As Reported by House Civil and Commercial Law Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 519 5
1999-2000 6
REPRESENTATIVES WILLIAMS-CATES-NETZLEY-HOOD-SCHULER- 9
VAN VYVEN-JOLIVETTE-GRENDELL-HOOPS-TAYLOR-COUGHLIN-ROMAN-
ALLEN-SALERNO-WOMER BENJAMIN-WILLAMOWSKI 10
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A B I L L
To amend section 3101.05 and to enact sections 13
3101.051 and 3105.73 of the Revised Code to 14
eliminate the requirement that social security 15
numbers be included on marriage licenses; to
require probate courts, except under certain 16
circumstances, to delete social security numbers 17
of the parties to a marriage from records 18
pertaining to marriage licenses when those 19
records are made available for inspection by the
public; and to require domestic relations courts, 21
except under certain circumstances, to delete 22
social security numbers, dates of birth, and bank 23
account and credit, debit, and charge card
numbers of the parties in domestic relations 24
cases from records pertaining to those cases when 25
those records are inspected.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 3101.05 be amended and sections 30
3101.051 and 3105.73 of the Revised Code be enacted to read as
follows: 31
Sec. 3101.05. (A) The parties to a marriage shall make an 41
application for a marriage license not less than five nor more 42
than thirty days before a license is issued. Each of the persons 43
seeking a marriage license shall personally appear in the probate 44
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court within the county where either resides, or, if neither is a 45
resident of this state, where the marriage is expected to be 46
solemnized. If neither party is a resident of this state, the 47
marriage may be solemnized only in the county where the license 48
is obtained. Each party shall make application and shall state 49
upon oath, the party's name, age, residence, place of birth, 51
occupation, social security number, father's name, and mother's 52
maiden name, if known, and the name of the person who is expected 53
to solemnize the marriage. If either party has been previously 54
married, the application shall include the names of the parties 55
to any previous marriage and of any minor children, and if 56
divorced the jurisdiction, date, and case number of the decree. 57
If either applicant is under the age of eighteen years, the judge 58
shall require the applicants to state that they received marriage 59
counseling satisfactory to the court.
Immediately upon receipt of an application for a marriage 61
license, the court shall place the parties' record in a book kept 62
for that purpose. After the expiration of five and not more than 63
thirty days from the date of the application, if the probate 64
judge is satisfied that there is no legal impediment and if one 65
or both of the parties are present, the probate judge shall grant 67
the marriage license. 68
If the judge is satisfied from the affidavit of a reputable 70
physician in active practice and residing in the county where the 72
probate court is located, that one of the parties is unable to 73
appear in court, by reason of illness or other physical 74
disability, a marriage license may be granted upon application 75
and oath of the other party to the contemplated marriage; but in 76
that case the person who is unable to appear in court, at the 78
time of making application for a marriage license, shall make and 79
file in that court, an affidavit setting forth the information 81
required of applicants for a marriage license. For good cause 82
shown, the probate judge may waive this section with respect to 83
the period between the application and the issuance of a marriage 84
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license and may grant the marriage license at any time after the 85
application.
Each A marriage license issued shall include NOT DISPLAY 88
the social security number of each EITHER party to the marriage, 89
as stated on the marriage license application.
(B) An applicant for a marriage license who knowingly 91
makes a false statement in an application or affidavit prescribed 93
by this section is guilty of falsification under section 2921.13 94
of the Revised Code.
