Oklahoma 2022 Regular Session

Oklahoma House Bill HB3075 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3075 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3075 By: Culver of the House
	32	+
	33	+	and
	34	+
	35	+	Jech of the Senate
	36	+
	37	+
	38	+
	39	+
	40	+	An Act relating to marriage; amending 43 O.S. 2021,
	41	+	Sections 5, 6, 7, 8, and 20, which relate to marriage
	42	+	licenses and certificates; providing for a reissued
	43	+	marriage certificate if name is erroneous or
	44	+	misspelled; requiring notation that the certificate
	45	+	is reissued or amended; mandating certain married
	46	+	name changes; prohibiting entirely different name
	47	+	change using a marriage certificate ; requiring
	48	+	compliance with certain name change petition process;
	49	+	modifying contents of marriage licenses; modifying
	50	+	timing for completion of marriage ceremony and return
	51	+	of certain documents; del eting residency requirement
	52	+	for marriage officiant; directing officiant to
	53	+	certify credentials or authority on the marriage
	54	+	certificate; striking court clerk filing requirement
	55	+	for officiant; providing for transmission of marriage
	56	+	license and certificate to court clerk within certain
	57	+	time; requiring issuance of marriage licenses to all
	58	+	legally eligible persons; prescribing time
	59	+	requirements for valid marriage lic ense and ceremony;
	60	+	mandating return of marriage license and certificate
	61	+	within sixty days of issuance; repealing 43 O.S.
	62	+	2021, Sections 19 and 36, which relate to marriage
	63	+	licenses; and providing an effective date .
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	65	+
	66	+
	67	+
	68	+	AMENDMENT NO. 1. Page 9, line 12, delete after the word “than” and
	69	+	before the word “days”, the word “sixty (60)” and
	70	+	insert the word “thirty (30)”
	71	+
	72	+	and amend the title to conform
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	101	+	Passed the Senate the 26th day of April, 2022.
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	105	+	Presiding Officer of the Senate
	106	+
	107	+
	108	+	Passed the House of Representatives the ____ day of __________,
	109	+	2022.
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	113	+	Presiding Officer of the House
	114	+	of Representatives
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	116	+	ENGR. H. B. NO. 3075 Page 1 1
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	141	+	ENGROSSED HOUSE
3	142		BILL NO. 3075 By: Culver of the House
4	143
5	144		and
6	145
7	146		Jech of the Senate
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14	153		An Act relating to marriage; amending 43 O.S. 2021,
15	154		Sections 5, 6, 7, 8, and 20, which relate to marriage
16	155		licenses and certificates; providing for a reissued
17	156		marriage certificate if name is erroneous or
18	157		misspelled; requiring notation that the certificate
19	158		is reissued or amended; mandating certain married
20	159		name changes; prohibiting entirely different name
21	160		change using a marriage certificate ; requiring
22	161		compliance with certain name change petition process;
23	162		modifying contents of marriage licenses; modifying
24	163		timing for completion of marriage ceremony and return
25	164		of certain documents; del eting residency requirement
26	165		for marriage officiant; directing officiant to
27	166		certify credentials or authority on the marriage
28	167		certificate; striking court clerk filing requirement
29	168		for officiant; providing for transmission of marriage
30	169		license and certificate to court clerk within certain
31	170		time; requiring issuance of marriage licenses to all
32	171		legally eligible persons; prescribing time
33	172		requirements for valid marriage license and ceremony;
34	173		mandating return of marriage license and certificate
35		-	within ~~thirty~~ days of issuance; repealing 43 O.S.
	174	+	within sixty days of issuance; repealing 43 O.S.
36	175		2021, Sections 19 and 36, which relate to marriage
37	176		licenses; and providing an effective date .
