As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-SULLIVAN-CAREY-BUCHY- 10
DAMSCHRODER-TIBERI-HARRIS-JAMES-KRUPINSKI-BOYD-HOLLISTER-MOTTLEY- 11
AMSTUTZ-FLANNERY-PRINGLE-BARRETT 12
_________________________________________________________________ 13
A B I L L
To amend section 3101.05 and to enact section 15
3101.051 of the Revised Code to eliminate the 16
requirement that social security numbers be 17
included on marriage licenses and to require
probate courts, except under certain 18
circumstances, to delete social security numbers 19
of the parties to a marriage from records 20
pertaining to marriage licenses when those 21
records are made available for inspection by the
public.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 3101.05 be amended and section 26
3101.051 of the Revised Code be enacted to read as follows: 27
Sec. 3101.05. (A) The parties to a marriage shall make an 37
application for a marriage license not less than five nor more 38
than thirty days before a license is issued. Each of the persons 39
seeking a marriage license shall personally appear in the probate 40
court within the county where either resides, or, if neither is a 41
resident of this state, where the marriage is expected to be 42
solemnized. If neither party is a resident of this state, the 43
marriage may be solemnized only in the county where the license 44
is obtained. Each party shall make application and shall state 45
2
upon oath, the party's name, age, residence, place of birth, 47
occupation, social security number, father's name, and mother's 48
maiden name, if known, and the name of the person who is expected 49
to solemnize the marriage. If either party has been previously 50
married, the application shall include the names of the parties 51
to any previous marriage and of any minor children, and if 52
divorced the jurisdiction, date, and case number of the decree. 53
If either applicant is under the age of eighteen years, the judge 54
shall require the applicants to state that they received marriage 55
counseling satisfactory to the court.
Immediately upon receipt of an application for a marriage 57
license, the court shall place the parties' record in a book kept 58
for that purpose. After the expiration of five and not more than 59
thirty days from the date of the application, if the probate 60
judge is satisfied that there is no legal impediment and if one 61
or both of the parties are present, the probate judge shall grant 63
the marriage license. 64
If the judge is satisfied from the affidavit of a reputable 66
physician in active practice and residing in the county where the 68
probate court is located, that one of the parties is unable to 69
appear in court, by reason of illness or other physical 70
disability, a marriage license may be granted upon application 71
and oath of the other party to the contemplated marriage; but in 72
that case the person who is unable to appear in court, at the 74
time of making application for a marriage license, shall make and 75
file in that court, an affidavit setting forth the information 77
required of applicants for a marriage license. For good cause 78
shown, the probate judge may waive this section with respect to 79
the period between the application and the issuance of a marriage 80
license and may grant the marriage license at any time after the 81
application.
Each A marriage license issued shall include NOT DISPLAY 84
the social security number of each EITHER party to the marriage, 85
as stated on the marriage license application.
3
(B) An applicant for a marriage license who knowingly 87
makes a false statement in an application or affidavit prescribed 89
by this section is guilty of falsification under section 2921.13 90
of the Revised Code.
(C) No licensing officer shall issue a marriage license if 92
the officer has not received the application, affidavit, or other 94
statements prescribed by this section or if the officer has 95
reason to believe that any of the statements in a marriage 96
license application or in an affidavit prescribed by this section 97
is false. 98
(D) Any fine collected for violation of this section shall 100
be paid to the use of the county together with the costs of 101
prosecution. 102
Sec. 3101.051. A PROBATE COURT SHALL MAKE AVAILABLE TO ANY 104
PERSON FOR INSPECTION THE RECORDS PERTAINING TO THE ISSUANCE OF 106
MARRIAGE LICENSES AS PROVIDED UNDER SECTION 149.43 OF THE REVISED 107
CODE, EXCEPT THAT THE COURT SHALL DELETE OR OTHERWISE REMOVE ANY 109
SOCIAL SECURITY NUMBERS OF THE PARTIES TO A MARRIAGE SO THAT THEY 112
ARE NOT AVAILABLE TO THE PERSON INSPECTING THE RECORDS. THIS 113
SECTION DOES NOT APPLY IN ANY OF THE FOLLOWING CIRCUMSTANCES: 114
(A) THE RECORDS ARE INSPECTED BY AUTHORIZED PERSONNEL OF 116
THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF HUMAN SERVICES 118
UNDER SECTION 5101.31 OF THE REVISED CODE. 119
(B) THE RECORDS ARE INSPECTED BY LAW ENFORCEMENT PERSONNEL 121
FOR PURPOSES OF A CRIMINAL INVESTIGATION. 122
(C) THE RECORDS WITH THE SOCIAL SECURITY NUMBERS ARE 125
NECESSARY FOR USE IN A CIVIL OR CRIMINAL TRIAL IF THE RELEASE OF 126
THE RECORDS WITH THE SOCIAL SECURITY NUMBERS IS ORDERED BY A 127
COURT WITH JURISDICTION OVER THE TRIAL.
(D) THE RECORDS ARE INSPECTED BY EITHER PARTY TO THE 129
MARRIAGE TO WHICH THE RECORDS PERTAIN. 130
Section 2. That existing section 3101.05 of the Revised 133
Code is hereby repealed.