EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0054*
SENATE BILL 54
D4 2lr1156
SB 289/21 – JPR (PRE–FILED)
By: Senator Reilly
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Anne Arundel County – Marriage License Applications and Ceremonies 2
FOR the purpose of authorizing a party to be married in Anne Arundel County to apply for 3
a marriage license by providing certain information to the clerk by mail, courthouse 4
drop box, or e–mail; authorizing a certain individual in Anne Arundel County to 5
perform a marriage ceremony through the use of an audiovisual means of 6
communication if the parties to be married are both physically present at a single 7
location in Anne Arundel County; and generally relating to marriage license 8
applications and ceremonies in Anne Arundel County. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 2–402, 2–406, and 2–409 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Family Law 17
2–402. 18
(a) [An] EXCEPT AS PROVID ED IN SUBSECTION (F) OF THIS SECTION , AN 19
applicant for a license may apply to the clerk only at the office of the clerk during regular 20
office hours. 21
(b) Except as provided in [subsection] SUBSECTIONS (d) AND (F) of this section, 22
to apply for a license, [1] ONE of the parties to be married shall: 23 2 SENATE BILL 54
(1) appear before the clerk and give, under oath, the following information, 1
which shall be placed on an application form by the clerk: 2
(i) the full name of each party; 3
(ii) the place of residence of each party; 4
(iii) the age of each party; 5
(iv) whether the parties are related by blood or marriage and, if so, 6
in which degree of relationship; 7
(v) the marital status of each party; and 8
(vi) whether either party was married previously, and the date and 9
place of each death or judicial determination that ended any former marriage; 10
(2) sign the application form; and 11
(3) provide the clerk with the Social Security number of each party who has 12
a Social Security number. 13
(c) The Social Security numbers of the parties: 14
(1) shall be included in the electronic file for the marriage license 15
application; and 16
(2) except as provided in § 4–334 of the General Provisions Article, may not 17
be disclosed as part of the public record of the marriage license application. 18
(d) If the parties to be married are not residents of the county where the marriage 19
ceremony is to be performed, the clerk shall accept, instead of the application specified in 20
subsection (b) of this section, an affidavit from [1] ONE of the parties to be married. The 21
affidavit shall: 22
(1) contain the information required by subsection (b) of this section; and 23
(2) be sworn to under oath before a clerk or other comparable official in the 24
county, state, province, or country where the party resides. 25
(e) Until a license becomes effective, a clerk may not disclose the fact that an 26
application for a license has been made except to the parent or guardian of a party to be 27
married. 28
(F) (1) IN THIS SUBSECTION , “VIDEO CONFERENCING ” MEANS AN 29
AUDIOVISUAL MEANS OF COMMUNICATION . 30 SENATE BILL 54 3
(2) THIS SUBSECTION APPLI ES ONLY IN ANNE ARUNDEL COUNTY. 1
(3) (I) IF A MARRIAGE IS TO B E PERFORMED IN ANNE ARUNDEL 2
COUNTY, AS AN ALTERNATIVE TO APPEARING BEFORE THE CLERK UNDER 3
SUBSECTION (B)(1) OF THIS SECTION, A PARTY TO BE MARRIE D MAY APPLY TO THE 4
CLERK FOR ANNE ARUNDEL COUNTY FOR A MARRIAGE LICENSE BY: 5
1. PROVIDING TO THE CLE RK A SIGNED MARRIAGE 6
LICENSE APPLICATION FORM CONTAINING THE INFORMATION REQUIRED BY 7
SUBSECTION (B) OF THIS SECTION BY M AIL, COURTHOUSE DROP BOX , OR E–MAIL; 8
AND 9
2. INCLUDING THE LICENS E APPLICATION PAYMEN T AS 10
DIRECTED BY THE CLER K. 11
(II) THE INFORMATION ON AN APPLICATION SUBMITTE D UNDER 12
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE SWORN TO : 13
1. UNDER OATH BEFORE T HE CLERK THROUGH THE USE 14
OF VIDEO CONFERENCIN G; OR 15
2. IF THE USE OF VIDEO CONFERENCING IS NOT 16
PRACTICAL UNDER THE CIRCUMSTANCES , IN AN AFFIDAVIT INCL UDED WITH THE 17
APPLICATION. 18
2–406. 19
(a) (1) In this subsection, “judge” means: 20
(i) a judge of the District Court, a circuit court, the Court of Special 21
Appeals, or the Court of Appeals; 22
(ii) a judge approved under Article IV, § 3A of the Maryland 23
Constitution and § 1–302 of the Courts Article for recall and assignment to the District 24
Court, a circuit court, the Court of Special Appeals, or the Court of Appeals; 25
(iii) a judge of a United States District Court, a United States Court 26
of Appeals, or the United States Tax Court; or 27
