Senate Bill No. 26
(By Senator Bailey)
[Originating in the Committee on the Judiciary;
reported January 13, 2000.]
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
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.