Marriage solemnization requirements and marriage document requirements, issuance, and validity. (FE)

Under the bill, the county clerk has discretion to determine whether a document is unobtainable. With regard to birth records, the bill provides that if an applicant presents certain documentation specified in the bill in lieu of the required birth record, such as a passport or permanent resident card, the county clerk is required to consider that documentation satisfactory documentary proof for purposes of a license.

Under current law, if a county clerk is not satisfied with the documentation presented, the clerk is required to submit the presented documentation to a judge in the county of application for an opinion as to its sufficiency. The bill modifies this procedure, requiring that if a county clerk is not satisfied with the documentation presented, he or she must notify the applicant of the right to request review by a judge and then, if the applicant requests such review, submit the documentation to a judge as under current law.

The bill also eliminates current law residency requirements and allows parties, resident or nonresident, to obtain a marriage license in any county of the state;

extends the period for which a marriage license is valid from 30 days to 60 days; and 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.

Under current law, for a marriage ceremony in which both parties are nonresidents of the state, the ceremony is required to be performed in the county in which the marriage license is issued. The bill eliminates that requirement and allows both residents and nonresidents to marry in a ceremony in any county in the state. The bill also 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. Finally, the bill modifies the requirements for return of the marriage document after a marriage ceremony. Under current law, the marriage document must be returned to the register of deed of the county in which the marriage was performed. Under the bill, the marriage document may be returned to the register of deeds in any county in the state.