SENATE BILL 39
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO DOMESTIC AFFAIRS; REQUIRING THAT SOLEMNIZATION OF A MARRIAGE BE PERFORMED BY A NOTARY PUBLIC OR NOTARIAL OFFICER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 40-1-2 NMSA 1978 (being Laws 1859-1860, p. 120, as amended) is amended to read:
"40-1-2. MARRIAGES SOLEMNIZED--ORDAINED CLERGY OR CIVIL MAGISTRATES MAY SOLEMNIZE--NOTARY PUBLIC OR OFFICER REQUIREMENT.--
A. The civil contract of marriage is entered into when solemnized as provided in Chapter 40, Article 1
NMSA 1978. As used in Chapter 40, Article 1 NMSA 1978, "solemnize" means to join in marriage before witnesses by means of a ceremony.
B. A person who is an ordained member of the clergy or who is an authorized representative of a federally recognized Indian nation, tribe or pueblo may solemnize the contract of marriage without regard to sect or rites and customs the person may practice.
C. Active or retired judges, justices and magistrates of any of the courts established by the constitution of New Mexico, United States constitution, laws of the state or laws of the United States are civil magistrates having authority to solemnize contracts of marriage. Civil magistrates solemnizing contracts of marriage shall charge no fee therefor.
D. A person, other than an authorized representative of a federally recognized Indian nation, tribe or pueblo, who is otherwise authorized to solemnize a contract of marriage pursuant to this section shall be authorized to perform notarial acts as a notary public or notarial officer pursuant to the Revised Uniform Law on Notarial Acts at the time solemnization of a marriage contract is sought."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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