STATE OF OKLAHOMA
2nd Session of the 53rd
Legislature (2012)
HOUSE BILL 2540 By: McCullough
AS INTRODUCED
An Act relating to marriage and family;
amending 28 O.S. 2011, Section 31, which relates to court clerk fees; modifying
requirements for certain marriage applications and licenses; amending 43 O.S.
2011, Sections 5, 5.1 and 6, which relate to marriage; requiring two hours of
premarital counseling prior to any marriage; requiring certificate of
premarital counseling completion; providing for fee reduction for completion of
eight hours of premarital counseling; requiring certain counseling certificate;
providing contents and attachments of marriage licenses; amending 43 O.S. 2011,
Section 107.2, which relates to court authority to require certain educational
programs; making certain educational programs mandatory; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2011, Section 31, is amended to read as follows:
Section 31. Notwithstanding any other provision
of law, the clerk of the district court, or the clerk of any other court of
record, shall charge and collect the following fees for services by them
respectively rendered and none others, except as otherwise provided by law:
Approving bond or undertaking, including certificate and seal..................... $3.00
Making copy of an instrument of record or on file, first page......................... $1.00
subsequent pages (each).................. $0.50
Certifying to any instrument (each)........ $0.50
Authentication of court records............ $5.00
Receiving and paying out money in pursuance of law or order of
court....................... 1%
provided, however, that such charge
shall not exceed $300.00.
Application, issuing, entering return and recording marriage
license if the applicants submit a certificate that states the applicants have
completed the eight (8) hours or more of an approved premarital
counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes........................ $5.00
Application, issuing, entering return and recording marriage
license if the applicants do not submit a certificate that states the
applicants have completed the at least two (2) hours but less than
eight (8) hours of an approved premarital counseling program pursuant to
Section 5.1 of Title 43 of the Oklahoma Statutes................................ $50.00
Conveyance of full-blood Indian heirs to interest in inherited
lands, same to be accounted for as other fees............................... $5.00
Posting notice outside the courthouse..... $10.00
Mailing, by any type of mail, writs, warrants, orders, process,
command or notice for each person.............................. $10.00,
or
actual expense, whichever is
greater, except ordinary mailing of first-class mail in probate cases, for each
case................ $10.00, or
actual expense, whichever is
greater.
For the actual cost of all postage in each case in excess of........................ $10.00, or
actual expense, whichever is
greater.
For filing and indexing of disclaimers other than in pending
probate or civil cases pursuant to the provisions of Section 751 et seq. of
Title 60 of the Oklahoma Statutes.............. $5.00
SECTION 2. AMENDATORY 43 O.S. 2011, Section 5, is amended to read as follows:
Section 5. A.
Persons desiring to be married in this state shall complete no less
than two (2) hours of an approved premarital counseling program and shall submit
an application in writing signed and sworn to in person before the clerk of the
district court by both of the parties setting forth:
1.
The place of residence of each party;
2.
The full legal name and the age of each party as they appear upon or are
calculable from a certified copy of the birth certificate, the current driver
license or identification card, the current passport or visa, or any other
certificate, license or document issued by or existing pursuant to the laws of
any nation or of any state, or political subdivision thereof, accepted as proof
of identity and age;
3.
For each party, the full name by which the party will be known after the
marriage, which shall become the full legal name of the party upon the filing
of the marriage license and certificate with the court, as required by law;
4.
That the parties are not disqualified from or incapable of entering into
the marriage relation; and
5.
Whether That the parties have successfully completed a
premarital counseling program consisting of no less than two (2) hours. The parties shall submit a certificate of
completion to be filed with the application.
B.
1. Upon application pursuant to
this section and the payment of fees as provided in Section 31 of Title 28 of
the Oklahoma Statutes, if the clerk of the district court is satisfied of the
truth and sufficiency of the application and that there is no legal impediment
to such marriage, the court clerk shall issue the marriage license authorizing
the marriage and a marriage certificate, which shall be incorporated as one document. As required by law, the marriage certificate
shall be completed immediately following the marriage, and the marriage license
and certificate shall be returned to the court clerk. 2. Parties to be married and who present a
certificate to the clerk of the district court that states the parties have
completed the no less than eight (8) hours of an approved premarital
counseling program pursuant to Section 5.1 of this title shall be entitled to
pay a reduced fee for a marriage license in an amount provided in Section 31 of
Title 28 of the Oklahoma Statutes.
