STAND. COM. REP. NO.  1717

 

Honolulu, Hawaii

                , 2021

 

RE:   S.B. No. 157

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 157 entitled:

 

"A BILL FOR AN ACT RELATING TO LICENSING,"

 

begs leave to report as follows:

 

     The purpose of this measure is to broaden the eligibility for determining who may solemnize marriages by authorizing any individual at least eighteen years of age to solemnize marriage through civil licenses.

 

     Your Committee received testimony in support of this measure from the Department of Health, Rainbow Family 808, LGBT Caucus of the Democratic Party of Hawaii, and two individuals.

 

     Your Committee finds that under existing law, only clergy, religious societies, justices, judges, and magistrates are authorized to solemnize marriages.  However, the right to marry belongs to all citizens, regardless of their moral beliefs or religious creed.  This measure will allow persons without any religious affiliation to perform the marriage rite.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that an individual performs and solemnizes the marriage rite pursuant to a civil license upon the presentation to the individual of a license to marry in accordance with existing law;

 

     (2)  Specifying that individuals with a civil license to solemnize a marriage may receive the price stipulated by the parties or the gratification tendered;

 

     (3)  Specifying that the fee for a civil license to solemnize marriages is $100 per year the permit is valid; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 157, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 157, H.D. 1, and be placed on the calendar for Third Reading.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair