city marriage license; fees

Purpose

Allows the local clerk to retain $1.50 of the fee for the issuance of a marriage license.

Background

According to statute, a marriage license is sufficient authority for any authorized person to solemnize a marriage and expires one year from the date of issuance. After the marriage ceremony, the license must be signed by both persons married, two of the witnesses to the ceremony and the person who solemnized the marriage, who is responsible for the return of the marriage license to the clerk of the superior court for recording.

Pursuant to statute, persons shall not be joined in marriage in this State until a license has been obtained from the clerk of the superior court in any county of the State. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the local clerk to issue marriage licenses. The license requires a fee of $50 and the local clerk is responsible for transmitting the license to the clerk of the superior court. H.B. 2236 allows the local clerk to use $1.50 of the fee to cover postage and handling costs.

There is no fiscal impact to the state general fund associated with this legislation.

Provisions

1. Allows the local clerk issuing a marriage license to retain $1.50 of the fee.

2. Makes technical changes.

3. Provides for a general effective date.

House Action

RGO 1/22/02 DPA 9-0-0-1-0

3^rd Read 3/18/02 49-5-6-0

Prepared by Senate Staff