Text of OK HB 3454 (2018)

Req. No. 8649 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 56th Legislature (2018) HOUSE BILL 3454 By: Russ AS INTRODUCED An Act relating to marriage licenses; amending 28 O.S. 2011, Sections 31 and 152.4, which relate to fees; modifying fee; providing fee for recording marriage certificate or affidavit of common law marriage; deleting marriage license fee collection procedure; amending 43 O.S. 2011, Sections 3, 5.1, 7, 8, 9, as amended by Section 6, Chapter 278, O.S.L. 2012 and 15 (43 O.S. Supp. 2017, Section 9), which relate to marriage; deleting reference to marriage license; describing procedure when written permission is required for marriage; directing permission be retained by official or affixed to affidavit; providing reduced marriage certificate fee if premarital counseling is completed; providing exception; allowing assemblies with no ordained minister to solemnize marriages; allowing affidavit of common law marriage; providing for filing of affidavit with court clerk; listing contents of affidavit; requiring execution of marriage certificate; listing contents of certificate; directing filing of certificate with court clerk; instructing court clerk to record certificate or affidavit; setting forth procedures for recording and recordkeeping; requiring entity to accept certificate or affidavit as proof of identity or marital status; providing applicability; construing provision; providing punishment for judge or clerk recording prohibited marriage certificate; providing statutory form for marriage certificate; repealing 43 O.S. 2011, Sections 4, 5, as amended by Section 1, Chapter 192, O.S.L. 2013, 6, 10, 19 and 36 (43 O.S. Supp. 2017, Section 5), which relate to marriage; providing for codification; and providing an effective date. Req. No. 8649 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 28 O.S. 2011, Section 31, is amended to read as follows: Section 31. Notwithstanding any other provision of law, the clerk of the district court, or the clerk of any other court of record, shall charge and collect the following fees for services by them respectively rendered and none others, except as otherwise provided by law: Approving bond or undertaking, including certificate and seal............................$3.00 Making copy of an instrument of record or on file, first page.............................$1.00 subsequent pages (each).........................$0.50 Certifying to any instrument (each)...............$0.50 Authentication of court records...................$5.00 Receiving and paying out money in pursuance of law or order of court...............1% provided, however, that such charge shall not exceed $300.00. Application, issuing, entering return and recording Recording marriage license certificate if the applicants submit a certificate that states the applicants have completed the premarital counseling Req. No. 8649 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes.....................$5.00 Application, issuing, entering return and recording Recording marriage license certificate if the applicants do not submit a certificate that states the applicants have completed the premarital counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes or recording affidavit of common law marriage.......................................$50.00 Conveyance of full-blood Indian heirs to interest in inherited lands, same to be accounted for as other fees.....................$5.00 Posting notice outside the courthouse............$10.00 Mailing, by any type of mail, writs, warrants, orders, process, command or notice for each person.........................$10.00, or actual expense, whichever is greater, except ordinary mailing of first-class mail in probate cases, for each case...........$10.00, or actual expense, whichever is greater. For the actual cost of all postage in each case in excess of..............................$10.00, or Req. No. 8649 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 actual expense, whichever is greater. For filing and indexing of disclaimers other than in pending probate or civil cases pursuant to the provisions of Section 751 et seq. of Title 60 of the Oklahoma Statutes...............................$5.00 SECTION 2. AMENDATORY 28 O.S. 2011, Section 152.4, is amended to read as follows: Section 152.4 In any proceeding for issuance of a license other than a marriage license, the court clerk shall collect at the time of filing the application for said license, court costs in the same amounts as required in civil cases in addition to other fees prescribed by law. SECTION 3. AMENDATORY 43 O.S. 2011, Section 3, is amended to read as follows: Section 3. A. