46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MARRIAGE LICENSES; PERMITTING COUNTY CLERKS TO RECEIVE ALL MARRIAGE LICENSE AND MARRIAGE CERTIFICATE FEE REVENUES.

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] 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]. The certificate shall state that the applicant has had [those] the tests and examinations [as] required by [regulation] rule of the [health and environment] department [Such] of health. The 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] rules 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 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] rules 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] the laws meet the [regulations] rules of the secretary of health [and environment].

E. 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.]"