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(123rd General Assembly)(Substitute House Bill Number 519)
AN ACT
To amend section 3101.05 and to enact section 3101.051
of the Revised Code to eliminate the requirement that social
security numbers be included on marriage licenses; to authorize probate courts
to use a reference number as an alternative to social security numbers on
marriage licenses; to require
probate courts, except under certain circumstances, to delete
social security numbers of the parties to a
marriage from records pertaining to marriage
licenses when those records are made available for inspection by the public;
and to eliminate the limitation on the period of time after application is
made during which a marriage license may be issued.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 3101.05 be amended and
section 3101.051 of the Revised Code be enacted to read as
follows:
Sec. 3101.05. (A) The parties to a marriage shall make
an application for a marriage license not less than five nor
more than thirty days before a license is issued. Each of the
persons seeking a marriage license shall personally appear in the
probate court within the county where either resides, or, if
neither is a resident of this state, where the marriage is
expected to be solemnized. If neither party is a resident of
this state, the marriage may be solemnized only in the county
where the license is obtained. Each party shall make application
and shall state upon oath, the party's name, age, residence,
place of
birth, occupation, social security number, father's name, and
mother's maiden name, if known, and the name of the person who is
expected to solemnize the marriage. If either party has been
previously married, the application shall include the names of
the parties to any previous marriage and of any minor children,
and if divorced the jurisdiction, date, and case number of the
decree. If either applicant is under the age of eighteen years,
the judge shall require the applicants to state that they
received marriage counseling satisfactory to the court. except as
otherwise provided in this division, the APPLICATION
also shall include each party's social security number. in lieu of
requiring each party's social security number on the APPLICATION,
the court may obtain each party's social security number,
retain the social security numbers in a separate record, and allow a number
other
than the social SECURITY number to be used on the APPLICATION for
reference purposes. if a court allows the use of a number other
than the social security number to be used on the application for
reference purposes, the record containing the social security
number is not a public record, except that, in any of the
circumstances set forth in divisions (a)(1) to (4) of section
3101.051 of the Revised Code, the record containing the social
security number shall be made AVAILABLE for inspection under section
149.43 of the Revised Code. Immediately upon receipt of an application for a marriage
license, the court shall place the parties' record in a book kept
for that purpose. After the expiration of five and not more than
thirty days from the date of the application, if If the probate
judge is satisfied that there is no legal impediment and if one
or both of the parties are present, the probate judge shall
grant the marriage
license. If the judge is satisfied from the affidavit of a reputable
physician in active practice and residing in the county
where the probate court is located, that
one of the parties is unable to appear in court, by reason of
illness or other physical disability, a marriage license may be
granted upon application and oath of the other party to the
contemplated marriage; but in that case the person who
is unable to
appear in court, at the time of making application for a marriage
license, shall make and file in that court, an affidavit
setting
forth the information required of applicants for a marriage
license. For good cause shown, the A probate judge may waive
this
section with respect to the period between the application and
the issuance of a marriage license and may grant the A
marriage
license under this section at any time after the application is
made. Each A marriage license issued shall include not
display the social security number of each either party to
the marriage, as stated on the marriage license application.
(B) An applicant for a marriage license who knowingly makes a false
statement in an
application or affidavit prescribed by this section is guilty of
falsification under section 2921.13 of the Revised Code. (C) No licensing officer shall issue a marriage license if
the officer has not received the application, affidavit,
or other statements prescribed by this section or
if the officer has reason to believe that any of the
statements in a marriage license application or in an affidavit prescribed by
this section is
are false. (D) Any fine collected for violation of this section shall
be paid to the use of the county together with the costs of
prosecution. Sec. 3101.051. (a) except as provided in division (b)
of
this SECTION,
A probate court shall make available to any person for
inspection the
records pertaining to the issuance of marriage licenses as provided under
section 149.43 of the Revised
Code. (b) before it makes available to a person any
records pertaining
to the issuance of a marriage license as described in division (a)
of this section, subject to division (c) of this section, a
probate court shall delete or otherwise remove any social
security numbers
of the parties to a
marriage so that they are not available to the person inspecting the records. (C) Division (B) of this section does not apply in any
of
the following circumstances: (1) If The records in question are inspected by authorized personnel of
the
division of child support in
the department of job and family services under section 5101.31 of the
Revised Code; (2) If The records in question are inspected by law enforcement personnel
for
purposes of a criminal investigation; (3) If the records in question with the social security numbers
are necessary for use in a civil or criminal trial and the release
of the records with the social security numbers is
ordered by a court with jurisdiction over the trial; (4) If the records in question are inspected by either party to the
marriage
to which the records pertain; (5) if the court possessed the records in question prior to the
effective date of this section. SECTION 2 . That existing section 3101.05 of the
Revised Code is hereby repealed.
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