HLS 16RS-1327 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 968
BY REPRESENTATIVE HODGES
MARRIAGE/LICENSE: Provides relative to marriage licenses
1 AN ACT
2To amend and reenact R.S. 9:223(B), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A)
3 and (C)(2), and 228, relative to marriage licenses; to provide for the form for a
4 marriage license; to provide for the inclusion of certain required information; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:223(B), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A) and
8(C)(2), and 228 are hereby amended and reenacted to read as follows:
9 §223. Form
10 * * *
11 B. The application form shall be as follows:
12 Application for Marriage
13 __________________(Parish), State of Louisiana
14 Date of Application:
15 Hour of Application:
16 Party A
17 GROOM
Last Name
of Groom
First Name of
Groom
Middle/Second
Name of Groom
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HB NO. 968
Address Is residence inside
city limits?
9 Yes 9 No
Parish/CountyState
Race Date of Birth
(month-day-year)
State of Birth
Father's
Name
State of Birth Mother's
Maiden Name
Prior to First
Marriage
State of Birth
1 Party B
2 BRIDE
Last Name
of Bride
First Name of BrideMiddle/Second
Name of Bride
Maiden
Name of
Bride
Address Is residence inside
city limits?
9 Yes9 No
Parish/CountyState
Race Date of Birth
(month-day-year)
State of Birth
Father's
Name
State of Birth Mother's
Maiden Name
Prior to first
Marriage
State of Birth
3 Covenant
4 Marriage
Covenant Marriage9 Yes9 NoIf yes, complete the following:
We, ___________________________ and
_____________________________
do hereby declare our intent to contract a Covenant Marriage and,
accordingly, have executed a declaration of intent attached hereto.
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HB NO. 968
1 Party A
2 Groom
Has the groom been formerly
married?_________
How many times?________
No. of this Marriage (1
st
, 2
nd
, etc.)
Specify:
Are you divorced ________?
Last Marriage Ended by:
Death, Divorce, Annulment
(Specify and Date thereof)
3 Party B
4 Bride
Has the bride been formerly
married?_________
How many times?________
No. of this Marriage (1
st
, 2
nd
, etc.)
Specify:
Are you divorced ________?
Last Marriage Ended by:
Death, Divorce, Annulment
(Specify and Date thereof)
5 SSN Party A/ Grooms's Social Security
Number
Party B/ Bride's Social Security
Number
6 Education -
7 Highest
8 Grade
9 Completed
10 or number
11 of years of
12 college
Party A/ Groom Party B/ Bride
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HB NO. 968
1 I ___________________________ (print name of Party A/ groom) do swear
2 or affirm that the information contained in this application for marriage is true
3 and correct. I further swear or affirm that this is my ______ (1
st
, 2
nd
, etc.
4 number) marriage but that I am not currently married to anyone else, and that I
5 am free to marry under the laws of the state of Louisiana. I further understand
6 and acknowledge that giving any false information or false statement in this
7 application of marriage shall constitute the crime of filing a false public record in
8 violation of the Louisiana Criminal Code (R.S. 14:133).
9 ____________________________
10 Signature of Party A/ Groom
11 Sworn to and subscribed before me this ________ day of
12 __________________, 20___.
13 ___________________ Notary Public/Deputy Clerk/Deputy
14 Registrar
15 I ___________________________ (print name of Party B/ bride) do swear or
16 affirm that the information contained in this application for marriage is true and
17 correct. I further swear or affirm that this is my ______ (1
st
, 2
nd
, etc. number)
18 marriage but that I am not currently married to anyone else, and that I am free
19 to marry under the laws of the state of Louisiana. I further understand and
20 acknowledge that giving any false information or false statement in this
21 application of marriage shall constitute the crime of filing a false public record in
22 violation of the Louisiana Criminal Code (R.S. 14:133).
23 ____________________________
24 Signature of Party B/ Bride
25 Sworn to and subscribed before me this ________ day of
26 __________________, 20___.
27 ___________________ Notary Public/Deputy Clerk/Deputy Registrar
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HB NO. 968
1 §224. Application; information required
2 A. The application for a marriage license provided by R.S. 9:223, and
3 containing all of the following information, shall be sworn to and signed by both
4 parties before a notary public, deputy clerk, or deputy registrar:
5 * * *
6 (6) Each party's social security number, if both parties were born in any state
7 or territory of the United States or are naturalized citizens of the United States.
8 (a) If a party does not have a social security number issued by the United
9 States Social Security Administration because the party is not a citizen or a lawful
10 permanent resident of the United States, the party shall present either any of the
11 following:
12 (i) A valid and unexpired passport from the country of his birth accompanied
13 by a Form I-94 issued by the United States.
14 (ii) An unexpired visa accompanied by a Form I-94 issued by the United
15 States.
16 (iii) A permanent residence card (Form I-551) issued by the United States.
17 (iv) A naturalization certificate issued by the United States.
18 (v) A valid and unexpired passport issued by the United States.
19 * * *
20 B.(1) Both applicants are not required to execute the application at the same
21 time, provided that each applicant executes the application before a notary public as
22 required by R.S. 9:224(A), and the required identification of the absent party is
23 produced.
24 * * *
25 (3) In the event of extenuating circumstances, and after a finding that the
26 parties have complied with all other requirements, for good cause shown, a judge of
27 the First or Second City Courts of the city of New Orleans, a family court judge, a
28 juvenile court judge, a district court judge, a parish judge, a city court judge, or a
29 justice of the peace may order an issuing official within the territorial jurisdiction of
30 his court parish where his court is situated to issue a marriage license with the
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1 notarized signature of only one of the applicants. The written order shall be attached
2 to the marriage application.
