SENATE BILL 1050

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Dianna J. Duran

AN ACT

RELATING TO DOMESTIC AFFAIRS; WAIVING THE MARRIAGE LICENSE AND MARRIAGE CERTIFICATE FEE FOR PERSONS WHO HAVE COMPLETED PREMARITAL EDUCATION.

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] rule 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] 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 laws meet the [regulations] rules 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. Applicants who have completed at least twelve hours of premarital education are not required to pay a marriage license and marriage certificate fee. In order to receive a license and certificate at no charge, the applicants shall provide a dated statement signed by the person who provided the premarital education. The statement shall include the legal names of the applicants as they will appear on the marriage license and certificate, confirmation that the applicants received at least twelve hours of premarital education and the name, contact information, professional title and state license number, if applicable, of the person who provided the premarital education. The premarital education shall be provided by a member of the clergy, licensed psychiatrist, licensed psychologist, licensed marriage and family therapist, licensed independent social worker or licensed professional clinical mental health counselor. The education shall include the use of a premarital inventory and the teaching of communication and conflict management skills."

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