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex. B. 1. Except as otherwise provided by this subsection, no person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except: Req. No. 8649 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license person, b. upon the written consent of the parent or guardian of such underage applicant person executed and acknowledged in person before a judge of the district court or the court clerk of any county within the State of Oklahoma, c. if the parent or guardian resides outside of the State of Oklahoma, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record. The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions, d. if the certificate of a duly licensed medical doctor or osteopath, acknowledged in the manner provided by law for the acknowledgment of deeds, and stating that such parent or guardian is unable by reason of health or incapacity to be present in person, is presented to such licensing authority, upon the written consent of the parent or guardian, acknowledged in the same manner as the accompanying medical certificate, e. if the parent or guardian is on active duty with the Armed Forces of the United States, upon the written Req. No. 8649 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 permission of the parent or guardian, acknowledged in the manner provided by law for acknowledgment of deeds by military personnel authorized to administer oaths. Such permission shall be presented to the licensing authority, accompanied by a certificate executed by a commissioned officer in command of the applicant person, to the effect that the parent or guardian is on active duty in the Armed Forces of the United States, or f. upon affidavit of three (3) reputable persons stating that both parents of the minor are deceased, or mentally incompetent, or their whereabouts are unknown to the minor, and that no guardian has theretofore been appointed for the minor. The judge of the district court issuing the license may in his or her discretion consent to the marriage in the same manner as in all cases in which consent may be given by a parent or guardian. 2. Every person under the age of sixteen (16) years is expressly forbidden and prohibited from entering into the marriage relation except when authorized by the court: a. in settlement of a suit for seduction or paternity, or b. if the unmarried female is pregnant, or has given birth to an illegitimate child and at least one parent Req. No. 8649 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of each minor, or the guardian or custodian of such child, is present before the court and has an opportunity to present evidence in the event such parent, guardian, or custodian objects to the issuance of a marriage license. If they are not present the parent, guardian, or custodian may be given notice of the hearing at the discretion of the court. 3. A parent or a guardian of any child under the age of eighteen (18) years who is in the custody of the Department of Human Services or the Department of Juvenile Justice shall not be eligible to consent to the marriage of such minor child as required by the provisions of this subsection. 4. Any certificate or written permission required by this subsection shall be retained by the official issuing performing the marriage license ceremony or affixed to the affidavit of common law marriage. C. No marriage may be authorized when such marriage would be incestuous under this chapter. SECTION 4. AMENDATORY 43 O.S. 2011, Section 5.1, is amended to read as follows: Section 5.1 A. The clerk of the district court shall reduce the fee for recording a marriage license certificate as prescribed by Section 31 of Title 28 of the Oklahoma Statutes to persons who Req. No. 8649 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 have successfully completed a premarital counseling program meeting the conditions specified by this section. B. 1. A premarital counseling program shall be conducted by a health professional, an official representative of a religious institution, or a person trained by the principal authors or duly authorized agents of the principal authors of nationally recognized marriage education curriculum including, but not limited to, Prevention & Relationship Enhancement Program (PREP). Upon successful completion of the program, the counseling program provider shall issue to the persons a certificate signed by the instructor of the counseling program. The certificate shall state that the named persons have successfully completed the premarital counseling requirements. A minimum of four (4) hours of education or counseling shall be necessary for successful completion of the marriage education curriculum. 2. For purposes of this subsection, the term "health professional" means a person licensed or certified by this state to practice psychiatry or psychology; a licensed social worker with experience in marriage counseling; a licensed marital and family therapist; or a licensed professional counselor. SECTION 5. AMENDATORY 43 O.S. 2011, Section 7, is amended to read as follows: Section 7. A. All Except as provided in subsection E of this section, marriages must be contracted by a formal ceremony performed Req. No. 8649 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age. B. 1. The judge shall place his or her order of appointment on file with the office of the court clerk of the county in which he or she resides. 2. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he or she resides, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages. 3. