SB 439

This bill makes various changes to the requirements relating to marriage

licenses. Under the bill, an applicant for a marriage license is required to present

a birth record, a driver's license, or other comparable evidence for the purposes of

proof of identification and date of birth. Current law requires that an applicant

exhibit a certified copy of a birth record, but if a birth record is unobtainable, allows

the applicant to present other “satisfactory documentary proof of the requisite facts”

in lieu of the birth record. The bill maintains the provision existing under current

law that if the clerk is not satisfied with the documentary proof presented, the clerk

is required to submit the proof to a judge of a court of record in the county of

application for an opinion as to its sufficiency.

Current law also includes a requirement that the marriage license application

contain the social security number for each party who has a social security number.

This bill maintains that requirement, but specifies that the clerk is prohibited from

requiring an applicant to present his or her social security card issued by the federal

Social Security Administration.

This bill eliminates current law residency requirements and allows parties,

resident or nonresident, to obtain a marriage license in any county of the state. The

bill also reduces the waiting period for a marriage license from five days to three

days. The county clerk retains discretion as under current law to waive the

minimum waiting period and charge a fee of up to $25 to cover any additional

processing cost incurred by the county for expediting the license. This bill extends

the period for which a marriage license is valid from 30 days to 60 days. Finally, this

bill creates an exception to the requirement that two competent adult witnesses

other than the officiating person be present for the solemnization of marriage to be

valid. Under the bill, if one of the parties is in the active military service of the United

States, the presence of only one competent adult witness other than the officiating

person is required.