Senate Bill No. 555

(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Jenkins,

Minard, Caruth, Deem, McKenzie and Weeks)

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[Originating in the Committee on the Judiciary;


reported February 10, 2006.]

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A BILL to amend and reenact §48-2-402 of the Code of West Virginia, 1931, as amended, relating to registry of persons authorized to celebrate marriages throughout the state; deleting bonding requirement; requiring documentation of authority to celebrate marriages; requiring renewal of registration after five years; and permitting the Secretary of State to purge inactive persons from registry.

Be it enacted by the Legislature of West Virginia:
That §48-2-402 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§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 adequate 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. (1) Any order authorizing a person to perform marriages issued pursuant to subsection (a) of this section on or after the first day of July, two thousand six shall be effective for five years. The registrant may renew the order of authorization by filing an application, on a form prescribed by the Secretary of State, containing the information required by subsection (a) of this section, with the Secretary of State and by paying the renewal fee established in subsection (d) of this section, within the six months prior to the expiration of the order.
(2) Any order authorizing a person to perform marriages issued pursuant to subsection (a) of this subsection prior to the first day of July, two thousand six but after the first day of July, two thousand one shall continue in full force and effect for a term of five years after the date the authorizing order was issued. The registrant may renew the order of authorization in the manner provided in subdivision (1) of this subsection.
(3) Any order authorizing a person to perform marriages issued pursuant to subsection (a) of this subsection prior to the first day of July, two thousand one shall continue in full force and effect until the thirtieth day of June, two thousand ten. The registrant may renew the order of authorization in the manner provided in subdivision (1) of this subsection.
 © 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, or renewal of registration received on or after the first day of July, two thousand six. and All money received by the Secretary of State pursuant to this section 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) On the first day of September, two thousand seven and every year thereafter, the Secretary of State shall purge from the central registry of persons authorized to celebrate marriages in this state those registrants who have failed to renew their registrations before expiration of their current authorization order.
(f) 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.
(g) The Secretary of State shall promulgate rules in accordance with the provisions of article three, chapter twenty- nine-a of this code to implement the provisions of this section.
NOTE: The purpose of this bill is to allow the Secretary of State to purge the central registry of persons authorized to perform marriages by requiring, after July 1, 2006, the authorization to be renewed every 5 years with payment of a fee of up to $25
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.