Bill Text: HI HB1112 | 2011 | Regular Session | Amended
Bill Title: Marriage; Temporary License to Solemnize
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-03-11 - (S) Referred to JDL. [HB1112 Detail]
Download: Hawaii-2011-HB1112-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1112 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 572-12, Hawaii Revised Statutes, is amended to read as follows:
"§572-12 By whom solemnized. (a)
A license to solemnize marriages may be issued to, and the marriage rite may be
performed and solemnized by any minister, priest, or officer of any religious
denomination or society who has been ordained or is authorized to solemnize
marriages according to the usages of [such] that denomination or
society, or any religious society not having clergy but providing solemnization
in accordance with the rules and customs of that society, or any justice or
judge or magistrate, active or retired, of a state or federal court in the
State, upon presentation to such person or society of a license to marry, as
prescribed by this chapter. [Such] A person or society licensed
to solemnize a marriage may receive the price stipulated by the parties or
the gratification tendered.
(b) A temporary license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual who has the prior written consent of both persons whose marriage the individual will be licensed to solemnize. A person who performs a solemnization of a marriage using a temporary license under this subsection shall fulfill all provisions of section 572-13."
SECTION 2. Act 1, Session Laws of Hawaii 2011, section 2, is amended by amending section -4, relating to solemnization; license to perform; refusal to join persons in a civil union, to read as follows:
"§ -4 Solemnization; license to perform; refusal to join persons in a civil union. (a) A civil union shall become valid only upon completion of a solemnization by a person licensed in accordance with this section.
(b) Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any ordained or licensed member of the clergy may solemnize a civil union. Solemnization may be entirely secular or may be performed according to the forms and usages of any religious denomination in this State. Nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for the failure or refusal.
(c) Nothing in this section shall be construed to require any person authorized to perform solemnizations pursuant to chapter 572 or civil unions pursuant to this chapter to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for the failure or refusal.
(d) No agent may solemnize a civil union; nor may any assistant or deputy of the agent solemnize a civil union.
(e) No person shall perform the solemnization of a civil union without first having obtained a license from the department of health. The department of health shall issue licenses to solemnize civil unions in the same manner as it issues licenses pursuant to chapter 572. The department of health may revoke or suspend a license to solemnize civil unions. Any penalties or fines that may be levied or assessed by the department of health for violation of chapter 572 shall apply equally to a person licensed to solemnize civil unions.
(f) A temporary license to solemnize a civil union may be issued to, and the solemnization may be performed by, any individual who has the prior written consent of both persons whose civil union the individual will be licensed to solemnize. A person who performs a solemnization of a civil union using a temporary license under this subsection shall be responsible for fulfilling all provisions of section -8."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
Marriage; Temporary License to Solemnize
Description:
Authorizes the issuance of a temporary license to solemnize marriages. Effective January 7, 2059. (HB1112 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
