowance equal to twenty per 9 cent of the member's accrued normal retirement 10 allowance unreduced for age, payable to each dependent 11 child or child named in an affidavit of shared 12 necessities of life under chapter____ until the 13 dependent child or child named in an affidavit of 14 shared necessities of life under chapter____ attains 15 age eighteen; provided that the aggregate death 16 benefits for all the dependent children or children 17 named in an affidavit of shared necessities of life 18 under chapter____ shall not exceed forty per cent of 19 the member's accrued normal retirement allowance 20 unreduced for age. 21 For the purpose of determining eligibility for ordinary 22 death benefit, a year-round school employee shall be considered 23 in service during the July and August preceding a transfer to a Page 9 S.B. NO. 98 1 traditional school schedule if the employee was in service for 2 the entire prior school year and has a contract for the upcoming 3 traditional school year. 4 (c) In the case of accidental death, the death benefit 5 shall be as follows: 6 (1) For the surviving spouser[,] or person named in an 7 affidavit of shared necessities of life under chapter 8 ____, the amount of the death benefit shall be thirty 9 per cent of the member's average final compensation, 10 payable until remarriage[;] or named in an affidavit of 11 shared necessities of life under chapter____; 12 (2) If there is a surviving spouse[,] or person named in an 13 affidavit of shared necessities of life under chapter 14 ____, each dependent child or child named in an 15 affidavit of shared necessities of life under chapter 16 ____ under eighteen shall receive an allowance equal to 17 the greater of: 18 (A) Ten per cent of the member's accrued normal 19 retirement allowance, unreduced for age; provided 20 that the aggregate death benefits for all the 21 dependent children or children named in an 22 affidavit of shared necessities of life under 23 chapter____ shall not exceed twenty per cent of Page 10 S.B. NO. 98 1 the member's accrued normal retirement allowance 2 unreduced for age; or 3 (B) Three per cent of the member's average final 4 compensation; provided that the aggregate death 5 benefits for all the dependent children or 6 children named in an affidavit of shared 7 necessities of life under chanter____ shall not S exceed six per cent of the member's average final 9 compensation, 10 The death benefit under this paragraph shall be payable 11 to each dependent child or child named in an affidavit 12 of shared necessities of life under chapter____ until 13 the dependent child or child named in an affidavit of 14 shared necessities of life under chapter____ attains 15 age eighteen; and 16 (3) If there is no surviving spouse[,] or no surviving 17 adult person named in an affidavit of shared 18 necessities of life under chapter____, each dependent 19 child or child named in an affidavit of shared 20 necessities of life under chapter____ under eighteen 21 shall receive an allowance equal to the greater of 22 (A) Twenty per cent of the member's accrued normal 23 retirement allowance, unreduced for age; provided Page 11 S.B. NO. 98 1 that the aggregate death benefits for all the 2 dependent children or children named in an 3 affidavit of shared necessities of life under 4 chapter____ shall not exceed forty per cent of the 5 member's accrued normal retirement allowance 6 unreduced for age; or 7 (B) Six per cent of the member's average final 8 compensation; provided that the aggregate death 9 benefits for all the dependent children or 10 children named in an affidavit of shared 11 necessities of life under chapter____ shall not 12 exceed twelve per cent of the member's average 13 final compensation. 14 The death benefit under this paragraph shall be payable 15 to each dependent child or child named in an affidavit 16 of shared necessities of life under chapter____ until 17 the dependent child or child named in an affidavit of 18 shared necessities of life under chapter____ attains 19 age eighteen." 20 SECTION 5. Section 235-93, Hawai`i Revised Statutes, is 21 amended to read as follows: 22 "
235-93 Joint returns. A husband and wift, having that 23 status for purposes of the Internal Revenue Code and entitled to Page 12 S.B. NO. 98 1 make a joint federal return for the taxable year, may make a 2 single return jointly of taxes under this chapter for the taxable 3 year. For purposes of this section, two people who are the named 4 parties of the same affidavit of shared necessities of life under 5 chapter____, shall be entitled to make a single return jointly, 6 or to file separate returns, as the case may be. In that case 7 the tax shall be computed on their aggregate income as provided 8 in section 235-52, and the liability with respect to the tax 9 shali be joint and several. For purposes of this chapter 10 "aggregate income" means the income of both [spouses] taxpayers li without regard to source in the State. 12 If an individual has filed a separate return for a taxable l3 year for which a joint return could have been made by the 14 [taxpayer and the taxpayer's spouse,] taxpayers, an election 15 thereafter to make a joint return for the taxable year shall be l6 made only upon compliance with rules of the department of 17 taxation, which may limit the election and prescribe the terms I8 and provisions applicable in such cases as nearly as may be in l9 conformity with the Internal Revenue Code." 20 SECTION 6. Section 663-1, Hawai`i Revised Statutes, is 2lamended to read as follows: 22 "5663-1 Torts, who may sue and for what. Except as Z3 otherwise provided, all persons residing or being in the State Page 13 S.B. NO. 98 1 shall be personally responsible in damages, for trespass or 2 injury, whether direct or consequential, to the person or 3 property of others, or to their spouses, children under majority, 4 [or] wards, or individuals and children named in an affidavit of 5 shared necessities of life under chapter____ by such offending 6 party, or the offending party's child under majority, the 7 offending Individual or child under majority named in an 8 affidavit of shared necessities of life under chapter____, or by 9 the offending party's command, or by the otfending party's lO animals, domestic or wild; and the party aggrieved may prosecute l1 therefor in the proper courts." 12 SECTION 7. Statutory material to be repealed is bracketed. l3 New statutory material is underscored. 14 SECTION 8. This Act shall take effect upon its approval; 15 provided that section 5 shall apply to taxable years beginning l6 after December 31, 1997. 17 18 INTRODUCED BY: SB98 ~~pau~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "I think there is a world market for maybe five computers." --Thomas Watson, chairman of IBM, 1943 ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~