Maryland 2022 Regular Session

Maryland Senate Bill SB54 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0054
6	6
7	7	SENATE BILL 54
8	8	D4 2lr1156
9	9	SB 289/21 – JPR (PRE–FILED)
10	10	By: Senator Reilly
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Anne Arundel County – Marriage License Applications and Ceremonies 2
20	20
21	21	FOR the purpose of authorizing a party to be married in Anne Arundel County to apply for 3
22	22	a marriage license by providing certain information to the clerk by mail, courthouse 4
23	23	drop box, or e–mail; authorizing a certain individual in Anne Arundel County to 5
24	24	perform a marriage ceremony through the use of an audiovisual means of 6
25	25	communication if the parties to be married are both physically present at a single 7
26	26	location in Anne Arundel County; and generally relating to marriage license 8
27	27	applications and ceremonies in Anne Arundel County. 9
28	28
29	29	BY repealing and reenacting, with amendments, 10
30	30	Article – Family Law 11
31	31	Section 2–402, 2–406, and 2–409 12
32	32	Annotated Code of Maryland 13
33	33	(2019 Replacement Volume and 2021 Supplement) 14
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36	36	That the Laws of Maryland read as follows: 16
37	37
38	38	Article – Family Law 17
39	39
40	40	2–402. 18
41	41
42	42	(a) [An] EXCEPT AS PROVID ED IN SUBSECTION (F) OF THIS SECTION , AN 19
43	43	applicant for a license may apply to the clerk only at the office of the clerk during regular 20
44	44	office hours. 21
45	45
46	46	(b) Except as provided in [subsection] SUBSECTIONS (d) AND (F) of this section, 22
47	47	to apply for a license, [1] ONE of the parties to be married shall: 23 2 SENATE BILL 54
48	48
49	49
50	50
51	51	(1) appear before the clerk and give, under oath, the following information, 1
52	52	which shall be placed on an application form by the clerk: 2
53	53
54	54	(i) the full name of each party; 3
55	55
56	56	(ii) the place of residence of each party; 4
57	57
58	58	(iii) the age of each party; 5
59	59
60	60	(iv) whether the parties are related by blood or marriage and, if so, 6
61	61	in which degree of relationship; 7
62	62
63	63	(v) the marital status of each party; and 8
64	64
65	65	(vi) whether either party was married previously, and the date and 9
66	66	place of each death or judicial determination that ended any former marriage; 10
67	67
68	68	(2) sign the application form; and 11
69	69
70	70	(3) provide the clerk with the Social Security number of each party who has 12
71	71	a Social Security number. 13
72	72
73	73	(c) The Social Security numbers of the parties: 14
74	74
75	75	(1) shall be included in the electronic file for the marriage license 15
76	76	application; and 16
77	77
78	78	(2) except as provided in § 4–334 of the General Provisions Article, may not 17
79	79	be disclosed as part of the public record of the marriage license application. 18
80	80
81	81	(d) If the parties to be married are not residents of the county where the marriage 19
82	82	ceremony is to be performed, the clerk shall accept, instead of the application specified in 20
83	83	subsection (b) of this section, an affidavit from [1] ONE of the parties to be married. The 21
84	84	affidavit shall: 22
85	85
86	86	(1) contain the information required by subsection (b) of this section; and 23
87	87
88	88	(2) be sworn to under oath before a clerk or other comparable official in the 24
89	89	county, state, province, or country where the party resides. 25
90	90
91	91	(e) Until a license becomes effective, a clerk may not disclose the fact that an 26
92	92	application for a license has been made except to the parent or guardian of a party to be 27
93	93	married. 28
94	94