38	177
39	178
40	179
41	180
42		-	SUBJECT: Marriage
43		-
44	181		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
45		-	ENR. H. B. NO. 3075 Page 2
46	182		SECTION 1. AMENDATORY 43 O.S. 2021, Section 5, is
47	183		amended to read as follows:
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48	209
49	210		Section 5. A. Persons desiring to be married in this state
50	211		shall submit an application in writing signed and sworn to in pe rson
51	212		before the clerk of the district court b y both of the parties
52	213		setting forth:
53		-
54	214		1. The place of residence of each party;
55		-
56	215		2. The full legal name and the age of each party as they appear
57	216		upon or are calculable from a certified copy of the birth
58	217		certificate, the current driver license or identificat ion card, the
59	218		current passport or visa, or any other certificate, license or
60	219		document issued by or existing pursuan t to the laws of any nation or
61	220		of any state, or political subdivision thereof, accepted as proof of
62	221		identity and age;
63		-
64	222		3. For each party, the full name by which the party w ill be
65	223		known after the marriage as provided in subsection E of this
66	224		section, which shall become the full legal name of th e party upon
67	225		the filing of the marriage license and certifi cate with the court,
68	226		as required by law; prov ided, however, a marriage certificate issued
69	227		prior to June 8, 2006 , or any marriage certificate which contains an
70	228		erroneous or misspelled name of a part y, shall be reissued upon
71	229		request by the certificate holder to include the information
72	230		required by this paragraph. Such reissued certificate shall reflect
73	231		the original marriage date and shall be signed by the court cle rk
74	232		with a notation by the clerk that the certificate is "reissued" or
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75	259		"amended". Signatures of the officiant and original w itnesses shall
76	260		not be required;
77		-
78	261		4. That the parties are not disqualified from or incapable of
79	262		entering into the marriage relation; and
80		-
81	263		5. Whether the parties have succ essfully completed a premarital
82	264		counseling program.
83		-
84	265		B. 1. Upon application pursuant t o this section and the
85	266		payment of fees as provided in Section 31 of Title 28 of the
86	267		Oklahoma Statutes, if the clerk of the district court is satisfied
87	268		of the truth and sufficiency of the application and that there is no
88	269		legal impediment to such marriage, t he court clerk shall issue the
89	270		marriage license authorizing the marriage and a marriage
90		-	certificate, which shall be incorporated as one document. As ~~ENR. H. B. NO. 3075 Page 3~~
	271	+	certificate, which shall be incorporated as one document. As
91	272		required by law, the marriage certificate shall be completed
92	273		immediately following the marriage, and the m arriage license and
93	274		certificate shall be returned to the court clerk.
94		-
95	275		2. Parties to be married and who pr esent a certificate to the
96	276		clerk of the district court that sta tes the parties have completed
97	277		the premarital counseling pr ogram pursuant to Section 5. 1 of this
98	278		title shall be entitled to pay a reduced fee for a marriage license
99	279		in an amount provided in Sec tion 31 of Title 28 of the Oklahoma
100	280		Statutes.
101		-
102	281		C. In the event that one or both of the parties are under legal
103	282		age, the application shall have been on file in the court clerk's
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104	309		office for a period of not less than seventy -two (72) hours prior to
105	310		issuance of the marriage license.
106		-
107	311		D. The marriage license shall be valid in any county within the
108	312		state.
109		-
110	313		E. On the marriage certif icate, the full name by which a party
111	314		shall be known after marriage may be any combination of the legal
112	315		first, middle, and last names, given names and surnames , of either
113	316		party, including segments of names or initials, with or without
114	317		hyphens. However, th e marriage certificate shall no t be used to
115	318		change the name of a party to an entirely different name which is
116	319		not derived from the leg al name of either party . The party shall
117	320		petition for a name change using the process established in Section
118	321		1631 of Title 12 of the Oklahoma Statutes.
119		-
120	322		F. The provisions hereof are mandatory and not direct ory except
121	323		under the circumstances set out in the provisions of Section 3 o f
122	324		this title.
123		-
124	325		SECTION 2. AMENDATORY 43 O.S. 2021, Section 6, is
125	326		amended to read as follows:
126		-
127	327		Section 6. A. The marriage license provided for in this title
128	328		shall contain:
129		-
130	329		1. The date of its issuance;
131		-
132	330		2. The name of the court iss uing the license, and the name of
133	331		the city or town and county in which the court is located;
134		-	ENR. H. B. NO. 3075 Page 4
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135	358		3. The full legal names of the persons authorize d to be married
136	359		by the license, the full legal names by which the persons will be
137	360		known after the marriage, subject to the provisions of Section 5 of
138	361		this title, their ages, and their places of residence;
139		-
140	362		4. Directions to any person authorized by law to p erform and
141	363		solemnize the marriage ceremony;
142		-
143	364		5. The date number of days by which the completed marriage
144	365		ceremony shall be completed and the number of d ays by which the
145	366		certificate, along with the marriage licen se, shall be returned to
146	367		the judge or court clerk, which shall not be more than thirty (30)
147	368		days from the date of its issuance as provided in Section 20 of this
148	369		title; and
149		-
150	370		6. Any other information, declarations, seals and signatures,
151	371		as required by law.
