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Subcommittee approves bill letting clerks process officiant applications and waive surety for bond
Summary
HB 905 would let circuit court clerks handle officiant applications and give clerks discretion to waive the surety requirement on the $500 bond to reduce delay and financial barriers; clerks supported the change but members asked for clear waiver criteria.
Delegate Lopez said HB 905 aims to streamline applications for officiants by allowing clerks, rather than judges, to process requests and to permit clerks to waive the surety requirement on the existing $500 bond when appropriate. "Marriage is a fundamental right for all Virginians," Lopez said, arguing the existing judge-only, bond-heavy process creates delays and access barriers.
Circuit court clerks described operational practices and how waiver authority would be used. Greg Parks, Alexandria’s clerk, said he would ask applicants about ability to pay and would waive the surety for those who cannot afford it. Angela Reason of Newport News said the differential treatment of ministers and lay officiants has raised access concerns, and clerks described reporting requirements for unreturned licenses.
Committee members asked for written guidance on waiver criteria; clerks indicated they would apply waiver authority consistent with existing practices on probate sureties. The subcommittee reported HB 905 by a 6–1 vote. Members signaled interest in additional statutory cleanup in later sessions.