(C) No licensing officer shall issue a marriage license if 96
the officer has not received the application, affidavit, or other 98
statements prescribed by this section or if the officer has 99
reason to believe that any of the statements in a marriage 100
license application or in an affidavit prescribed by this section 101
is false. 102
(D) Any fine collected for violation of this section shall 104
be paid to the use of the county together with the costs of 105
prosecution. 106
Sec. 3101.051. A PROBATE COURT SHALL MAKE AVAILABLE TO ANY 108
PERSON FOR INSPECTION THE RECORDS PERTAINING TO THE ISSUANCE OF 110
MARRIAGE LICENSES AS PROVIDED UNDER SECTION 149.43 OF THE REVISED 111
CODE, EXCEPT THAT THE COURT SHALL DELETE OR OTHERWISE REMOVE ANY 113
SOCIAL SECURITY NUMBERS OF THE PARTIES TO A MARRIAGE SO THAT THEY 116
ARE NOT AVAILABLE TO THE PERSON INSPECTING THE RECORDS. THIS 117
SECTION DOES NOT APPLY IN ANY OF THE FOLLOWING CIRCUMSTANCES: 118
(A) THE RECORDS ARE INSPECTED BY AUTHORIZED PERSONNEL OF 120
THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 122
UNDER SECTION 5101.31 OF THE REVISED CODE. 123
(B) THE RECORDS ARE INSPECTED BY LAW ENFORCEMENT PERSONNEL 125
FOR PURPOSES OF A CRIMINAL INVESTIGATION. 126
(C) THE RECORDS WITH THE SOCIAL SECURITY NUMBERS ARE 129
NECESSARY FOR USE IN A CIVIL OR CRIMINAL TRIAL IF THE RELEASE OF 130
THE RECORDS WITH THE SOCIAL SECURITY NUMBERS IS ORDERED BY A 131
COURT WITH JURISDICTION OVER THE TRIAL.
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(D) THE RECORDS ARE INSPECTED BY EITHER PARTY TO THE 133
MARRIAGE TO WHICH THE RECORDS PERTAIN. 134
Sec. 3105.73. A COURT SHALL MAKE AVAILABLE TO ANY PERSON 136
FOR INSPECTION THE RECORDS PERTAINING TO ANY ACTION INSTITUTED 137
UNDER THIS CHAPTER AS PROVIDED UNDER SECTION 149.43 OF THE 138
REVISED CODE, EXCEPT THAT THE COURT SHALL DELETE OR OTHERWISE 140
REMOVE ANY SOCIAL SECURITY NUMBERS, DATES OF BIRTH, AND BANK 141
ACCOUNT, DEBIT CARD, CHARGE CARD, AND CREDIT CARD NUMBERS OF THE 142
PARTIES TO THE ACTION SO THAT THEY ARE NOT AVAILABLE TO THE 143
PERSON INSPECTING THE RECORDS. THIS SECTION DOES NOT APPLY IN 144
ANY OF THE FOLLOWING CIRCUMSTANCES:
(A) THE RECORDS ARE INSPECTED BY AUTHORIZED PERSONNEL OF 146
THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 147
UNDER SECTION 5101.31 OF THE REVISED CODE. 148
(B) THE RECORDS ARE INSPECTED BY LAW ENFORCEMENT PERSONNEL 150
FOR PURPOSES OF A CRIMINAL INVESTIGATION. 151
(C) THE RECORDS WITH THE SOCIAL SECURITY NUMBERS, DATES OF 153
BIRTH, AND BANK ACCOUNT, DEBIT CARD, CHARGE CARD, AND CREDIT CARD 154
NUMBERS ARE NECESSARY FOR USE IN A CIVIL OR CRIMINAL TRIAL IF THE 156
RELEASE OF THE RECORDS WITH THE SOCIAL SECURITY NUMBERS, DATES OF 157
BIRTH, AND BANK ACCOUNT, DEBIT CARD, CHARGE CARD, AND CREDIT CARD 158
NUMBERS IS ORDERED BY A COURT WITH JURISDICTION OVER THE TRIAL. 159
(D) THE RECORDS ARE INSPECTED BY EITHER PARTY TO THE 161
ACTION TO WHICH THE RECORDS PERTAIN OR BY THAT PARTY'S ATTORNEY. 162
Section 2. That existing section 3101.05 of the Revised 165
Code is hereby repealed.