SB26 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 26

(By Senator Bailey)

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[Originating in the Committee on the Judiciary;
reported January 13, 2000.]

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A BILL to amend article two, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to establishing a statewide registry for persons authorized to celebrate marriages; creating a registration period of five years and a registration fee; requiring persons to register with the secretary of state; requiring secretary of state to supply forms, update the registry biannually and publish the registry on the internet when possible; creating registration fee fund; and expenditures.

Be it enacted by the Legislature of West Virginia:
That article two, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 2. SECRETARY OF STATE.
§5-2-4. Statewide registry for persons authorized to celebrate marriages; registration fee fund; expenditures.

(a) The secretary of state shall establish a central registry for persons authorized to celebrate marriages pursuant to section twelve, article one, chapter forty-eight of this code that is easily accessible by the public.
(b) Every person authorized to celebrate marriages shall register with the secretary of state on a form prescribed by the secretary of state. Such registration shall be valid for a period of five years. The clerks of the county commissions shall maintain a supply of forms from the secretary of state to facilitate registration. A registration fee shall be charged not to exceed twenty-five dollars to administer the program.
(c) The secretary of state shall publish the registry on the internet, when possible, and annually supply the clerks of the county commissions with a copy of the registry so that it may be made available to the public at the office of the clerk.
(d) The secretary of state shall update the registry biannually.
(e) No marriage performed by a person authorized by law to celebrate marriages shall be invalidated solely because the person failed to meet the requirements of this section.
(f) All money received by the state pursuant to the registration fee shall be deposited in a special revenue revolving fund designated the "Marriage Celebrants Registration Fee Administration Fund" in the state treasury to be administered by the secretary of state. Expenses incurred by the secretary in the implementation and operation of the registry program shall be paid from the fund.
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(NOTE: The purpose of this bill is to establish a statewide central registry of persons authorized to celebrate marriages that is easily accessible by the public. Persons authorized to celebrate marriages are required to register with the secretary of state on a form prescribed by the secretary of state, who shall update the registry biannually and publish it on the internet when possible.

This section is new; therefore, strike-throughs and underscoring have been omitted.)