Marriage certificates.

2017
STATE OF WYOMING
17LSO-0035
Introduced
1.4

HOUSE BILL

NO.

HB0099

Marriage certificates.

Sponsored by:
Representative(s) Lindholm, Clem, Laursen and Pelkey and Senator(s) Boner and Hicks

A BILL

for

AN ACT relating to domestic relations; removing the requirement for obtaining a marriage license prior to the solemnization of a marriage; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S 18
‑
3
‑
402(
a)(ii)
and
(xvi)(F),
20
‑
1
‑
102(b) and (c), 20
‑
1
‑
105, 20
‑
1
‑
107(b) and by creating a new subsection (d) and 35
‑
1
‑
422 are amended to read:

18
‑
3
‑
402
.

Duties generally.

(a)

The county clerk shall:

(ii)

Keep a book in which are entered all licenses
, except marriage licenses,
giving the names of the persons to whom such licenses are issued with the date, amount and purpose for which the license was issued;

(xvi)

Collect and remit to the county treasurer the following fees:

(F)

Recording a m
arriage
license
certificate
.........................................

30.00

20
‑
1
‑
102
.

Minimum marriageable age; exception; parental consent.

(b)

All marriages involving a person
under
sixteen (16) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage
.

and
authorizes the county clerk to issue a license therefor.

(c)

When either party is a minor, no
license
marriage certificate
shall be
granted
recorded
without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

20
‑
1
‑
105
.

Judge may order
certificate
issued.

(a)

If any county clerk refuses to
issue a license to marry,
record a marriage certificate
or i
n case of circumstances arising which would necessitate the waiver of any one (1) or more of the requirements of W.S. 20
‑
1
‑
102 and
20
‑
1
‑
103(
b) and (c)
20
‑
1
‑
107
, either
applicant for the license
party
may apply to the district court of the county for the

issuance of a license
recording of a marriage certificate
without compliance with one (1) or more of those requirements. If the judge finds that a
license
marriage
certificate
should be
issued
recorded
,
or such circumstances exist that it is proper that any one (1) or more of the requirements should be waived, the judge may order in writing the
issuance of the license
recording of a
marriage certificate
. Upon the order of the judge being filed with the county clerk, the county clerk shall
issue the license
record the certificate
at the time specified in the order. No fee or court costs shall be charged or taxed for the order.

(b)

If either party is
under
sixteen (16) years of age, the parents or guardians may apply to any judge of a court of record in the county of residence of the minor for an order authorizing the marriage
.

and
directing the issuance of a marriage license.

If the judge believes it advisable, he shall enter an order authorizing the marriage
.

and
directing the county clerk to issue a license. Upon filing of a certified copy of the order with the county clerk, the county clerk shall issue a license and endorse thereon the fact of the issuance of the order.

No person authorized to perform marriage ceremonies in Wyoming shall perform any marriage ceremony if either party is under the age specified by this subsection unless
the license contains the endorsement
authorized by an order of the court
.

(c)

Before issuing the order provided by this section the judge may require affidavits or other proof of the competency of the parties or of any other facts necessitating or making the order advisable. The order may be in substantially the following form:

I ...., the undersigned ...., a judge of
the ....

court
, a court of record in and for ....
county
, Wyoming, hereby order that
a marriage license may issue to
the
s
tate of Wyoming legally recognizes the right to enter into a marriage for
....
of ....
(
address
) and ....
of ....
(
address
) on the ....
day
of .... (
year
) Date: .....

20
‑
1
‑
107
.

Certificate of marriage.

(b)

The county clerk of each county in the state shall record all
returns of marriages
returned marriage certificates that have been properly filled out by the parties married, witnesses and the person who solemnized the marriage
in a book kept for that purpose within one (1) month after receipt.

(d)

Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20
‑
1
‑
105, the clerk shall refuse to record a marriage certificate if
:

(i)

Either of the parties is legally incompetent to enter into a marriage contract according to the law of their state of residence
;

(ii)

There is any legal impediment
; or

(iii)

Either party is a minor and the consent of
the father, mother, guardian or person having the care and control of the minor
has not been given.

35
‑
1
‑
422
.

Marriage registration.

(a)

Beginning July 1, 2017, a
record of each marriage
performed

in the state shall be filed with the state registrar of vital records as provided in this section. The
officer who issues the marriage license
county clerk
shall
prepare the certificate on the form
provide
unmarked
marriage certificates
furnished by the state registrar of vital records upon
the basis of information obtained
request
from
either of
the parties to be married
.
, as provided by W.S. 20
‑
1
‑
103 and signed by the bride and groom.

(b)

Every person who performs a marriage shall certify the fact of marriage
and
file the record with the officer who issued the license within ten (10) days after the ceremony
.
This certificate shall be signed by the witnesses to the ceremony, one (1) copy of which shall be given to the parties so married

on the marriage certificate. The parties married
may
return the certificate to be recorded by the

county clerk of the county where the marriage took place
.

No marriage
performed in Wyoming
will be recognized by the state unless a marriage certificate has been filed with the county clerk.
Every
office issuing marriage licenses
county clerk
shall
complete and
record the marriage certificate and

forward to the state registrar of vital records on or before the tenth day of each calendar month
copies of

the certificates of marriage
filed with
recorde
d
by

him during the preceding calendar month.

(c)

All marriage licenses properly filed pursuant to the law applicable when the license was filed and before July 1, 2018 shall be recognized as valid
.

Section 2
.

W.S.

18
‑
3
‑
402(
a)(xvi)(G) and

20
‑
1
‑
103
are
repealed.

Section 3
.

This act is effective July 1, 2017
.

(END)

1
HB0099