45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO COUNTY CLERKS; CHANGING THE MARRIAGE LICENSE FEE; ELIMINATING THE PHYSICAL EXAM REQUIREMENT FOR A MARRIAGE LICENSE; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 40-1-11 NMSA 1978 (being Laws 1957, Chapter 33, Section 1, as amended) is amended to read:

"40-1-11. [CERTIFICATE REQUIRED] MARRIAGE LICENSE FEE.--[A.] Before [any] a county clerk issues [any] a marriage license, [each applicant for a marriage license shall file with the county clerk a certificate from a physician licensed to practice medicine, which certificate shall state that the applicant has had those tests and examinations as required by regulation of the health and environment department. Such tests and examinations shall be made not more than thirty days prior to the date of application for license. The certificate shall state that medical evaluation or that treatment, as indicated, has been made such that there is no bar to marriage, as specified by the regulations of the of health and environment department.

B. The certificate of the physician shall be on a form to be provided and distributed by the health services division to all officers authorized to issue marriage licenses and to all physicians within the state.

C. The secretary of health and environment shall make rules and regulations and employ personnel necessary to effectuate the purposes of Sections 40-1-11 through 40-1-13 NMSA 1978. If regulations require a laboratory test, it shall be done in a laboratory approved by the secretary of health and environment.

D. A county clerk shall accept, in lieu of the physician's certificate, a certificate from any other state having premarital laws, if issued within the time limits prescribed in Subsection A of this section and if such laws meet the regulations of the secretary of health and environment.

E.] the county clerk shall receive a fee of [twenty-five dollars ($25.00)] forty dollars ($40.00) for issuing, acknowledging and recording [a] the marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust fund."

Section 2. Section 40-1-18 NMSA 1978 (being Laws 1961, Chapter 99, Section 1) is amended to read:

"40-1-18. FORM OF APPLICATION, LICENSE AND CERTIFICATE.--

No._________________

State of New Mexico)

County of ) ss.           TO THE COUNTY CLERK

[STATEMENTS

        RECEIVED AND FILED   IN COUNTY CLERK'S OFFICE

                     at _______ o'clock ______m.

            _____________ 19 _____

DATE OF PREMARITAL PHYSICAL EXAMINATION

               Bride________________________________

               Groom________________________________

               COUNTY CLERK___________________COUNTY

               By ____________________________Deputy

To the County Clerk:] We the undersigned hereby make application to be united in marriage and certify that we are not related within the degree prohibited by the laws of this state; that neither is bound by marriage to another; that there exists no legal impediment to this marriage; and that the information contained herein is correct.

Male Applicant Female Applicant

Date of Birth               Date of Birth

____________________________ ______________________________

Place of Birth         Place of Birth

___________________________ ______________________________

Present Address____________ Present Address_______________

___________________________ ______________________________ Signature Signature

Subscribed and sworn to before me this _______________day

of ______________________ A.D. [19] 20__________.

(seal)

_________________________ By_____________________Deputy

Signature County Clerk

CONSENT OF PARENT OR GUARDIAN (where either party is under age)

I, the parent (guardian) of ____________________________,

hereby consent to the granting of a license to marry, waiving the question of minority.

______________________________

Signature Parent (Guardian)

I, the parent (guardian) of ____________________________,

hereby consent to the granting of a license to marry, waiving the question of minority.

______________________________

Signature Parent (Guardian)

State of New Mexico,)

County of __________) ss.

To any Person Authorized by Law to Perform the Marriage Ceremony:

Greeting:

You are hereby authorized to join in marriage ___________ of _________________________ and ___________________________of __________________________ and of this license you will make due return to my office within the time prescribed by law.

Witness my hand and the seal of said [court] office at ___________ this _______________ day of ____________________________, [19] 20__________.

______________________________

County Clerk

Recorded ______________, [19] 20_______, at _______________m.

In marriage record book no. _____________, page _________

__________________________

             County Clerk

State of New Mexico,)

County of ___________ ) ss.

I hereby certify that on the ______ day of _____________,

A.D., [19] 20______, at __________________________in said county and state, I, the undersigned, a _____________________, did join in the Holy Bonds of Matrimony in accordance with the laws of the State of New Mexico and the authorization of the foregoing license ___________________of __________________ and ____________________________ of __________________________.

Witness my hand and seal the day and year last above written.

______________________________

(Official Title)

WITNESSES:

_________________________________________

_________________________________________

Signed __________________Groom. Signed ________________Bride.

Recorded this ______________ day of ____________________,

A.D., [19] 20_______, at ___________ m.

Marriage Record Book No. ___________, Page No. __________ ______________________________

County Clerk.""

Section 3. REPEAL.--Section 40-1-12 NMSA 1978 (being Laws 1957, Chapter 33, Section 2) is repealed.