§572-5 - Marriage license; agent to grant; fee.

§572-5 Marriage license; agent to grant;
fee. (a) The department of health shall appoint, and at its pleasure
remove, one or more suitable persons as agents authorized to grant marriage
licenses under this chapter in each judicial circuit. The agents may issue
licenses from any state facility when deemed necessary by the director. Any
agent appointed under this subsection and receiving an application for a
marriage license shall collect from the applicant for the license $60, of which
the agent, except those provided for in subsection (b), shall retain $9 for the
agent's benefit and compensation and shall remit $51 to the director of
health. Upon the receipt of remittances under this subsection, the director of
health shall deposit:

(1) $32 for each license issued to the credit of the
general fund of the State;

(2) $4.50 for each license issued to the credit of
the spouse and child abuse special account established under section 346-7.5;

(3) $4.50 for each license issued to the credit of
the spouse and child abuse special account established under section 601-3.6;
and

(4) $10 for each license issued to the credit of the
birth defects special fund established under section 321-426.

(b) The department may appoint, as regular
employees under the civil service and classification laws, the number of
suitable persons as agents authorized to grant marriage licenses for whom
provision has been made in the general appropriation act. In the case of these
agents, the full amount collected from applicants shall be remitted to the
director of health. Upon the receipt of remittances under this subsection, the
director of health shall deposit:

(1) $41 for each license issued to the credit of the
general fund of the State;

(2) $4.50 for each license issued to the credit of
the spouse and child abuse special account established under section 346-7.5;

(3) $4.50 for each license issued to the credit of
the spouse and child abuse special account established under section 601-3.6;
and

(4) $10 for each license issued to the credit of the
birth defects special fund established under section 321-426.

(d) The department or its authorized agents
shall furnish to each applicant for a marriage license a brochure explaining
rubella, the risks of infection with rubella during pregnancy, and how to seek
testing and immunization. The department or its authorized agents shall also
furnish to each applicant for a marriage license information, to be provided by
the department, relating to population stabilization, family planning, birth
control, fetal alcohol and drug syndromes, and acquired immune deficiency
syndrome (AIDS), including the availability of anonymous testing for human
immunodeficiency virus (HIV) infection at alternate test sites; provided that
such information is available.

(e) In addition to the fee prescribed under
subsection (a), the agent, except those provided for in subsection (b), shall
collect from the applicant for the license a surcharge of $5, of which the
agent shall retain the full amount for the agent's additional benefit and
compensation. [PC 1869, c 55, §14; am L 1905, c 11, §1; am L 1917, c 189, §1;
am L 1921, c 121, §1; RL 1925, §2946; am L 1929, c 104, §2; am L 1932 2d, c 34,
§1; RL 1935, §4634; am L 1937, c 122, §7; RL 1945, §12355; am L 1947, c 21, §1;
am L 1953, c 87, §1; am L 1955, c 149, §1; RL 1955, §323-5; am L Sp 1959 2d, c
1, §§14, 19; am L 1963, c 114, §1; HRS §572-5; am L 1969, c 33, §1; am L 1971,
c 89, §1; am L 1976, c 138, §1; am L 1977, c 24, §1; gen ch 1985; am L 1987, c
98, §1; am L 1989, c 364, §1; am L 1994, c 232, §6; am L 1995, c 153, §2; am L
1998, c 311, §8; am L 2002, c 252, §3; am L 2005, c 223, §4]

Cross References

Modification of fees, see §92-28.

Case Notes

Cited: 74 H. 530, 852 P.2d 44.