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he or she is a resident, shall have filed once, in the office of the court clerk of the county in which he or she intends to perform or solemnize a marriage, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages. 4. The filing by resident or nonresident preachers, ministers, priests, rabbis, ecclesiastical dignitaries or judges shall be Req. No. 8649 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 effective in and for all counties of this state; provided, no fee shall be charged for such recording. C. No person herein authorized to perform or solemnize a marriage ceremony shall do so unless the license issued therefor be first delivered into his or her possession nor unless he or she has good reason to believe the persons presenting themselves before him or her for marriage are the identical persons named in the license, and for whose marriage the same was issued, and that if there is no a legal objection or impediment to such marriage. D. Marriages between persons belonging to the society called Friends, or Quakers, the spiritual assembly of the Baha'is, or the Church of Jesus Christ of Latter Day Saints, or other assemblies which have no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society, church, or assembly. E. Marriages not contracted by a formal ceremony pursuant to subsection A of this section may be acknowledged by filing an affidavit of common law marriage with the court clerk. The affidavit of common law marriage shall be signed by both parties, notarized with official seal affixed and include: 1. The place of residence of each party; 2. The full legal name and age of each party as they appear upon or are calculable from a certified copy of the birth certificate, the current driver license or identification card, the Req. No. 8649 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 current passport or visa, or any other certificate, license or document issued by or existing pursuant to the laws of any nation or of any state, or political subdivision thereof, accepted as proof of identity and age; 3. The full name by which each party will be known after the common law marriage, which shall become the full legal name of the party upon the filing of the affidavit of common law marriage; and 4. That the parties are not disqualified from or incapable of entering into a common law marriage. SECTION 6. AMENDATORY 43 O.S. 2011, Section 8, is amended to read as follows: Section 8. A. The person performing or solemnizing the marriage ceremony shall, immediately upon the completion of the ceremony, endorse upon the license execute a marriage certificate provided in Section 9 of this act authorizing the marriage and containing the following information: 1. The place of residence of each party; 2. The full legal name and age of each party as they appear upon or are calculable from a certified copy of the birth certificate, the current driver license or identification card, the current passport or visa, or any other certificate, license or document issued by or existing pursuant to the laws of any nation or of any state, or political subdivision thereof, accepted as proof of identity and age; Req. No. 8649 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The full name by which each party will be known after the marriage, which shall become the full legal name of the party upon the filing of the marriage certificate; 4. That the parties are not disqualified from or incapable of entering into marriage; 5. His or her name and official or clerical designation; 2. 6. The court of which he or she is the judge, or the congregation or body of which he or she is pastor, preacher, minister, priest, rabbi or dignitary of a recognized assembly; provided, that the authority to perform or solemnize marriages shall be coextensive with the congregation or body of which he or she is pastor, preacher, minister, priest, rabbi or dignitary of a recognized assembly; provided further, that all marriages solemnized among the society called Friends or Quakers, the spiritual assembly of the Baha'is, or the Church of Jesus Christ of Latter-day Saints, or other assemblies which have no ordained minister, in the form heretofore practiced and in use in their meetings shall be good and valid. One person chosen by such society, assembly, or church shall be responsible for completing the marriage certificate pursuant to this section in the same manner as a minister or other person authorized to perform marriages; 3. 7. The town or city and county where the court, congregation, body, society, assembly, or church is located; and Req. No. 8649 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. 8. His or her signature along with his or her official or clerical designation. B. The witnesses to the ceremony shall endorse the marriage certificate, attesting to their presence at the ceremony, with their names and post office addresses. C. The persons who have been married in the ceremony shall endorse the marriage certificate with the names by which they are to be known from the time of the marriage, as evidenced on the marriage license. D. The marriage license, along with the completed marriage certificate shall be transmitted without delay to the judge or the court clerk who issued the license and shall file the marriage certificate. SECTION 7. AMENDATORY 43 O.S. 2011, Section 9, as amended by Section 6, Chapter 278, O.S.L. 2012 (43 O.S. Supp. 2017, Section 9), is amended to read as follows: Section 9. A. The judge or clerk of the district court issuing recording any marriage license certificate or affidavit of common law marriage shall make a complete record of the application, license, and certificate thereon or affidavit, on an optical disc, microfilm, microfiche, imaging, in a book kept by the judge or clerk for that purpose, properly indexed, or by electronic means using any method approved by the Supreme Court; and the record of the license shall be made before it is delivered to the person procuring