Hodges HB No. 836
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
MARRIAGE/LICENSE: Provides for documentation and verification of certain
information submitted by applicants for marriage licenses.
DIGEST
HB 836 Reengrossed 2015 Regular Session Hodges
Present law provides for requirements for the issuance of a Louisiana marriage license.
Present law provides that an application for a marriage license must be made on a form
provided by the state registrar of vital records.
Proposed law retains present law but provides that the form that is used is provided by
proposed law.
Proposed law provides that the application must be in writing and must be sworn to and
signed by both parties, but provides exceptions for members of the armed forces of the
United States.
Present law provides that the application must contain the date and hour of the application,
the full name, residence, race, and age of each party, the names of the parents of each party,
the number of former marriages of each party, and whether divorced or not as well as each
party's social security number. Present law further provides that the state registrar of vital
records shall maintain confidentiality of social security numbers.
Proposed law requires the parties to list the number of times they have been married.
Proposed law retains present law but clarifies that each party's social security number is to
be provided on the application if both parties were born in a state or territory of the United
States or are naturalized citizens of the United States.
Proposed law provides that if a party does not have a social security number issued by the
U.S. Social Security Administration because the party is not a citizen, a valid and unexpired
passport from the country of the applicant's birth or an unexpired visa issued from the
country of the applicant's birth accompanied by a Form I-94 issued by the United States shall
be included.
Present law requires the state registrar of vital records and the officiant to maintain the
confidentiality of social security numbers.
Proposed law retains present law.
Present law provides that applicant must verify the application by affidavit.
Proposed law retains present law but provides that the affidavit shall acknowledge that each
party is free to marry pursuant to Louisiana law, and further provides that the affidavit shall
require each party to verify under oath that the information contained in the application is
true and correct.
Present law provides that the filing of false public records is the filing or depositing for
record in any public office or with any public official, or the maintaining as required by law,
regulation, or rule, with knowledge of its falsity, in any document containing a false
statement or false representation of a material fact. Present law provides that whoever
commits the crime of filing false public records shall be imprisoned for not more than five
years with or without hard labor or shall be fined not more than $5,000, or both.
Page 1 of 4
Prepared by Julie J. Baxter. Proposed law provides that the application of marriage shall include an acknowledgment that
each party understands that falsification of the application shall constitute the crime of filing
false public records.
Proposed law provides exceptions to the requirement that both parties sign the marriage
application.
Present law provides that an application for a marriage license shall be accompanied by a
certified copy of each party's birth certificate.
Proposed law retains present law but provides that if the birth certificate is in a language
other than English, the birth certificate shall be interpreted in writing in English.
Proposed law provides that either a valid and unexpired driver's license, government-issued
identification card, or a valid and unexpired passport from the country of his birth or an
unexpired visa accompanied by Form I-94 as issued by the United States, must be produced
in order to obtain a marriage license.
Present law provides that it shall be unlawful for any officer authorized to issue a marriage
license in this state to issue a license to any male or female unless both parties first present
and file with such officer a certified copy of their original birth certificates. Present law
further provides that a photostatic or photographic reproduction of the certified copy of the
birth certificate may be filed with the officer.
Proposed law retains present law but requires that a photostatic or photographic reproduction
of the certified copy of the birth certificate shall be filed with the officer.
Present law provides that a person born in Louisiana may submit a certified copy of his birth
certificate with the marriage application. Present law further provides that a short-form birth
certification card shall be acceptable as a certified copy of a birth certificate.
Proposed law retains present law but requires a person born in Louisiana to submit a certified
copy of his birth certificate with the application.
Present law provides that a person born outside Louisiana may submit a copy of his birth
certificate under the raised seal or stamp of the vital statistics registration authority of his
place of birth.
Proposed law retains present law but requires that if the applicant's birth was outside
Louisiana but in another state or territory of the U.S., the applicant shall submit a copy of his
birth certificate under the raised seal or stamp of the state's vital statistics registration
authority of his place of birth.
Proposed law retains present law but requires if the applicant is born outside of the United
States, the applicant shall submit birth certificate under the seal of the U.S. or all of the
following:
(1)A copy of the person's birth certificate under the raised seal or stamp of the vital
statistics registration authority of the person's place of birth.
