HOUSE OF REPRESENTATIVES

H.B. NO.

1072

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LICENSES TO SOLEMNIZE MARRIAGES.

 

 

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

 


SECTION 1. The legislature finds that Act 211, Session Laws of Hawaii 2021, authorized the issuance of a civil license to solemnize marriages. Prior to enactment, only individuals with religious affiliations or judicial appointments could obtain a license to solemnize marriages.

Act 211, Session Laws of Hawaii 2021, also established fees for a civil license to solemnize marriages, the intent of which was to enhance general revenues from approximately 20,000 marriages per year, two-thirds of which are for out-of-state and international couples. However, there are no fees for licenses to solemnize marriages for the religious and judicial marriage solemnizers.

The purpose of this Act is to repeal wording related to fees to assure equity among religious, judicial, and civil performers.

SECTION 2. Section 572-11, Hawaii Revised Statutes, is amended to read as follows:

"572-11 Marriage ceremony; license to solemnize[.]; fees. (a) It shall not be lawful for any person to perform the marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. Any license to solemnize marriages shall be valid for one year from the date of issuance.

(b) The fee for any license to solemnize marriages shall be $100 per year. All fees received for the issuance of licenses to solemnize marriages shall be remitted to the director of health. Upon receipt of remittances under this section, the director shall deposit:

(1) Seventy-five dollars to the vital statistics improvement special fund established under section 338-14.6; and

(2) Twenty-five dollars to the general fund."

SECTION 3. Section 572-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. [The civil license shall be valid for no less than two years from the date of its issuance; provided that a temporary three-month civil license may be issued upon an individual's request. The fee for a civil license shall be $100 per year the permit is valid; provided that the fee for a temporary three-month license shall be $25.] An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 57215 applicable to persons authorized to solemnize marriages."

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

SECTION 5. This Act, upon its approval, shall take effect on July 1, 2023.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST



 

Report Title:

Licenses to Solemnize Marriages; Fees

 

Description:

Establishes a uniform fee for licenses to solemnize marriages.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.