152		-
153	372		B. The marriage certificate provided for in th is title shall
154	373		contain appropriate wording and blanks to be completed and endorsed,
155	374		as required by Section 8 of th is title, by the person solemnizing or
156	375		performing the marriage ceremony, the witnesses, and the persons who
157	376		have been married.
158		-
159	377		SECTION 3. AMENDATORY 43 O.S. 2021, Section 7, is
160	378		amended to read as follows:
161		-
162	379		Section 7. A. All marriages must be contracted by a formal
163	380		ceremony performed or solemnized in the presence of at least two
164	381		adult, competent persons as witnesses, by a judge or retired judge
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165	408		of any court in this state, or an orda ined or authorized preac her or
166	409		minister of the Gospel, priest or other ecclesiastical d ignitary of
167	410		any denomination who has been duly ordained or authorized by the
168	411		church to which he or she be longs to preach the Gospel, or a rabbi
169	412		and who is at least eight een (18) years of age.
170		-
171	413		B. 1. The judge shall pla ce his or her order of appointment on
172	414		file with the office of the court clerk of the county in w hich he or
173	415		she resides.
174		-
175	416		2. The preacher, mini ster, priest, rabbi, or ecclesiastical
176	417		dignitary who is a resident of this state shall have filed, in the
177	418		office of the court clerk of the county in wh ich he or she resides,
178		-	a copy of the certify on the ~~marriage~~ certificate that he or she ~~ENR. H. B. NO. 3075 Page 5~~
	419	+	a copy of the certify on the marriag e certificate that he or she
179	420		holds credentials or authority from his or her church or synagogue
180	421		authorizing him or her to solemnize ma rriages.
181		-
182	422		3. The preacher, minister, priest, rabbi, or ecclesia stical
183	423		dignitary who is not a resident of this state, but h as complied with
184	424		the laws of the state of whic h he or she is a resident, shall have
185	425		filed once, in the office of the court clerk of th e county in which
186	426		he or she intends to perform or solemnize a m arriage, a copy of the
187	427		credentials or authority from his or her church or synagogue
188	428		authorizing him or he r to solemnize marriages.
189		-
190	429		4. The filing by resident or nonresident preachers, ministers ,
191	430		priests, rabbis, ecclesi astical dignitaries or judges shall b e
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192	457		effective in and for all counties of this state; provided , no fee
193	458		shall be charged for such recording.
194		-
195	459		C. No person herein authorized to perform or solemnize a
196	460		marriage ceremony shall do so unless the license issued therefor be
197	461		first delivered into his or her possession nor unless he or she has
198	462		good reason to believe the persons presenting themselves befor e him
199	463		or her for marriage are the identical persons named in the license,
200	464		and for whose marriage the same was issu ed, and that there is no
201	465		legal objection or impediment to such marriage.
202		-
203	466		D. Marriages between p ersons belonging to the society called
204	467		Friends, or Quakers, the spiritual assembly of the Baha 'is, or the
205	468		Church of Jesus Christ of La tter Day Saints, which hav e no ordained
206	469		minister, may be solemn ized by the persons and in the manner
207	470		prescribed by and pra cticed in any such society, church, or
208	471		assembly.
209		-
210	472		SECTION 4. AMENDATORY 43 O.S. 2021, Section 8, is
211	473		amended to read as follows:
212		-
213	474		Section 8. A. The person performing or sol emnizing the
214	475		marriage ceremony shall, immediately upon the completion of the
215	476		ceremony, endorse upon the l icense authorizing the marriage:
216		-
217	477		1. His or her name and official or cleric al designation;
218		-
219	478		2. The court of which he or she is the judge, or the
220	479		congregation or body of which he or she is pastor, preacher,
221	480		minister, priest, rabbi or dignitary; provided, that the authority
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222	507		to perform or solemnize marriages shall be coextensive w ith the
223		-	congregation or body of which he or she is pastor, preacher, ~~ENR. H. B. NO. 3075 Page 6~~
	508	+	congregation or body of which he or she is pastor, preacher,
224	509		minister, priest, rabbi or dignitary; provided further, that all
225	510		marriages solemnized among the society called F riends or Quakers,
226	511		the spiritual assembly of the Baha 'is, or the Church of Jesus Christ
227	512		of Latter-day Latter Day Saints, in the form heretofore practiced
228	513		and in use in their meetings shall be good and valid. One person
229	514		chosen by such society, assembly, or church sha ll be responsible for
230	515		completing the marriage certificate pursuant to this section in the
231	516		same manner as a minister or other person authorized to perform
232	517		marriages;
233		-
234	518		3. The town or city and county wher e the court, congregation,
235	519		body, society, assembly, or church is located; and
236		-
237	520		4. His or her signature along with his or her off icial or
238	521		clerical designation.
