COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 59
(By Senator Bailey)
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[Originating in the Committee on the Judiciary;
reported March 26, 2001.]
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A BILL to amend and reenact section four hundred two, article
two, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
persons authorized to celebrate marriages; requiring the
secretary of state to authorize certain persons to celebrate
marriages; establishing a statewide registry for persons
authorized to celebrate marriages; permitting a registration
fee; requiring county clerks to transmit names of persons
authorized to celebrate marriages to secretary of state; and
creating registration fee fund.
Be it enacted by the Legislature of West Virginia:
That section four hundred two, article two, chapter forty-
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 2. MARRIAGES.
§48-2-402. Qualifications of religious representative for
celebrating marriages; registry of persons authorized to
perform marriage ceremonies; special revenue fund.
(a) Beginning the first day of September, two thousand one,
The county commission of any county in this the secretary of
state may shall, upon payment of the registration fee established
by the secretary of state pursuant to subsection (d) of this
section, make an order authorizing a person who is a religious
representative to celebrate the rites of marriage in all the
counties of the state, upon proof that the person:
(1) Is eighteen years of age or older;
(2) Is duly authorized to perform marriages by his or her
church, synagogue, spiritual assembly or religious organization;
and
(3) Is in regular communion with the church, synagogue,
spiritual assembly or religious organization of which he or she
is a member.
(b) The person shall give bond in the penalty of one
thousand five hundred dollars, with surety approved by the
commission. Any religious representative who gives proof before
the county commission of his or her ordination or authorization by his or her respective church, synagogue, spiritual assembly or
religious organization is exempt from giving the bond.
(c) The secretary of state shall establish a central
registry of persons authorized to celebrate marriages in this
state. Every person authorized under the provisions of
subsection (a) of this section to celebrate marriages shall be
listed in this registry. Every county clerk shall, prior to the
first day of October, two thousand one, transmit to the secretary
of state the name of every person authorized to celebrate
marriages by order issued in his or her county since one thousand
nine hundred sixty and the secretary of state shall include these
names in the registry. The completed registry and periodic
updates shall be transmitted to every county clerk.
(d) A fee not to exceed twenty-five dollars may be charged
by the secretary of state for each registration received on or
after the first day of September, two thousand one, and all money
received 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.
(e) No marriage performed by a person authorized by law to celebrate marriages may be invalidated solely because the person
was not listed in the registry provided for in this section.
(f) The secretary of state shall promulgate rules to
implement the provisions of this section.
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(NOTE: The purpose of this bill is to establish a statewide
registry for persons authorized to celebrate marriages.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
)