Report Title:

Marriage

Description:

Requires an applicant for a marriage license to provide a certificate of completion of a premarital preparation course. Requires the course instructor to register with the department of health.

HOUSE OF REPRESENTATIVES

H.B. NO.

1377

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Marriage.

 

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

SECTION 1. Chapter 572, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§572- Premarital preparation course; providers. (a) Persons who intend to apply for a marriage license shall complete, together or separately, a premarital preparation course of not less than four hours. Premarital preparation courses may be completed by personal instruction, videotape instruction, instruction by other electronic medium, or a combination of these methods. The cost of the premarital preparation course shall be borne by the individual applicant.

(b) The premarital preparation course instruction may include the following:

(1) Conflict management;

(2) Communication skills;

(3) Financial responsibilities;

(4) Children and parenting responsibilities; and

(5) Data relating to problems reported by married couples who seek marital or individual counseling.

(c) Persons seeking premarital preparation instruction shall choose from the following:

(1) A psychologist licensed under chapter 465;

(2) A clinical social worker licensed under chapter 467E;

(3) A marriage and family therapist licensed under chapter 451J;

(4) An official representative of a religious institution, if the representative has relevant training; or

(5) Any other provider designated by a court of this State or the department of health.

(d) Each premarital preparation course provider shall furnish each participant who completes the course with a certificate of completion specifying the name of the participant and the date of completion and whether the course was conducted by personal instruction, videotape instruction, instruction via other electronic medium, or by a combination of these methods.

(e) Every course provider shall register with the department of health by filing an affidavit in writing attesting to the provider's compliance with the premarital preparation course requirements set forth in this section and including the course provider's name and qualifications, including the license number, if any, or if an official representative of a religious institution, a statement as to relevant training. The affidavit shall also include an address and phone number where the provider may be contacted."

SECTION 2. Section 572-6, Hawaii Revised Statutes, is amended to read as follows:

"§572-6 Application; license; limitations. (a) To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by [a]:

(1) A statement signed and sworn to by each of the persons, setting forth: the person's full name, date of birth, social security number, residence; their relationship, if any; the full names of parents; and that all prior marriages, if any, have been dissolved by death or dissolution. If all prior marriages have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information[.]; and

(2) A valid certificate of completion of a premarital preparation course from the course provider, as provided in section 572- , as to each applicant.

(b) The agent shall [indorse] endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license [which] that shall bear on its face the date of issuance.

(c) Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.

(d) It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in such manner and on such form as the department may prescribe."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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