130th Ohio General Assembly
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As Passed by the House

123rd General Assembly
Regular Session
1999-2000
Am. Sub. H. B. No. 519

REPRESENTATIVES WILLIAMS-CATES-NETZLEY-HOOD-SCHULER- VAN VYVEN-JOLIVETTE-GRENDELL-HOOPS-TAYLOR-COUGHLIN-ROMAN- ALLEN-SALERNO-WOMER BENJAMIN-WILLAMOWSKI-SULLIVAN-CAREY-BUCHY- DAMSCHRODER-TIBERI-HARRIS-JAMES-KRUPINSKI-BOYD-HOLLISTER-MOTTLEY- AMSTUTZ-FLANNERY-PRINGLE-BARRETT


A BILL
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 follows:

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, place of 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 license.

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 setting 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 false.

(D) Any fine collected for violation of this section shall be paid to the use of the county together with the costs of prosecution.

Sec. 3101.051. A PROBATE COURT SHALL MAKE AVAILABLE TO ANY PERSON FOR INSPECTION THE RECORDS PERTAINING TO THE ISSUANCE OF MARRIAGE LICENSES AS PROVIDED UNDER SECTION 149.43 OF THE REVISED CODE, EXCEPT THAT THE COURT SHALL DELETE OR OTHERWISE REMOVE ANY SOCIAL SECURITY NUMBERS 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 REVISED CODE.

(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.
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