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As Passed by the House
123rd General Assembly
|Am. Sub. H. B. No. 519|
To amend section 3101.05 and to enact section 3101.051
of the Revised Code to eliminate the requirement that social
security numbers be included on marriage licenses and to require
probate courts, except under certain circumstances, to delete
social security numbers of the parties to a
marriage from records pertaining to marriage
licenses when those records are made available for inspection by the public.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3101.05 be amended and
section 3101.051 of the Revised Code be enacted to read as
Sec. 3101.05. (A) The parties to a marriage shall make
an application for a marriage license not less than five nor
more than thirty days before a license is issued. Each of the
persons seeking a marriage license shall personally appear in the
probate court within the county where either resides, or, if
neither is a resident of this state, where the marriage is
expected to be solemnized. If neither party is a resident of
this state, the marriage may be solemnized only in the county
where the license is obtained. Each party shall make application
and shall state upon oath, the party's name, age, residence,
birth, occupation, social security number, father's name, and
mother's maiden name, if known, and the name of the person who is
expected to solemnize the marriage. If either party has been
previously married, the application shall include the names of
the parties to any previous marriage and of any minor children,
and if divorced the jurisdiction, date, and case number of the
decree. If either applicant is under the age of eighteen years,
the judge shall require the applicants to state that they
received marriage counseling satisfactory to the court.
Immediately upon receipt of an application for a marriage
license, the court shall place the parties' record in a book kept
for that purpose. After the expiration of five and not more than
thirty days from the date of the application, if the probate
judge is satisfied that there is no legal impediment and if one
or both of the parties are present, the probate judge shall
grant the marriage
If the judge is satisfied from the affidavit of a reputable
physician in active practice and residing in the county
where the probate court is located, that
one of the parties is unable to appear in court, by reason of
illness or other physical disability, a marriage license may be
granted upon application and oath of the other party to the
contemplated marriage; but in that case the person who
is unable to
appear in court, at the time of making application for a marriage
license, shall make and file in that court, an affidavit
forth the information required of applicants for a marriage
license. For good cause shown, the probate judge may waive this
section with respect to the period between the application and
the issuance of a marriage license and may grant the marriage
license at any time after the application.
Each A marriage license issued shall include NOT
DISPLAY the social security number of each EITHER party to
the marriage , as stated on the marriage license application.
(B) An applicant for a marriage license who knowingly makes a false
statement in an
application or affidavit prescribed by this section is guilty of
falsification under section 2921.13 of the Revised Code.
(C) No licensing officer shall issue a marriage license if
the officer has not received the application, affidavit,
or other statements prescribed by this section or
if the officer has reason to believe that any of the
statements in a marriage license application or in an affidavit prescribed by
this section is
(D) Any fine collected for violation of this section shall
be paid to the use of the county together with the costs of
Sec. 3101.051. A PROBATE COURT SHALL MAKE AVAILABLE TO ANY PERSON FOR
RECORDS PERTAINING TO THE ISSUANCE OF MARRIAGE LICENSES AS PROVIDED UNDER
SECTION 149.43 OF THE REVISED
EXCEPT THAT THE COURT SHALL DELETE OR OTHERWISE REMOVE ANY SOCIAL
OF THE PARTIES TO A
MARRIAGE SO THAT THEY ARE NOT AVAILABLE TO THE PERSON INSPECTING THE RECORDS.
THIS SECTION DOES NOT APPLY IN ANY OF
THE FOLLOWING CIRCUMSTANCES:
(A) THE RECORDS ARE INSPECTED BY AUTHORIZED PERSONNEL OF THE
DIVISION OF CHILD SUPPORT IN
THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5101.31 OF THE
(B) THE RECORDS ARE INSPECTED BY LAW ENFORCEMENT PERSONNEL FOR
PURPOSES OF A CRIMINAL INVESTIGATION.
(C) THE RECORDS WITH THE SOCIAL SECURITY NUMBERS
ARE NECESSARY FOR USE IN A CIVIL OR CRIMINAL TRIAL IF THE RELEASE
OF THE RECORDS WITH THE SOCIAL SECURITY NUMBERS IS
ORDERED BY A COURT WITH JURISDICTION OVER THE TRIAL.
(D) THE RECORDS ARE INSPECTED BY EITHER PARTY TO THE MARRIAGE
TO WHICH THE RECORDS PERTAIN.
Section 2. That existing section 3101.05 of the
Revised Code is hereby repealed.