45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO COUNTY CLERKS; CHANGING THE MARRIAGE LICENSE FEE; ELIMINATING THE PHYSICAL EXAM REQUIREMENT FOR A MARRIAGE LICENSE; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
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] MARRIAGE LICENSE FEE.--[A.]
Before [any] a county clerk issues [any] a 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. 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
of health and environment department.
B. The certificate of the physician shall be on a
form to be provided and distributed by the health services
division 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.] the county clerk shall receive a fee of
[twenty-five dollars ($25.00)] forty dollars ($40.00) for
issuing, acknowledging and recording [a] the 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."
Section 2. Section 40-1-18 NMSA 1978 (being Laws 1961, Chapter 99, Section 1) is amended to read:
"40-1-18. FORM OF APPLICATION, LICENSE AND CERTIFICATE.--
No._________________
State of New Mexico)
County of ) ss. TO THE COUNTY CLERK
[STATEMENTS
RECEIVED AND FILED IN COUNTY CLERK'S OFFICE
at _______ o'clock ______m.
_____________ 19 _____
DATE OF PREMARITAL PHYSICAL EXAMINATION
Bride________________________________
Groom________________________________
COUNTY CLERK___________________COUNTY
By ____________________________Deputy
To the County Clerk:] We the undersigned hereby make
application to be united in marriage and certify that we are
not related within the degree prohibited by the laws of this
state; that neither is bound by marriage to another; that
there exists no legal impediment to this marriage; and that
the information contained herein is correct.
Male Applicant Female Applicant
Date of Birth Date of Birth
____________________________ ______________________________
Place of Birth Place of Birth
___________________________ ______________________________
Present Address____________ Present Address_______________
___________________________ ______________________________ Signature Signature
Subscribed and sworn to before me this _______________day
of ______________________ A.D. [19] 20__________.
(seal)
_________________________ By_____________________Deputy
Signature County Clerk
CONSENT OF PARENT OR GUARDIAN (where either party is under age)
I, the parent (guardian) of ____________________________,
hereby consent to the granting of a license to marry, waiving the question of minority.
______________________________
Signature Parent (Guardian)
I, the parent (guardian) of ____________________________,
hereby consent to the granting of a license to marry, waiving the question of minority.
______________________________
Signature Parent (Guardian)
State of New Mexico,)
County of __________) ss.
To any Person Authorized by Law to Perform the Marriage Ceremony:
Greeting:
You are hereby authorized to join in marriage ___________ of _________________________ and ___________________________of __________________________ and of this license you will make due return to my office within the time prescribed by law.
Witness my hand and the seal of said [court] office at
___________ this _______________ day of
____________________________, [19] 20__________.
______________________________
County Clerk
Recorded ______________, [19] 20_______, at
_______________m.
In marriage record book no. _____________, page _________
__________________________
County Clerk
State of New Mexico,)
County of ___________ ) ss.
I hereby certify that on the ______ day of _____________,
A.D., [19] 20______, at __________________________in said
county and state, I, the undersigned, a _____________________,
did join in the Holy Bonds of Matrimony in accordance with the
laws of the State of New Mexico and the authorization of the
foregoing license ___________________of __________________ and
____________________________ of __________________________.
Witness my hand and seal the day and year last above written.
______________________________
(Official Title)
WITNESSES:
_________________________________________
_________________________________________
Signed __________________Groom. Signed ________________Bride.
Recorded this ______________ day of ____________________,
A.D., [19] 20_______, at ___________ m.
Marriage Record Book No. ___________, Page No. __________ ______________________________
County Clerk.""
Section 3. REPEAL.--Section 40-1-12 NMSA 1978 (being Laws 1957, Chapter 33, Section 2) is repealed.