ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 59

(Senator Bailey, original sponsor)

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[Passed April 14, 2001; in effect ninety days from passage.]

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AN ACT 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 secretary of state 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.