The state expects to have an online system ready by Nov. 30 to process applications for civil unions, and to have documents available to couples planning solemnization ceremonies when the civil unions law takes effect Jan. 1.
But couples already in a reciprocal beneficiary relationship in Hawaii might face some hurdles shifting to a civil union and are unlikely to receive the required paperwork by Jan. 1.
Because of procedures set in the new law, those couples also face a time period in which they are covered neither by a reciprocal beneficiary relationship nor a civil union, which could put benefits such as insurance coverage at risk.
The so-called "gap period" was among the primary concerns raised Tuesday at the first meeting of a task force convened by the Legislature to study implementation of the statute, which was the first bill signed into law by Gov. Neil Abercrombie.
"There certainly are a lot of administrative and technical issues to work out," said Alan Spector, co-chairman of Equality Hawaii and a member of the task force. "But what I feel confident about today is that it’s pretty obvious that the administration hears the concerns we have and is really vested in having civil unions get implemented smoothly.
"Fortunately, we still have a few months left to plan."
Act 1 of 2011 allows all couples regardless of gender to enter into a civil union, gaining a legal status with all the rights, benefits, protections and responsibilities of traditional marriage.
The Department of Health has been working to ensure the state can begin processing civil unions as scheduled at the start of 2012, Dr. Alvin Onaka, state Registrar of Vital Statistics, told the task force.
Onaka said an online processing system for civil union applicants and officiants is being tested and is expected to go online by Nov. 30, allowing couples to get paperwork in order and receive a license that takes effect Jan. 1, a Sunday. The system, which eventually will be extended to handle marriage licenses, will help relieve a backlog of applications and streamline the process.
"Unfortunately, for those people already in a reciprocal beneficiary relationship, our current Act 1 doesn’t adequately address the transition between reciprocal beneficiaries and civil unions," said Rep. Blake Oshiro (D, Aiea-Halawa). "It’s very likely that we’ll need to continue to work on something to shorten the gap and make the transition smooth."
The gap would occur because reciprocal beneficiaries must dissolve that relationship before entering into a civil union. This requires sending a notarized letter to the Department of Health, which acknowledges receipt and sends notice to the applicant of the dissolution, a process that typically can take weeks.
A task force plans to study ways to streamline the process to reduce the gap period.