the Req. No. 8649 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 same, and the record of the certificate or affidavit shall be made upon the return of the license filing; provided, that all records pertaining to the issuance of such license marriage certificates or affidavits of common law marriage shall be open to public inspection during office hours; provided further, that after recording of the original license and completed certificate or affidavit as hereinbefore required, it shall be returned to the persons to whom the same was issued who filed it, with the issuing officer's court clerk's certificate affixed thereon showing the book and page or case number where the same has been recorded. B. Any entity requiring proof of identity or marital status shall accept a certified copy of the marriage certificate or affidavit of common law marriage that has been filed with the court clerk. Any reference in the Oklahoma Statutes requiring a marriage license as proof of identity or marital status shall be interpreted to include a marriage certificate or affidavit of common law marriage executed on or after November 1, 2015. C. Nothing provided in this section shall be construed to invalidate a marriage license issued by the court clerk prior to November 1, 2015. SECTION 8. AMENDATORY 43 O.S. 2011, Section 15, is amended to read as follows: Section 15. Any judge of the district court, or clerk of the district court, knowingly issuing recording any marriage license, Req. No. 8649 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 certificate or concealing any record thereof, contrary to the provisions of this chapter, or any person knowingly performing or solemnizing the marriage ceremony contrary to any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty (30) days nor more than one (1) year or by both such fine and imprisonment. SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 8.1 of Title 43, unless there is created a duplication in numbering, reads as follows: A. The following statutory form of marriage certificate as authorized by Section 8 of Title 43 of the Oklahoma Statutes is legally sufficient: STATUTORY FORM FOR MARRIAGE CERTIFICATE In the District Court of ___________________ County I hereby certify that I ____________________________________________ (Name of official solemnizing marriage) ________________________________ of ________________________________ (Official or Clerical Designation) (Congregation or Religious Group) of ____________________, in ______________ County, State of Oklahoma (City) (County) Req. No. 8649 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 joined in marriage: __________________________ (Full name of party as it appears on birth certificate or other government-issued identification card) of ________________, County of ___________________ (City of residence) (County of residence) State of __________________, age ___________ years (State of residence) (age of party) and _________________________ (Full name of party as it appears on birth certificate or other government-issued identification card) of ________________, County of ___________________ (City of residence) (County of residence) State of __________________, age ___________ years (State of residence) (age of party) on the ______ day of __________________, 20__ at _________________, State of Oklahoma, in the presence of witnesses who have endorsed this Certificate below. My credentials or authority to solemnize marriage are recorded in Minister’s Credentials Case No. ____________ or Book ____________ at page _______ of ___________________ County, Oklahoma. ____________________________________________________ (Signature of Official Solemnizing Marriage Ceremony) Req. No. 8649 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ____________________________________________________ (Official or Clerical Designation) In witness thereof, we hereby attest that we were present at the ceremony referenced above: ____________________________________ of __________________, ______ (Witness) (City) (State) ____________________________________ of __________________, ______ (Witness) (City) (State) ________________________________________ First Spouse’s Full Name To Be Known As _________________________________________ First Spouse’s Signature (sign full name to be known as, exactly as above) ______________________________________ Second Spouse’s Full Name To Be Known As _________________________________________ Second Spouse’s Signature (sign full name to be known as, exactly as above) This Marriage Certificate was filed with the Court Clerk’s Office, where it was recorded in Marriage Record Book _____ at Page ______ or in Case # ______________ on the ___ day of ______________, 20___. ___________________________, Court Clerk of _________________ County By _____________________________ (Court Clerk or Deputy) Req. No. 8649 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The power of attorney is legally sufficient under this act, if the wording of the form complies substantially with subsection A of this section, the form is properly completed, and the signatures of the parties are acknowledged. SECTION 10. REPEALER 43 O.S. 2011, Sections 4, 5, as amended by Section 1, Chapter 192, O.S.L. 2013, 6, 10, 19 and 36 (43 O.S. Supp. 2017, Section 5), are hereby repealed. SECTION 11. This act shall become effective November 1, 2018. 56-2-8649 EK 12/11/17