95	95	(F) (1) IN THIS SUBSECTION , “VIDEO CONFERENCING ” MEANS AN 29
96	96	AUDIOVISUAL MEANS OF COMMUNICATION . 30 SENATE BILL 54 3
97	97
98	98
99	99
100	100	(2) THIS SUBSECTION APPLI ES ONLY IN ANNE ARUNDEL COUNTY. 1
101	101
102	102	(3) (I) IF A MARRIAGE IS TO B E PERFORMED IN ANNE ARUNDEL 2
103	103	COUNTY, AS AN ALTERNATIVE TO APPEARING BEFORE THE CLERK UNDER 3
104	104	SUBSECTION (B)(1) OF THIS SECTION, A PARTY TO BE MARRIE D MAY APPLY TO THE 4
105	105	CLERK FOR ANNE ARUNDEL COUNTY FOR A MARRIAGE LICENSE BY: 5
106	106
107	107	1. PROVIDING TO THE CLE RK A SIGNED MARRIAGE 6
108	108	LICENSE APPLICATION FORM CONTAINING THE INFORMATION REQUIRED BY 7
109	109	SUBSECTION (B) OF THIS SECTION BY M AIL, COURTHOUSE DROP BOX , OR E–MAIL; 8
110	110	AND 9
111	111
112	112	2. INCLUDING THE LICENS E APPLICATION PAYMEN T AS 10
113	113	DIRECTED BY THE CLER K. 11
114	114
115	115	(II) THE INFORMATION ON AN APPLICATION SUBMITTE D UNDER 12
116	116	SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE SWORN TO : 13
117	117
118	118	1. UNDER OATH BEFORE T HE CLERK THROUGH THE USE 14
119	119	OF VIDEO CONFERENCIN G; OR 15
120	120
121	121	2. IF THE USE OF VIDEO CONFERENCING IS NOT 16
122	122	PRACTICAL UNDER THE CIRCUMSTANCES , IN AN AFFIDAVIT INCL UDED WITH THE 17
123	123	APPLICATION. 18
124	124
125	125	2–406. 19
126	126
127	127	(a) (1) In this subsection, “judge” means: 20
128	128
129	129	(i) a judge of the District Court, a circuit court, the Court of Special 21
130	130	Appeals, or the Court of Appeals; 22
131	131
132	132	(ii) a judge approved under Article IV, § 3A of the Maryland 23
133	133	Constitution and § 1–302 of the Courts Article for recall and assignment to the District 24
134	134	Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; 25
135	135
136	136	(iii) a judge of a United States District Court, a United States Court 26
137	137	of Appeals, or the United States Tax Court; or 27
138	138
139	139	(iv) a judge of a state court if the judge is active or retired but eligible 28
140	140	for recall. 29
141	141
142	142	(2) A marriage ceremony may be performed in this State by: 30
143	143	4 SENATE BILL 54
144	144
145	145
146	146	(i) any official of a religious order or body authorized by the rules 1
147	147	and customs of that order or body to perform a marriage ceremony; 2
148	148
149	149	(ii) any clerk; 3
150	150
151	151	(iii) any deputy clerk designated by the county administrative judge 4
152	152	of the circuit court for the county; or 5
153	153
154	154	(iv) a judge. 6
155	155
156	156	(b) Within 6 months after a license becomes effective, any authorized official may 7
157	157	perform the marriage ceremony of the individuals named in the license. 8
158	158
159	159	(c) (1) An individual may not perform a marriage ceremony unless the 9
160	160	individual is authorized to perform a marriage ceremony under subsection (a) of this 10
161	161	section. 11
162	162
163	163	(2) An individual who violates this subsection is guilty of a misdemeanor 12
164	164	and on conviction is subject to a fine of $500. 13
165	165
166	166	(d) (1) An individual may not knowingly perform a marriage ceremony 14
167	167	between individuals who are prohibited from marrying under § 2–202 of this title. 15
168	168
169	169	(2) An individual who violates the provisions of this subsection is guilty of 16
170	170	a misdemeanor and on conviction is subject to a fine of $500. 17
171	171
172	172	(e) (1) An individual may not perform a marriage ceremony without a license 18
173	173	that is effective under this subtitle. 19
174	174
175	175	(2) An individual who violates the provisions of this subsection is guilty of 20
176	176	a misdemeanor and on conviction is subject to a fine not exceeding $500. 21
