Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB325 Compare Versions

Only one version of the bill is available at this time.
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5353 STATE OF OKLAHOMA
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5555 1st Session of the 58th Legislature (2021)
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5757 SENATE BILL 325 By: Burns
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6363 AS INTRODUCED
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6565 An Act relating to marriage; amending 43 O.S. 2011,
6666 Section 7, which relates to solemni zation of
6767 marriages; prohibiting requirement for filing of
6868 certain credentials or authority; requiring
6969 destruction of certain records; prohib iting retention
7070 of copies of certain rec ords; and providing an
7171 effective date.
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7777 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7878 SECTION 1. AMENDATORY 43 O.S. 2011, Section 7, is
7979 amended to read as follows:
8080 Section 7. A. All marriages must be contracted by a formal
8181 ceremony performed or solemnized in the presence of at least two
8282 adult, competent persons as witnesses, by a ju dge or retired judge
8383 of any court in this state, or an orda ined or authorized preacher or
8484 minister of the Gospel, priest or other ec clesiastical dignitary of
8585 any denomination who has been duly ordained or authorized by the
8686 church to which he or she belongs to preach the Gospel, or a rabbi
8787 and who is at least eight een (18) years of age.
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139139 B. 1. The judge shall place his or her order of appointment on
140140 file with the office of the court clerk of the county in w hich he or
141141 she resides.
142142 2. The No preacher, minister, priest, rabbi, or ecclesiastical
143143 dignitary who is a resident of this state shall have filed, in the
144144 office of the court clerk of the county in which he or she resides,
145145 a copy of the be required to file any credentials or authority from
146146 his or her church or synagogue authorizing him or her to solemnize
147147 marriages. Any such credentials or authority filed in the office of
148148 the court clerk in any county in this state prior to the effective
149149 date of this act shall be destroyed by the office of the court clerk
150150 and no copies of such cred entials or authority shall be retained in
151151 any format by any governmental entity.
152152 3. The preacher, minist er, priest, rabbi, or ecclesiastical
153153 dignitary who is not a resident of th is state, but has complied with
154154 the laws of the state of which he or she is a resident, shall have
155155 filed once, in the office of the court clerk of the county in which
156156 he or she intends to perform or solemnize a marriage, a copy of the
157157 credentials or author ity from his or her church or synagogue
158158 authorizing him or her to solemnize marriages.
159159 4. The filing by resident or nonresident preachers, ministers,
160160 priests, rabbis, ecclesiastical dignitaries or judges shall be
161161 effective in and for all counties of this state; provided, no fee
162162 shall be charged for such r ecording.
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214214 C. No person herein authorized to perform or solemnize a
215215 marriage ceremony shall do so unless the license issued therefo r be
216216 first delivered into his or her possession nor unless he or she has
217217 good reason to believe the persons presenting themse lves before him
218218 or her for marriage are the identical persons named in the license,
219219 and for whose marriage the same was issued, and that there is no
220220 legal objection or impediment to such marriage.
221221 D. Marriages between persons belonging to the society call ed
222222 Friends, or Quakers, the spiritual assembly of the Baha ’is, or the
223223 Church of Jesus Christ of Latter Day Saints, which have no or dained
224224 minister, may be solemnized by the persons and in the manner
225225 prescribed by and practiced in any such society, church , or
226226 assembly.
227227 SECTION 2. This act shall become effective No vember 1, 2021.
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229229 58-1-976 TEK 1/8/2021 4:22:05 PM