00                            HOUSE BILL NO. 148                                                                          
01 "An Act relating to solemnization of marriage."                                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 25.05.301 is amended to read:                                                                      
04 Sec. 25.05.301. Form of solemnization. In the solemnization of marriage, no                                       
05 particular form is required except that the parties shall assent or declare in the                                      
06 presence of each other and the person solemnizing the marriage [AND IN THE                                              
07 PRESENCE OF AT LEAST TWO COMPETENT WITNESSES] that they take each                                                       
08 other to be husband and wife. The person solemnizing the marriage must be [A                                        
09 COMPETENT WITNESS FOR THIS PURPOSE IS] a person of sound mind capable                                                   
10 of understanding the seriousness of the ceremony. At the time of the ceremony, the                                      
11 person solemnizing the marriage shall complete the certification on the original                                        
12 marriage certificate. The person solemnizing the marriage [AND THE TWO                                                  
13 ATTENDING WITNESSES] shall sign the original marriage certificate and the                                               
14       necessary copies.                                                                                                 
15    * Sec. 2. AS 25.05.321 is amended to read:                                                                         

01 Sec. 25.05.321. Certificates. The person solemnizing the marriage shall, on                                           
02 the forms provided by the bureau, complete two short-form certificates [,] and, after                                   
03 that person has [AND THE TWO WITNESSES HAVE] signed them, give one to                                               
04 each of the parties to the marriage. A church or congregation may design and furnish                                    
05 its own form for this purpose, containing as a minimum the items contained in the                                       
06 form furnished by the bureau. The original marriage certificate shall be filed as                                       
07 required by AS 18.50 (Vital Statistics Act) and regulations adopted under it. The                                       
08 person solemnizing the marriage shall complete the certificate as required and submit                                   
09 it to the local registrar within seven days after [OF] the date the marriage is                                     
10       solemnized.                                                                                                       
11    * Sec. 3. AS 25.05.361 is amended to read:                                                                         
12 Sec. 25.05.361. Unlawful solemnization of marriage. A person who                                                      
13 solemnizes a marriage without first receiving a proper marriage license from the                                        
14 parties as provided in this chapter or without the parties declaring to take each other as                              
15 husband and wife [, OR WITHOUT REQUIRING THE PRESENCE OF TWO                                                            
16 COMPETENT WITNESSES]; or who solemnizes a marriage involving a person                                                   
17 under the legal age of marriage without the consent of (1) the licensing official when                                  
18 authorized, or (2) the parents or guardian of the underaged person, being stated in the                                 
19 license; or who solemnizes a marriage knowing of any legal impediment thereto, or                                       
20 who solemnizes a marriage after the expiration of the license, or who falsely certifies                                 
21 to the date of a marriage solemnized by that person is guilty of a misdemeanor, and                                     
22 upon conviction is punishable by imprisonment for not more than six months, or by a                                     
23       fine of not more than $500, or by both.                                                                           
24    * Sec. 4. AS 25.05.041(a)(3) and 25.05.041(a)(5) are repealed.