239		-
240	522		B. The witnesses to the ceremony shall endorse the marriage
241	523		certificate, attesting to their pres ence at the ceremony, with their
242	524		names and post office addresses.
243		-
244	525		C. The persons who have been married in the ceremony shall
245	526		endorse the marriage certificate with the nam es by which they are to
246	527		be known from the time of the marriage, as evidenced on the m arriage
247	528		license.
248		-
249	529		D. The marriage license, along wi th the completed marriage
250	530		certificate shall be transmitted without delay to the judge or the
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251	557		court clerk who issued the license and certificate for recording
252	558		within the time period required in Section 20 of this title.
253		-
254	559		SECTION 5. AMENDATORY 43 O.S. 2021, Section 20, is
255	560		amended to read as follows:
256		-
257	561		Section 20. A. Marriage licenses shall be issued t o all
258	562		applicants who are entitled under the laws of the State of Oklahoma
259	563		to apply for a marriage license and contr act matrimony. Once
260	564		issued, the marriage license shall be valid for thirty (30) days and
261	565		the marriage ceremony sha ll be performed no later t han thirty (30)
262	566		days from the date the license is issued. The marriage license and
263	567		completed marriage certificate shall be returned to the c ourt clerk
264		-	for recording no later than ~~thirty~~ (30) days from the date the
	568	+	for recording no later than sixty (60) days from the date the
265	569		license was issued.
266		-
267	570		B. The time within which an act is to be done, as provided for
268		-	in Title 43 of the Oklahoma Statutes, shall be computed by excluding ~~ENR. H. B. NO. 3075 Page 7~~
	571	+	in Title 43 of the Oklahoma Statutes, shall be computed by excluding
269	572		the first day and including the last day. If the last day is a
270	573		legal holiday as defined by Sect ion 82.1 of Title 25 of the Oklahoma
271	574		Statutes, it shall be excluded. The provisions of this section are
272	575		hereby declared to be a clari fication of the law as it existed prior
273	576		to the effective date of this act June 1, 2000, and shall not be
274	577		considered or construed to be a change of the law as it existed
275	578		prior to the effective date of this act June 1, 2000. Any action or
276	579		proceeding arising under Title 43 of the Oklahoma Statutes prior to
277	580		the effective date of this act June 1, 2000, for which a
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	597	+	16
	598	+	17
	599	+	18
	600	+	19
	601	+	20
	602	+	21
	603	+	22
	604	+	23
	605	+	24
	606	+
278	607		determination of the period of time pr escribed by this section is in
279	608		question or has been in question due to the enactment of Section 20,
280	609		Chapter 293, O.S.L. 1999, 2006 of Title 12 of the Ok lahoma Statutes
281	610		shall be governed by the method for computation of time as
282	611		prescribed by this sectio n.
283		-
284	612		SECTION 6. REPEALER 43 O.S. 2021, Sections 19 and 36,
285	613		are hereby repealed.
286		-
287	614		SECTION 7. This act shall become effective November 1, 2022.
288		-	~~ENR.~~ ~~H. B.~~ ~~NO. 3075~~ ~~Page 8~~
289		-	~~Passed the House of Representatives the 9th day of May,~~ 2022.
	615	+	Passed the House of Representatives the 21st day of February,
	616	+	2022.
290	617
291	618
292	619
293	620
294	621		Presiding Officer of the House
295	622		of Representatives
296	623
297	624
298		-	Passed the Senate the ~~26th~~ day of ~~April~~, 2022.
	625	+	Passed the Senate the ___ day of __________, 2022.
299	626
300	627
301	628
302	629
303	630		Presiding Officer of the Senate
304	631
305	632
306	633
307		-	OFFICE OF THE GOVERNOR
308		-	Received by the Office of the Governor this ____________________
309		-	day of __________________ _, 20_______, at _______ o'clock _______ M.
310		-	By: _________________________________
311		-	Approved by the Governor of the State of Oklahoma this _____ ____
312		-	day of ___________________, 20_______, at _______ o'clock _______ M.
313		-
314		-
315		-	_________________________________
316		-	Governor of the State of Oklahoma
317		-
318		-	OFFICE OF THE SECRETARY OF STATE
319		-	Received by the Office of the Secretary of State this __________
320		-	day of ___________________, 20_______, at _______ o'clock _______ M.
321		-	By: _________________________________