3 * * *
4 §225. Documents required; attachments
5 * * *
6 B.(1) It shall be unlawful for any officer authorized to issue a marriage
7 license in this state to issue a license to any male or female unless both parties first
8 present and file with the officer a certified copy of their original birth certificate or
9 a waiver of a birth certificate pursuant to R.S. 9:228.
10 * * *
11 §226. Certified copy of birth certificate; translation to English
12 A. A person born in Louisiana shall submit a certified copy of his birth
13 certificate. A short-form birth certification card shall be acceptable as a certified
14 copy of a birth certificate.
15 * * *
16 C. A person born outside of the United States or territory of the United States
17 shall submit a birth certificate under the seal of the United States or shall submit all
18 of the following:
19 * * *
20 (2) A valid and unexpired passport or an unexpired visa accompanied by a
21 Form I-94 issued by the United States, or a naturalization certificate verifying that
22 the applicant is lawfully in the United States.
23 * * *
24 §228. Same; court order waiving birth certificate
25 A. In the event of extenuating circumstances, for good cause shown, and
26 after a hearing, which may be held in camera, finding that the parties have complied
27 with all other requirements, including presentation of the letter required by R.S.
28 9:227 and other competent evidence of the applicants' birth facts, that the applicant
29 was born in any state or territory of the United States, a judge of the First or Second
30 City Courts of the city of New Orleans, a family court judge, a juvenile court judge,
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HB NO. 968
1 or any district court judge of a parish may order an issuing official within the
2 territorial jurisdiction of his court to issue a marriage license without the applicant
3 submitting a birth certificate. The order need not state the reasons. The written
4 order shall be attached to the marriage application.
5 B. In the event of extenuating circumstances, and for good cause shown, and
6 after a hearing, which may be held in camera, finding that the parties have complied
7 with all other requirements, including presentation of the letter required by R.S.
8 9:227 and other competent evidence of the applicants' birth facts, that the applicant
9 was born in any state or territory of the United States, a justice of the peace, retired
10 justice of the peace authorized to perform the marriage, parish court judge, or city
11 court judge may order an issuing official within the parish where his court is situated
12 to issue a marriage license without the applicant submitting a birth certificate. The
13 order need not state the reasons. The written order shall be attached to the marriage
14 application.
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)]
HB 968 Original 2016 Regular Session Hodges
Abstract: Provides for certain changes to the form for marriage licenses and provides for
the required information for the issuance of a marriage license.
Present law provides a required standard form for marriage licences.
Proposed law retains present law but removes the requirement of designating whether the
applicant lives inside the city limits, requires each applicant's mother's name prior to her first
marriage, instead of her maiden name, and changes the method in which each applicant lists
former marriages.
Present 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 or a lawful permanent
resident of the U.S., the party shall present either a valid and unexpired passport from the
country of his birth or an unexpired visa accompanied by a Form I-94 issued by the U.S.
Proposed law retains present law and also requires that the valid and unexpired passport
from the country of his birth be accompanied by a Form I-94 issued by the U.S., and
proposed law provides other acceptable identification to be: (1) a permanent residence card
(Form I-551) issued by the U.S., (2) a naturalization certificate issued by the U.S., or (3) a
valid and unexpired passport issued by the U.S.
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HB NO. 968
Proposed law specifies that if both parties do not execute the application at the same time,
the required identification of the absent party is still required to be produced.
Present law provides that in the event of extenuating circumstances, and after a finding that
the parties have complied with all other requirements, for good cause shown, a judge of the
First or Second City Courts of the city of New Orleans, a family court judge, a juvenile court
judge, a district court judge, a city court judge, or a justice of the peace may order an issuing
official within the territorial jurisdiction of his court to issue a marriage license with the
notarized signature of only one of the applicants.
Proposed law retains present law and provides that parish judges may order the issuance of
the marriage license, and extends the authority of the listed judges to act within the parish
where his court is situated instead of only within the territorial jurisdiction of his court.
Present law provides that it shall be unlawful for any officer authorized to issue a marriage
license in this state unless both parties file a certified copy of their original birth certificate.
Proposed law retains present law and also authorizes the filing of a waiver of a birth
certificate pursuant to present law, but removes the authority to submit a short-form birth
certificate.
Present law provides that a person born outside of the U.S. or territory of the U.S. shall
submit a birth certificate under the seal of the U.S. or shall submit, among other
documentation, a valid and unexpired passport or an unexpired visa accompanied by a Form
I-94 issued by the U.S. verifying that the applicant is lawfully in the U.S.
Proposed law authorizes the production of a naturalization certificate in lieu of a valid and
unexpired passport or an unexpired visa accompanied by a Form I-94.
Present law provides that a judge of the First or Second City Courts of the city of New
Orleans, a family court judge, a juvenile court judge, any district court judge of a parish, a
justice of the peace, or a city court judge may order an issuing official within the territorial
jurisdiction of his court to issue a marriage license without the applicant submitting a birth
certificate in the event of extenuating circumstances, for good cause shown, and after a
hearing finding that the parties have complied with all other requirements, including
presentation of the letter signed by the proper registration authority of the foreign state,
territory, or country, and other competent evidence that the applicant was born in any state
or territory of the U.S.
Proposed law includes retired justices of the peace authorized to perform the marriage with
those judges who may order an issuing official within the territorial jurisdiction of his court
to issue a marriage license without the applicant submitting a birth certificate in the event
of extenuating circumstances.
Proposed law deletes the requirement that the applicant be born in any state or territory of
the U.S., deletes the requirement of presentation of the letter signed by the proper
registration authority of the foreign state, territory, or country, and requires competent
evidence of the applicants' birth facts.
(Amends R.S. 9:223(B), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A) and (C)(2), and
228)
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