SENATE BILL 304

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO DOMESTIC AFFAIRS; WAIVING THE FEE FOR OBTAINING A MARRIAGE LICENSE FOR THOSE WHO COMPLETE PREMARITAL COUNSELING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 40-1-11 NMSA 1978 (being Laws 1957, Chapter 33, Section 1, as amended) is amended to read:

     "40-1-11. CERTIFICATE REQUIRED.--

          A. Before any county clerk issues any marriage license, each applicant for a marriage license shall file with the county clerk a certificate from a physician licensed to practice medicine, which certificate shall state that the applicant has had those tests and examinations as required by regulation of the [health and environment] department of health. Such tests and examinations shall be made not more than thirty days prior to the date of application for license. The certificate shall state that medical evaluation or that treatment, as indicated, has been made such that there is no bar to marriage, as specified by the regulations of the [health and environment] department of health.

          B. The certificate of the physician shall be on a form to be provided and distributed by the public health [services] division of the department of health to all officers authorized to issue marriage licenses and to all physicians within the state.

          C. The secretary of health [and environment] shall make rules and regulations and employ personnel necessary to effectuate the purposes of Sections 40-1-11 through 40-1-13 NMSA 1978. If regulations require a laboratory test, it shall be done in a laboratory approved by the secretary of health [and environment].

          D. A county clerk shall accept, in lieu of the physician's certificate, a certificate from any other state having premarital laws, if issued within the time limits prescribed in Subsection A of this section and if such laws meet the regulations of the secretary of health [and environment].

          E. Except as provided in Subsection F of this section, the county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust fund.

          F. The county clerk shall waive the entirety of a fee for issuing, acknowledging and recording a marriage license and marriage certificate on presentation of proof that the applicant has completed no less than six hours of premarital counseling or relationship training or education. The counseling shall be in no less than three separate sessions and shall be conducted by one or more of the following:

                (1) a licensed marriage and family therapist;

                (2) a licensed psychiatrist or a licensed psychologist;

                (3) a licensed professional clinical mental health counselor;

                (4) a licensed independent social worker;

                (5) an official representative of a religious institution or the representative's designee; or

                (6) a marriage educator."

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