SENATE BILL 51
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Steve Komadina
AN ACT
RELATING TO DOMESTIC AFFAIRS; ELIMINATING THE REQUIREMENT FOR PHYSICIAN CERTIFICATION OF APPLICANTS FOR MARRIAGE.
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] LICENSE FEE.--
[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. 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.
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) 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."
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 AND LICENSE AND CERTIFICATE.--
"APPLICATION FOR MARRIAGE LICENSE
No._________________ STATEMENTS
RECEIVED AND FILED
IN COUNTY CLERK'S OFFICE
at _______ o'clock ______m.
_____________ [19] 20_____
[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 underage)
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)
MARRIAGE LICENSE
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 at ___________ this _______________ day of ____________________________, [19] 20__________.
______________________________
County Clerk
Recorded ______________, [19] 20_______, at ____________m.
In marriage record book no. _____________, page _________.
__________________________
County Clerk
MARRIAGE CERTIFICATE
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."."
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