CSHB 20(JUD): "An Act relating to marriage solemnization; and authorizing elected public officials in the state to solemnize marriages."

00                       CS FOR HOUSE BILL NO. 20(JUD)                                                                     
01 "An Act relating to marriage solemnization; and authorizing elected public officials in                                 
02 the state to solemnize marriages."                                                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 25.05.261(a) is amended to read:                                                                   
05            (a)  Marriages may be solemnized                                                                             
06 (1)  by a minister, priest, or rabbi of any church or congregation in the                                               
07 state, or by a commissioned officer of the Salvation Army, or by the principal officer                                  
08 or elder of recognized churches or congregations that traditionally do not have regular                                 
09       ministers, priests, or rabbis, anywhere within the state;                                                         
10                 (2)  by a marriage commissioner or judicial officer of the state                                        
11       anywhere within the jurisdiction of the commissioner or officer; [OR]                                             
12                 (3)  before or in any religious organization or congregation according to                               
13       the established ritual or form commonly practiced in the organization or congregation;                        
14       or                                                                                                            
01                 (4)  by an individual holding an elective public office in the state.                             
02    * Sec. 2. AS 25.05.261 is amended by adding a new subsection to read:                                              
03            (c)  Nothing in this section creates or implies a duty or obligation on a person                             
04       authorized to solemnize a marriage under (a)(1), (3), or (4) of this section to solemnize                         
05       any marriage.                                                                                                     
06    * Sec. 3. AS 25.05.281 is amended to read:                                                                         
07 Sec. 25.05.281. Marriage solemnized by unauthorized person. After a                                                   
08 license has been obtained, a marriage solemnized before a person professing to be a                                     
09 person authorized to solemnize marriages in the state under AS 25.05.261(a)                                         
10 [MINISTER, PRIEST, OR RABBI OF A CHURCH OR CONGREGATION IN THE                                                          
11 STATE OR A JUDICIAL OFFICER OR MARRIAGE COMMISSIONER] is valid                                                          
12 regardless of a lack of power or authority in the person, if the marriage is                                            
13 consummated with a belief on the part of the persons so married, or either of them,                                     
14       that they have been lawfully joined in marriage.