HLS 14RS-2451 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1196
BY REPRESENTATIVE LOPINTO
JUDGES/JUSTICE OF PEACE: Authorizes retired justices of the peace to perform certain
duties relative to waivers
AN ACT1
To amend and reenact R.S. 9:228 and 242(A), relative to marriage licenses; to authorize2
retired justices of the peace to sign certain waivers; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:228 and 242(A) are hereby amended and enacted to read as6
follows: 7
§228. Same; court order waiving8
A. In the event of extenuating circumstances, and after finding that the9
parties have complied with all other requirements, a judge of the Orleans Parish City10
Court
1
, a family court judge, a juvenile court judge, or any district court judge of a11
parish may order an issuing official within the territorial jurisdiction of his court to12
issue a marriage license without the applicant submitting a birth certificate.13
B. In the event of extenuating circumstances, and after finding that the14
parties have complied with all other requirements, a justice of the peace or city court15
judge may order an issuing official within the parish where his court is situated to16
issue a marriage license without the applicant submitting a birth certificate. The17
order need not state the reasons.18
C. In the event of extenuating circumstances, and after finding that the19
parties have complied with all other requirements, a retired justice of the peace20 HLS 14RS-2451 ORIGINAL
HB NO. 1196
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
authorized to perform marriage ceremonies under R.S. 9:203(C) may order an1
issuing official within the territorial limits provided by R.S. 9:203(A) to issue a2
marriage license without the applicant submitting a birth certificate. The order need3
not state the reasons.4
* * *5
§242. Waiver of delay6
A. A judge, or justice of the peace justice of the peace, or retired justice of7
the peace authorized to perform the marriage may waive the seventy-two-hour delay8
upon application of the parties giving serious and meritorious reasons. His9
certificate authorizing the immediate performance of the ceremony must be attached10
to the marriage license.11
* * *12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 1196
Abstract: Authorizes a retired justice of the peace to certain waivers relative to issuance
of marriage licenses.
Present law authorizes certain officials to order an issuing official to issue a marriage license
without the applicant submitting a birth certificate when there are extenuating circumstances
and the official has found that the parties have complied with all other requirements.
Proposed law retains present law and adds retired justices of the peace to the list of officials.
Present law authorizes a judge or justice of the peace authorized to perform a marriage
ceremony to waive the 72-hour-delay requirement for performance of a marriage ceremony
in certain circumstances.
Proposed law retains present law and adds retired justices of the peace to the list of officials.
(Amends R.S. 9:228 and 242(A))