As Reported by the Senate Judiciary 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-SULLIVAN-CAREY-BUCHY- 10
DAMSCHRODER-TIBERI-HARRIS-JAMES-KRUPINSKI-BOYD-HOLLISTER-MOTTLEY- 11
AMSTUTZ-FLANNERY-PRINGLE-BARRETT-SENATORS OELSLAGER-LATTA 12
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A B I L L
To amend section 3101.05 and to enact section 16
3101.051 of the Revised Code to eliminate the 17
requirement that social security numbers be 18
included on marriage licenses; to authorize
probate courts to use a reference number as an 19
alternative to social security numbers on
marriage licenses; to require probate courts, 21
except under certain circumstances, to delete
social security numbers of the parties to a 22
marriage from records pertaining to marriage 23
licenses when those records are made available 24
for inspection by the public; and to eliminate 25
the limitation on the period of time after
application is made during which a marriage 26
license may be issued.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That section 3101.05 be amended and section 31
3101.051 of the Revised Code be enacted to read as follows: 32
Sec. 3101.05. (A) The parties to a marriage shall make an 42
application for a marriage license not less than five nor more 43
than thirty days before a license is issued. Each of the persons 44
seeking a marriage license shall personally appear in the probate 45
2
court within the county where either resides, or, if neither is a 46
resident of this state, where the marriage is expected to be 47
solemnized. If neither party is a resident of this state, the 48
marriage may be solemnized only in the county where the license 49
is obtained. Each party shall make application and shall state 50
upon oath, the party's name, age, residence, place of birth, 52
occupation, social security number, father's name, and mother's 53
maiden name, if known, and the name of the person who is expected 54
to solemnize the marriage. If either party has been previously 55
married, the application shall include the names of the parties 56
to any previous marriage and of any minor children, and if 57
divorced the jurisdiction, date, and case number of the decree. 58
If either applicant is under the age of eighteen years, the judge 59
shall require the applicants to state that they received marriage 60
counseling satisfactory to the court. EXCEPT AS OTHERWISE 61
PROVIDED IN THIS DIVISION, THE APPLICATION ALSO SHALL INCLUDE 62
EACH PARTY'S SOCIAL SECURITY NUMBER. IN LIEU OF REQUIRING EACH 63
PARTY'S SOCIAL SECURITY NUMBER ON THE APPLICATION, THE COURT MAY 64
OBTAIN EACH PARTY'S SOCIAL SECURITY NUMBER, RETAIN THE SOCIAL 65
SECURITY NUMBERS IN A SEPARATE RECORD, AND ALLOW A NUMBER OTHER 66
THAN THE SOCIAL SECURITY NUMBER TO BE USED ON THE APPLICATION FOR 67
REFERENCE PURPOSES. IF A COURT ALLOWS THE USE OF A NUMBER OTHER 68
THAN THE SOCIAL SECURITY NUMBER TO BE USED ON THE APPLICATION FOR 69
REFERENCE PURPOSES, THE RECORD CONTAINING THE SOCIAL SECURITY 70
NUMBER IS NOT A PUBLIC RECORD, EXCEPT THAT, IN ANY OF THE 71
CIRCUMSTANCES SET FORTH IN DIVISIONS (A)(1) TO (4) OF SECTION 72
3101.051 OF THE REVISED CODE, THE RECORD CONTAINING THE SOCIAL 73
SECURITY NUMBER SHALL BE MADE AVAILABLE FOR INSPECTION UNDER 74
SECTION 149.43 OF THE REVISED CODE. 75
Immediately upon receipt of an application for a marriage 77
license, the court shall place the parties' record in a book kept 78
for that purpose. After the expiration of five and not more than 79
thirty days from the date of the application, if IF the probate 80
judge is satisfied that there is no legal impediment and if one 81
3
or both of the parties are present, the probate judge shall grant 83
the marriage license. 84
If the judge is satisfied from the affidavit of a reputable 86
physician in active practice and residing in the county where the 88
probate court is located, that one of the parties is unable to 89
appear in court, by reason of illness or other physical 90
disability, a marriage license may be granted upon application 91
and oath of the other party to the contemplated marriage; but in 92
that case the person who is unable to appear in court, at the 94
time of making application for a marriage license, shall make and 95
file in that court, an affidavit setting forth the information 97
required of applicants for a marriage license. For good cause 98
shown, the
A probate judge may waive this section with respect to the 102
period between the application and the issuance of a marriage 103
license and may grant the A marriage license UNDER THIS SECTION 105
at any time after the application IS MADE. 106
Each A marriage license issued shall include NOT DISPLAY 109
the social security number of each EITHER party to the marriage, 110
as stated on the marriage license application.
(B) An applicant for a marriage license who knowingly 112
makes a false statement in an application or affidavit prescribed 114
by this section is guilty of falsification under section 2921.13 115
of the Revised Code.
(C) No licensing officer shall issue a marriage license if 117
the officer has not received the application, affidavit, or other 119
statements prescribed by this section or if the officer has 120
reason to believe that any of the statements in a marriage 121
license application or in an affidavit prescribed by this section 122
is ARE false. 123
(D) Any fine collected for violation of this section shall 125
be paid to the use of the county together with the costs of 126
prosecution. 127
Sec. 3101.051. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 130
4
THIS SECTION, A PROBATE COURT SHALL MAKE AVAILABLE TO ANY PERSON 132
FOR INSPECTION THE RECORDS PERTAINING TO THE ISSUANCE OF MARRIAGE 134
LICENSES AS PROVIDED UNDER SECTION 149.43 OF THE REVISED CODE. 136
(B) BEFORE IT MAKES AVAILABLE TO A PERSON ANY RECORDS 139
PERTAINING TO THE ISSUANCE OF A MARRIAGE LICENSE AS DESCRIBED IN 140
DIVISION (A) OF THIS SECTION, SUBJECT TO DIVISION (C) OF THIS 141
SECTION, A PROBATE COURT SHALL DELETE OR OTHERWISE REMOVE ANY 142
SOCIAL SECURITY NUMBERS OF THE PARTIES TO A MARRIAGE SO THAT THEY 145
ARE NOT AVAILABLE TO THE PERSON INSPECTING THE RECORDS.
(C) DIVISION (B) OF THIS SECTION DOES NOT APPLY IN ANY OF 148
THE FOLLOWING CIRCUMSTANCES: 149
(1) IF THE RECORDS IN QUESTION ARE INSPECTED BY AUTHORIZED 151
PERSONNEL OF THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF 154
JOB AND FAMILY SERVICES UNDER SECTION 5101.31 OF THE REVISED 155
CODE;
(2) IF THE RECORDS IN QUESTION ARE INSPECTED BY LAW 157
ENFORCEMENT PERSONNEL FOR PURPOSES OF A CRIMINAL INVESTIGATION; 159
(3) IF THE RECORDS IN QUESTION WITH THE SOCIAL SECURITY 161
NUMBERS ARE NECESSARY FOR USE IN A CIVIL OR CRIMINAL TRIAL AND 162
THE RELEASE OF THE RECORDS WITH THE SOCIAL SECURITY NUMBERS IS 163
ORDERED BY A COURT WITH JURISDICTION OVER THE TRIAL; 164
(4) IF THE RECORDS IN QUESTION ARE INSPECTED BY EITHER 166
PARTY TO THE MARRIAGE TO WHICH THE RECORDS PERTAIN; 168
(5) IF THE COURT POSSESSED THE RECORDS IN QUESTION PRIOR 170
TO THE EFFECTIVE DATE OF THIS SECTION. 171
Section 2. That existing section 3101.05 of the Revised 174
Code is hereby repealed.