SENATE BILL 395

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Richard C. Martinez and Zachary J. Cook

AN ACT

RELATING TO MARRIAGE LICENSES; CHANGING PROCEDURES FOR COLLECTION OF SOCIAL SECURITY NUMBERS; CLARIFYING PROCEDURES RELATED TO RESTRICTIONS ON MARRIAGE FOR MINORS; CLARIFYING PROCEDURES FOR ISSUANCE OF A MARRIAGE LICENSE; PERMITTING COUNTY CLERKS TO REISSUE OR CORRECT MARRIAGE LICENSE DOCUMENTS; PROVIDING THAT MEDICAL EVALUATION LANGUAGE SHALL NOT BE PRINTED ON THE APPLICATION UNTIL NEW RULES ARE ADOPTED; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 27-1-10 NMSA 1978 (being Laws 1997, Chapter 237, Section 15) is amended to read:

     "27-1-10. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR USE IN CHILD SUPPORT ENFORCEMENT.--

          A. The state [must] shall have and use procedures requiring that the social security number of:

                (1) any applicant for a professional license, commercial driver's license or occupational license [or marriage license] be recorded on the application;

                (2) any applicant for a marriage license be collected and placed in the records maintained by the county clerk;

                [(2)] (3) any person who is subject to a divorce decree, support order or paternity determination or acknowledgment be placed in the records relating to the matter; and

                [(3)] (4) any person who has died be placed in the records relating to the death and be recorded on the death certificate.

          B. The collection and use of social security numbers shall be made available to the state Title IV-D agency for use in child support enforcement."

     SECTION 2. Section 40-1-6 NMSA 1978 (being Laws 1876, Chapter 31, Section 2, as amended) is amended to read:

     "40-1-6. RESTRICTIONS ON MARRIAGE OF MINORS.--

          A. The county clerk shall not issue a marriage license to any person sixteen or seventeen years of age, and no person authorized by the laws of this state to [celebrate] solemnize marriages shall knowingly unite in marriage [(1)] any person [under the age of eighteen] sixteen or seventeen years [without the consent of his parent or guardian; or

                (2) any person under the age of sixteen years with or without the consent of his parent or guardian] of age, unless the minor first receives the written consent of each of the minor's living parents as shown on the minor's certificate of birth, or the district court has authorized the marriage of the person for good cause shown, and a certified copy of the order is filed with the county clerk.

          B. The county clerk shall not issue a marriage license to any person under sixteen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person under sixteen years of age, unless the children's or family court division of the district court [may authorize] has first authorized the marriage of [persons under the ages stated in Subsection A of this section] the person in settlement of proceedings to compel support and establish parentage, or where the female is under the age of consent and is pregnant, [if the marriage would not be incestuous] and a certified copy of the order is filed with the county clerk."

     SECTION 3. Section 40-1-10 NMSA 1978 (being Laws 1905, Chapter 65, Section 1, as amended) is amended to read:

     "40-1-10. LICENSE REQUIRED--COUNTY CLERK.--

          A. Each couple desiring to marry in New Mexico shall first obtain a license from a county clerk and, following the ceremony, file [the same] it for recording in the county issuing the license. [following the marriage ceremony. Except as provided in Section 57-1-6 NMSA 1953, a county clerk shall issue no license for the marriage of any person under the age of majority without the consent of his parent or guardian. It shall be the duty of each county clerk to require the affidavit of at least two reliable persons who are acquainted with the age of the applicant for license, as to the age of whom a county clerk may be in doubt, and the failure of any county clerk to perform his duty under this section shall be grounds for the removal of the county clerk from office in the manner provided for the removal from office of county officers for misfeasance or malfeasance in office.] To obtain a license, the couple shall appear in person at the office of the county clerk that is issuing the license and provide sufficient identification to satisfy the county clerk as to each person's identity and qualification to receive a marriage license pursuant to Chapter 40, Article 1 NMSA 1978.

          B. On application to the district court, the district court for good cause shown may authorize a person unable to appear in person to obtain a license from the county clerk, and a certified copy of the order shall be filed with the county clerk.

          C. Pursuant to Section 27-1-10 NMSA 1978, the county clerk shall collect the social security number of any applicant for a marriage license; provided that collection of a social security number is not a prerequisite to issuing a marriage license. Social security numbers collected pursuant to this subsection shall be made available to the state Title IV-D agency and to no other person."

     SECTION 4. Section 40-1-15 NMSA 1978 (being Laws 1905, Chapter 65, Section 4, as amended) is amended to read:

     "40-1-15. CERTIFICATION--RECORDING--CORRECTIONS.--[Sec. 14.]

          A. It [shall be] is the duty of all persons [performing the] solemnizing the contract of marriage [ceremony] in this state [as herein provided] to certify [said] the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring that the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of [said] the certificate cause [the same] it to be properly recorded and indexed in a permanent record [book kept for that purpose] as a part of the county records.

          B. The county clerk may correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk."

     SECTION 5. Section 40-1-17 NMSA 1978 (being Laws 1905, Chapter 65, Section 7, as amended) is amended to read:

     "40-1-17. APPLICATION--LICENSE--CERTIFICATE--FORM.--[Sec. 17.] To insure a uniform system of records of all marriages [hereafter] contracted and the better preservation of [said record] the records for future reference, the form of application, license and certificate [provided herein] shall be substantially as [follows] provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the clerk's office [All such blanks to be provided free of cost by the county for public use]; provided that the medical evaluation language shall not be printed on the application until such time as the secretary of health issues new rules pursuant to Section 40-1-11 NMSA 1978."

     SECTION 6. REPEAL.--Section 40-1-5 NMSA 1978 (being Laws 1862-1863, p. 64, as amended) is repealed.

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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