| 47 | | - | 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 twenty thousand 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 applicable to religious and judicial marriage solemnizers. The purpose of this Act is to: (1) Establish a $25 fee for all licenses to solemnize a marriage to be deposited into the vital statistics improvement special fund; (2) Require the department of health to account for the collection and deposit of the fee into the vital statistics improvement special fund; and (3) Repeal certain provisions related to obtaining a license to solemnize civil marriage ceremonies for consistency with the purpose of this measure. SECTION 2. Section 338-14.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The fund shall consist of fees remitted pursuant to section 338-14.5[.] and section 572-11. All realizations of the fund shall be subject to the conditions specified in subsection (b)." SECTION 3. 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. (b) The fee for any license to solemnize a marriage shall be $25 per year. (c) The department shall keep an accounting of all fees collected pursuant to this section and shall deposit all such fees into the vital statistics improvement special fund, pursuant to section 338-14.6." SECTION 4. 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 572‑15 applicable to persons authorized to solemnize marriages." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2050. |
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| 47 | + | 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 twenty thousand 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 applicable to religious and judicial marriage solemnizers. The purpose of this Act is to: (1) Establish a $25 fee for all licenses to solemnize a marriage to be deposited into the vital statistics improvement special fund; (2) Require the department of health to account for the collection and deposit of the fee into the vital statistics improvement special fund; and (3) Repeal certain provisions related to obtaining a license to solemnize civil marriage ceremonies for consistency with the purpose of this measure. SECTION 2. Section 338-14.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The fund shall consist of fees remitted pursuant to section 338-14.5[.] and section 572-11. All realizations of the fund shall be subject to the conditions specified in subsection (b)." SECTION 3. 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. (b) The fee for any license to solemnize a marriage shall be $25 per year. (c) The department shall keep an accounting of all fees collected pursuant to this section and shall deposit all such fees into the vital statistics improvement special fund, pursuant to section 338-14.6." SECTION 4. 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 572‑15 applicable to persons authorized to solemnize marriages." 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. |
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| 48 | 48 | | |
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| 49 | 49 | | 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. |
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| 50 | 50 | | |
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| 51 | 51 | | 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 twenty thousand 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 applicable to religious and judicial marriage solemnizers. |
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| 52 | 52 | | |
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| 53 | 53 | | The purpose of this Act is to: |
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| 54 | 54 | | |
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| 55 | 55 | | (1) Establish a $25 fee for all licenses to solemnize a marriage to be deposited into the vital statistics improvement special fund; |
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| 56 | 56 | | |
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| 57 | 57 | | (2) Require the department of health to account for the collection and deposit of the fee into the vital statistics improvement special fund; and |
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| 58 | 58 | | |
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| 59 | 59 | | (3) Repeal certain provisions related to obtaining a license to solemnize civil marriage ceremonies for consistency with the purpose of this measure. |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 2. Section 338-14.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | "(c) The fund shall consist of fees remitted pursuant to section 338-14.5[.] and section 572-11. All realizations of the fund shall be subject to the conditions specified in subsection (b)." |
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| 64 | 64 | | |
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| 65 | 65 | | SECTION 3. Section 572-11, Hawaii Revised Statutes, is amended to read as follows: |
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| 66 | 66 | | |
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| 67 | 67 | | "§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. |
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| 68 | 68 | | |
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| 69 | 69 | | (b) The fee for any license to solemnize a marriage shall be $25 per year. |
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| 70 | 70 | | |
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| 71 | 71 | | (c) The department shall keep an accounting of all fees collected pursuant to this section and shall deposit all such fees into the vital statistics improvement special fund, pursuant to section 338-14.6." |
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| 72 | 72 | | |
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| 73 | 73 | | SECTION 4. Section 572-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
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| 74 | 74 | | |
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| 75 | 75 | | "(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 572‑15 applicable to persons authorized to solemnize marriages." |
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| 76 | 76 | | |
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| 77 | 77 | | SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 78 | 78 | | |
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