As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 519 5
1999-2000 6
REPRESENTATIVES WILLIAMS-CATES-NETZLEY-HOOD-SCHULER-VAN VYVEN- 8
JOLIVETTE-GRENDELL-HOOPS-TAYLOR-COUGHLIN-ROMAN-ALLEN 9
_________________________________________________________________ 10
A B I L L
To amend section 3101.05 and to enact section 12
3101.051 of the Revised Code to eliminate the 13
requirement that social security numbers be 14
included on marriage licenses and to require
probate courts, except under certain 15
circumstances, to delete social security numbers 16
and maiden names of the mothers of the parties to
a marriage from records pertaining to marriage 17
licenses when those records are requested. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3101.05 be amended and section 23
3101.051 of the Revised Code be enacted to read as follows: 24
Sec. 3101.05. (A) The parties to a marriage shall make an 34
application for a marriage license not less than five nor more 35
than thirty days before a license is issued. Each of the persons 36
seeking a marriage license shall personally appear in the probate 37
court within the county where either resides, or, if neither is a 38
resident of this state, where the marriage is expected to be 39
solemnized. If neither party is a resident of this state, the 40
marriage may be solemnized only in the county where the license 41
is obtained. Each party shall make application and shall state 42
upon oath, the party's name, age, residence, place of birth, 44
occupation, social security number, father's name, and mother's 45
maiden name, if known, and the name of the person who is expected 46
to solemnize the marriage. If either party has been previously 47
2
married, the application shall include the names of the parties 48
to any previous marriage and of any minor children, and if 49
divorced the jurisdiction, date, and case number of the decree. 50
If either applicant is under the age of eighteen years, the judge 51
shall require the applicants to state that they received marriage 52
counseling satisfactory to the court.
Immediately upon receipt of an application for a marriage 54
license, the court shall place the parties' record in a book kept 55
for that purpose. After the expiration of five and not more than 56
thirty days from the date of the application, if the probate 57
judge is satisfied that there is no legal impediment and if one 58
or both of the parties are present, the probate judge shall grant 60
the marriage license. 61
If the judge is satisfied from the affidavit of a reputable 63
physician in active practice and residing in the county where the 65
probate court is located, that one of the parties is unable to 66
appear in court, by reason of illness or other physical 67
disability, a marriage license may be granted upon application 68
and oath of the other party to the contemplated marriage; but in 69
that case the person who is unable to appear in court, at the 71
time of making application for a marriage license, shall make and 72
file in that court, an affidavit setting forth the information 74
required of applicants for a marriage license. For good cause 75
shown, the probate judge may waive this section with respect to 76
the period between the application and the issuance of a marriage 77
license and may grant the marriage license at any time after the 78
application.
Each A marriage license issued shall include NOT DISPLAY 81
the social security number of each EITHER party to the marriage, 82
as stated on the marriage license application.
(B) An applicant for a marriage license who knowingly 84
makes a false statement in an application or affidavit prescribed 86
by this section is guilty of falsification under section 2921.13 87
of the Revised Code.
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(C) No licensing officer shall issue a marriage license if 89
the officer has not received the application, affidavit, or other 91
statements prescribed by this section or if the officer has 92
reason to believe that any of the statements in a marriage 93
license application or in an affidavit prescribed by this section 94
is false. 95
(D) Any fine collected for violation of this section shall 97
be paid to the use of the county together with the costs of 98
prosecution. 99
Sec. 3101.051. UPON RECEIVING A REQUEST FOR RECORDS 101
PERTAINING TO THE ISSUANCE OF MARRIAGE LICENSES, A PROBATE COURT 102
SHALL FURNISH COPIES OF THE RECORDS AS PROVIDED UNDER SECTION 103
149.43 OF THE REVISED CODE, EXCEPT THAT THE COURT SHALL DELETE OR 105
OTHERWISE REMOVE ANY SOCIAL SECURITY NUMBERS AND THE MAIDEN NAMES 106
OF THE MOTHERS OF THE PARTIES TO A MARRIAGE SO THAT THEY ARE NOT 107
AVAILABLE TO THE PERSON REQUESTING THE RECORDS. THIS SECTION 108
DOES NOT APPLY IN ANY OF THE FOLLOWING CIRCUMSTANCES: 109
(A) THE RECORDS ARE REQUESTED BY THE DIVISION OF CHILD 111
SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5101.31 112
OF THE REVISED CODE. 113
(B) THE RECORDS ARE REQUESTED BY LAW ENFORCEMENT PERSONNEL 115
FOR PURPOSES OF A CRIMINAL INVESTIGATION. 116
(C) THE RECORDS WITH THE SOCIAL SECURITY NUMBERS AND 118
MOTHERS' MAIDEN NAMES ARE NECESSARY FOR USE IN A CIVIL OR 119
CRIMINAL TRIAL IF THE RELEASE OF THE RECORDS WITH THE SOCIAL 120
SECURITY NUMBERS AND MOTHERS' MAIDEN NAMES IS ORDERED BY A COURT 121
WITH JURISDICTION OVER THE TRIAL.
(D) THE RECORDS ARE REQUESTED BY EITHER PARTY TO THE 123
MARRIAGE TO WHICH THE RECORDS PERTAIN. 124
Section 2. That existing section 3101.05 of the Revised 127
Code is hereby repealed.