HOUSE BILL REPORT

HB 490

BYRepresentatives Appelwick, Dellwo and P. King 

Authorizing superior court commissioners to solemnize marriages.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (11)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Locke, Moyer, Niemi, Scott and Wineberry.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Lewis, Padden and Patrick.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 13, 1987

BACKGROUND:

A state statute authorizes members of the clergy and judges of any court in this state to solemnize marriages.

No particular form of solemnization is required, but the parties must declare their intent to be married in the presence of the judge or clergy member and at least two witnesses.  The person who solemnizes the marriage must file a certificate with the county auditor within thirty days after the marriage.  Failure to file the certificate is a misdemeanor.

The State Constitution authorizes superior court judges to appoint court commissioners.  Up to three commissioners may be appointed in each county.  The State Constitution empowers commissioners "to perform like duties as a judge of the superior court at chambers".

SUMMARY:

SUBSTITUTE BILL:  Superior court commissioners are authorized to solemnize marriages.  No judge or commissioner may receive pay for solemnizing a marriage in court facilities during normal court house.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill adds the prohibitions on payment for marriage solemnization.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     None Presented.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill will make more persons available to solemnize marriages.

House Committee - Testimony Against: None Presented.