STAND. COM. REP. NO. 3719

Honolulu, Hawaii

RE: H.B. No. 2435

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2435, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LICENSING,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the Director of Health to permit synchronous online access to apply for marriage and civil union licenses in lieu of in-person applications, as specified in rules adopted by the Department of Health pursuant to chapter 91, Hawaii Revised Statutes.

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

Your Committee finds that an emergency order during the coronavirus disease 2019 pandemic allowed the Department of Health to authorize the issuance of licenses to marry via online access, exempting individuals from the normal statutory requirement of an in-person appointment. Your Committee believes that with the cessation of the emergency order, and a rebounding economy statewide, there is a need to ensure the Department of Health can process applications for licenses to marry in a timely manner. This measure will improve operational efficiency within the Department of Health while ensuring timely access to services.

Your Committee has amended this measure by:

(1) Clarifying that persons applying for a license to marry are required to appear:

(A) In-person or by synchronous online access before an employee of the Department of Health authorized to issue licenses; or

(B) In-person before an agent authorized to grant marriage licenses and are required to file with the agent an application in writing, or remotely by synchronous online access before an agent and as authorized by the Department of Health in rules adopted pursuant to chapter 91, Hawaii Revised Statutes;

(2) Inserting an effective date of April 14, 2112, to encourage further discussion; and

(3) 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2435, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2435, H.D. 1, S.D. 2.

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

________________________________

KARL RHOADS, Chair