2.
Parties to be married and who present a certificate to the clerk of the
district court that states the parties have completed the no less
than eight (8) hours of an approved premarital counseling program pursuant
to Section 5.1 of this title shall be entitled to pay a reduced fee for a
marriage license in an amount provided in Section 31 of Title 28 of the
Oklahoma Statutes.
C.
In the event that one or both of the parties are under legal age, the
application shall have been on file in the court clerk's office for a period of
not less than seventy-two (72) hours prior to issuance of the marriage license.
D.
The marriage license shall be valid in any county within the state.
E.
The provisions hereof are mandatory and not directory except under the
circumstances set out in the provisions of Section 3 of this title.
SECTION 3. AMENDATORY 43 O.S. 2011, Section 5.1, is amended to read as follows:
Section 5.1 A. The clerk of the district court shall reduce
the fee for a marriage license as prescribed by Section 31 of Title 28 of the
Oklahoma Statutes to persons who have successfully completed a no
less than eight (8) hours of an approved premarital counseling program
meeting the conditions specified by this section.
B. 1. A
premarital counseling program shall be conducted by a health professional, an
official representative of a religious
institution, or a person trained by the principal authors or duly authorized
agents of the principal authors of nationally recognized marriage education
curriculum including, but not limited to, Prevention & Relationship
Enhancement Program (PREP). Upon
successful completion of the program, the counseling program provider shall
issue to the persons a certificate signed by the instructor of the counseling
program. The certificate shall state
that the named persons have successfully completed the premarital counseling
requirements. A minimum of four (4)
hours of education or counseling shall be necessary for successful completion
of the marriage education curriculum The certificate shall be provided
to the clerk of the district court upon application for marriage.
2. For purposes of this subsection, the term
“health professional” means a person licensed or certified by this state to
practice psychiatry or psychology; a licensed social worker with experience in
marriage counseling; a licensed marital and family therapist; or a licensed
professional counselor.
SECTION 4. AMENDATORY 43 O.S. 2011, Section 6, is amended to read as follows:
Section 6. A.
The A marriage license provided for in this title shall
contain:
1.
The date of its issuance;
2.
The name of the court issuing the license, and the name of the city or
town and county in which the court is located;
3.
The full legal names of the persons authorized to be married by the
license, the full legal names by which the persons will be known after the
marriage, their ages, and their places of residence;
4.
Directions to any person authorized by law to perform and solemnize the
marriage ceremony;
5.
A designation specifying that the parties have received premarital
counseling and the number of hours completed;
6. The date by which the
completed marriage certificate, along with the marriage license, shall be
returned to the judge or court, which shall not be more than thirty (30) days
from the date of its issuance; and
B.
The marriage certificate provided for in this title shall contain
appropriate wording and blanks to be completed and endorsed, as required by Section
8 of this title, by the person solemnizing or performing the marriage ceremony,
the witnesses, and the persons who have been married.
SECTION 5. AMENDATORY 43 O.S. 2011, Section 107.2, is amended to read as follows:
Section 107.2 A. In all actions for divorce, separate
maintenance, guardianship, paternity, custody or visitation, including
modifications or enforcements of a prior court order, where the interest of a
child under eighteen (18) years of age is involved, the court may shall
require all adult parties to attend an educational program concerning, as
appropriate, the impact of separate parenting and coparenting on children, the
implications for visitation and conflict management, development of children,
separate financial responsibility for children and such other instruction as
deemed necessary by the court. The
program shall be educational in nature and not designed for individual therapy.
B. Each judicial district may adopt its own
local rules governing the program.
SECTION 6. This act shall become effective November 1, 2012.
53-2-7980 SDR 01/09/12
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