177	177
178	178	(f) The county administrative judge of the circuit court for the county shall 22
179	179	designate: 23
180	180
181	181	(1) when and where the clerk or deputy clerk may perform a marriage 24
182	182	ceremony; and 25
183	183
184	184	(2) the form of the marriage ceremony to be recited by the clerk or deputy 26
185	185	clerk and the parties being married. 27
186	186
187	187	(g) This section does not affect the right of any religious denomination to perform 28
188	188	a marriage ceremony in accordance with the rules and customs of the denomination. 29
189	189
190	190	(H) (1) THIS SUBSECTION APPLI ES ONLY IN ANNE ARUNDEL COUNTY. 30
191	191
192	192	(2) AN INDIVIDUAL AUTHORI ZED TO PERFORM A MAR RIAGE 31 SENATE BILL 54 5
193	193
194	194
195	195	CEREMONY MAY , FROM A DIFFERENT LOC ATION IN ANNE ARUNDEL COUNTY THAN 1
196	196	THE PARTIES TO BE MARRIED , PERFORM A MARRIAGE C EREMONY THROUGH THE 2
197	197	USE OF AN AUDIOVISUA L MEANS OF COMMUNICA TION IF THE PARTIES TO BE 3
198	198	MARRIED ARE BOTH PHY SICALLY PRESENT AT A SINGLE LOCATION IN ANNE 4
199	199	ARUNDEL COUNTY. 5
200	200
201	201	2–409. 6
202	202
203	203	(a) Each marriage certificate shall contain: 7
204	204
205	205	(1) the name, signature, and title of the authorized official who performs 8
206	206	the marriage ceremony; or 9
207	207
208	208	(2) if the individuals are married in a Society of Friends marriage 10
209	209	ceremony, the signatures of the individuals and the attestation of the certificate by [2] TWO 11
210	210	overseers of the marriage ceremony. 12
211	211
212	212	(b) (1) The authorized official who performs the marriage ceremony shall: 13
213	213
214	214	(i) 1. hand [1] ONE marriage certificate to the individuals; OR 14
215	215
216	216	2. FOR A MARRIAGE CEREM ONY PERFORMED IN 15
217	217	ACCORDANCE WITH THE PROVISIONS OF § 2–406(H)(2) OF THIS SUBTITLE , MAIL, 16
218	218	E–MAIL, OR DELIVER THE MARRI AGE CERTIFICATE TO T HE INDIVIDUALS BY 17
219	219	ANOTHER ELECTRONIC F ORMAT; and 18
220	220
221	221	(ii) return, within 5 days from the date of the marriage ceremony, 19
222	222	the other marriage certificate to the clerk who issued the license to which the certificates 20
223	223	were attached, but if the authorized official who performs the marriage ceremony dies or 21
224	224	resigns, some other individual shall return the certificate. 22
225	225
226	226	(2) If the individuals are married in a Society of Friends marriage 23
227	227	ceremony, they: 24
228	228
229	229	(i) may keep [1] ONE marriage certificate; and 25
230	230
231	231	(ii) within 5 days from the date of the marriage ceremony, shall 26
232	232	return the other marriage certificate to the clerk who issued the license to which the 27
233	233	certificates were attached. 28
234	234
235	235	(c) If the marriage certificate is not returned within 6 months after the date on 29
236	236	which the license becomes effective, the clerk who issued the license shall attempt to 30
237	237	determine whether the marriage ceremony was performed and, if so, the name of the 31
238	238	authorized official who performed the marriage ceremony. 32
239	239
240	240	(d) (1) An individual who performs a marriage ceremony or who is married in 33 6 SENATE BILL 54
241	241
242	242
243	243	a Society of Friends marriage ceremony may not violate the provisions of subsection 1
244	244	(b)(1)(ii) or (2)(ii) of this section. 2
245	245
246	246	(2) An individual who violates any provision of this subsection is guilty of 3
247	247	a misdemeanor and on conviction is subject to a fine in an amount that the court considers 4
248	248	appropriate. 5
249	249
250	250	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
251	251	October 1, 2022. 7
252	252