(2)If the birth certificate is not printed in English, the party shall obtain a copy translated
in English.
(3)A valid and unexpired passport or an unexpired visa accompanied by a Form I-94
issued by the United States, verifying that the applicant is lawfully in the United
States.
Present law provides that certified copy of the birth certificate or letter issued in lieu thereof
shall be retained by the official recorder of the marriage for a minimum period of 60 days.
Proposed law deletes the requirement that the copy retained is certified.
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Prepared by Julie J. Baxter. Proposed law retains present law but requires that the order which provides that the non-
English birth certificate be translated into English be also held for 60 days.
Present law provides that if there is no birth certificate on file for the applicant, a letter
signed by the proper registration authority, under his raised seal or stamp, must be submitted
in lieu of a birth certificate. Present law provides that the letter must state that a thorough
search was made and that no birth record was located for the applicant.
Proposed law provides that the letter issued by the state registrar of vital records or the
issuing authority in another state or country shall be filed with the court conducting the
hearing, if the requirement of the birth certificate is to be waived.
Present law provides that the officer issuing the marriage license may demand other proof
of birth facts.
Proposed law provides that the judge issuing the order waiving the birth certificate in order
to obtain the marriage license shall demand other proof of birth facts.
Present law provides that in the event of extenuating circumstances, and after finding that
the parties have complied with all other requirements, a judge of an Orleans Parish City
Court, a family court judge, a juvenile court judge, any district court judge of a parish, or a
justice of the peace may order an issuing official within the territorial jurisdiction of his court
to issue a marriage license without the applicant submitting a birth certificate.
Proposed law retains present law but corrects the name of the First and Second City Courts
of New Orleans, and provides that the order waiving the requirement that a birth certificate
be necessary to obtain a license for marriage be for good cause shown and authorizes the
hearing to be held in camera.
Proposed law further provides that a letter obtained from the Louisiana state registrar of vital
records or the proper registration authority stating that the birth certificate could not be
found, along with other competent evidence shall be presented to the court at the hearing.
Present law provides that in the event of extenuating circumstances, and after finding that
the parties have complied with all other requirements, a retired justice of the peace
authorized to perform marriage ceremonies may order an issuing official within the territorial
limits provided by to issue a marriage license without the applicant submitting a birth
certificate. Present law further provides the order need not state the reasons for waiving the
requirement for the birth certificate.
Proposed law deletes present law.
Proposed law provides for legislative findings.
Effective January 1, 2016.
(Amends R.S. 9:223, 224(A)(intro. para.), (4), and (6) and (B), and 225(A)(1) and (B) and
226-228; Adds R.S. 9:224(A)(7) and 225(A)(4))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add technical legislative bureau amendments.
2. Remove references in the application which required the applicant to see the
deputy clerk if social security information is not available.
3. Specify that the deputy clerk or deputy registrar may notarize the completed
application.
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Prepared by Julie J. Baxter. 4. Correct the name of the First and Second City Courts of New Orleans.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Deleted the proposed requirement that the applicant say "how and when the most
recent marriage ended" and returned to present law requiring that the applicant
say whether they are divorced or not.
2. Changed the requirements for a marriage license applicant who does not have a
social security number because the applicant is not a citizen or a lawful
permanent resident of the United States, to require that the party shall present
either a valid and unexpired passport from the country of his birth or an
unexpired visa issued from the country of his birth accompanied by a Form I-94
issued by the United States.
3. Changed the word "passport" in the list of acceptable documents to accompany
a marriage license application to instead list as acceptable either a valid and
unexpired passport from the country of the applicant's birth or an unexpired visa
accompanied by Form I-94 as issued by the United States.
4. Changed the reference in a list of documents required for a marriage license from
a person born outside of the United States or territory of the United States, and
who does not submit a birth certificate, to include, instead of a passport or visa
to read "a valid and unexpired passport or an unexpired visa accompanied by a
Form I-94 issued by the United States, verifying that the applicant is lawfully in
the United States".
Page 4 of 4
Prepared by Julie J. Baxter.