(iv) a judge of a state court if the judge is active or retired but eligible 28
for recall. 29
(2) A marriage ceremony may be performed in this State by: 30
4 SENATE BILL 54
(i) any official of a religious order or body authorized by the rules 1
and customs of that order or body to perform a marriage ceremony; 2
(ii) any clerk; 3
(iii) any deputy clerk designated by the county administrative judge 4
of the circuit court for the county; or 5
(iv) a judge. 6
(b) Within 6 months after a license becomes effective, any authorized official may 7
perform the marriage ceremony of the individuals named in the license. 8
(c) (1) An individual may not perform a marriage ceremony unless the 9
individual is authorized to perform a marriage ceremony under subsection (a) of this 10
section. 11
(2) An individual who violates this subsection is guilty of a misdemeanor 12
and on conviction is subject to a fine of $500. 13
(d) (1) An individual may not knowingly perform a marriage ceremony 14
between individuals who are prohibited from marrying under § 2–202 of this title. 15
(2) An individual who violates the provisions of this subsection is guilty of 16
a misdemeanor and on conviction is subject to a fine of $500. 17
(e) (1) An individual may not perform a marriage ceremony without a license 18
that is effective under this subtitle. 19
(2) An individual who violates the provisions of this subsection is guilty of 20
a misdemeanor and on conviction is subject to a fine not exceeding $500. 21
(f) The county administrative judge of the circuit court for the county shall 22
designate: 23
(1) when and where the clerk or deputy clerk may perform a marriage 24
ceremony; and 25
(2) the form of the marriage ceremony to be recited by the clerk or deputy 26
clerk and the parties being married. 27
(g) This section does not affect the right of any religious denomination to perform 28
a marriage ceremony in accordance with the rules and customs of the denomination. 29
(H) (1) THIS SUBSECTION APPLI ES ONLY IN ANNE ARUNDEL COUNTY. 30
(2) AN INDIVIDUAL AUTHORI ZED TO PERFORM A MAR RIAGE 31 SENATE BILL 54 5
CEREMONY MAY , FROM A DIFFERENT LOC ATION IN ANNE ARUNDEL COUNTY THAN 1
THE PARTIES TO BE MARRIED , PERFORM A MARRIAGE C EREMONY THROUGH THE 2
USE OF AN AUDIOVISUA L MEANS OF COMMUNICA TION IF THE PARTIES TO BE 3
MARRIED ARE BOTH PHY SICALLY PRESENT AT A SINGLE LOCATION IN ANNE 4
ARUNDEL COUNTY. 5
2–409. 6
(a) Each marriage certificate shall contain: 7
(1) the name, signature, and title of the authorized official who performs 8
the marriage ceremony; or 9
(2) if the individuals are married in a Society of Friends marriage 10
ceremony, the signatures of the individuals and the attestation of the certificate by [2] TWO 11
overseers of the marriage ceremony. 12
(b) (1) The authorized official who performs the marriage ceremony shall: 13
(i) 1. hand [1] ONE marriage certificate to the individuals; OR 14
2. FOR A MARRIAGE CEREM ONY PERFORMED IN 15
ACCORDANCE WITH THE PROVISIONS OF § 2–406(H)(2) OF THIS SUBTITLE , MAIL, 16
E–MAIL, OR DELIVER THE MARRI AGE CERTIFICATE TO T HE INDIVIDUALS BY 17
ANOTHER ELECTRONIC F ORMAT; and 18
(ii) return, within 5 days from the date of the marriage ceremony, 19
the other marriage certificate to the clerk who issued the license to which the certificates 20
were attached, but if the authorized official who performs the marriage ceremony dies or 21
resigns, some other individual shall return the certificate. 22
(2) If the individuals are married in a Society of Friends marriage 23
ceremony, they: 24
(i) may keep [1] ONE marriage certificate; and 25
(ii) within 5 days from the date of the marriage ceremony, shall 26
return the other marriage certificate to the clerk who issued the license to which the 27
certificates were attached. 28
(c) If the marriage certificate is not returned within 6 months after the date on 29
which the license becomes effective, the clerk who issued the license shall attempt to 30
determine whether the marriage ceremony was performed and, if so, the name of the 31
authorized official who performed the marriage ceremony. 32
(d) (1) An individual who performs a marriage ceremony or who is married in 33 6 SENATE BILL 54
a Society of Friends marriage ceremony may not violate the provisions of subsection 1
(b)(1)(ii) or (2)(ii) of this section. 2
(2) An individual who violates any provision of this subsection is guilty of 3
a misdemeanor and on conviction is subject to a fine in an amount that the court considers 4
appropriate. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2022. 7