As Passed by the Senate                       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           


_________________________________________________________________   14           

                          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.