STAND. COM. REP. NO. 2070

Honolulu, Hawaii

RE: S.B. No. 3114

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 3114 entitled:

"A BILL FOR AN ACT RELATING TO MARRIAGE LICENSES,"

begs leave to report as follows:

The purpose and intent of this measure is to repeal fees related to obtaining a license to solemnize civil marriage ceremonies to assure equity among religious, judicial, and civil performers.

Your Committee received testimony in support of this measure from the Department of Health.

Your Committee finds that prior to the enactment of Act 211, Session Laws of Hawaii 2021 (Act 211), which authorizes the issuance of civil licenses to solemnize marriages, only individuals with religious affiliations or judicial appointments could obtain a license to solemnize marriages. Act 211 authorizes non-religious and non-judicial performers to solemnize marriages; however, it imposes a fee for civil licenses where none for religious and judicial licenses exists. Such a discrepancy could expose the State to liability for claims that the State is discriminating on the basis of religion. This measure creates equity among religious, judicial, and civil performers of marriage solemnization by eliminating the fee for civil licenses.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3114, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3114, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health,

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JARRETT KEOHOKALOLE, Chair