Bill description: HB 434 eliminates marriage licenses in Idaho; county recorders, however, would continue to record marriage certificates.

Rating: +2

Does it transfer a function of the private sector to the government? Examples include government ownership or control of any providers of goods or services such as the Land Board’s purchase of a self-storage facility, mandatory emissions testing, or pre-kindergarten. Conversely, does it eliminate a function of government or return a function of government to the private sector?

HB 434 eliminates marriage licenses in Idaho but retains marriage solemnization and the recording of marriage certificates with the county recorder. Recording marriage certificates ensures that property rights, custody laws, and other matters related to or contingent on marriage will not be disrupted or compromised.

HB 434 repeals 11 sections of Idaho code that involve government in the process, solemnization, and licensure of marriage.

(+1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

HB 434 repeals Section 32-406, Idaho Code, which criminalizes, as a misdemeanor, the solemnization of a marriage between parties without a marriage license.

(+1)