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TERRY L. SPIELER, Secretary.

L2024.03C

To repeal section 451.100, RSMo 1994, and section 451.040, RSMo Supp. 1997, relating to applications for marriage licenses, and to enact in lieu thereof two new sections relating to the same subject.

Section A.  Section 451.100, RSMo 1994, and section 451.040, RSMo Supp. 1997, are repealed and two new sections enacted in lieu thereof, to be known as sections 451.040 and 451.100, to read as follows:

451.040.  1.  Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages.

2.  Before applicants for a marriage license shall receive a license, and before the recorder of deeds shall be authorized to issue a license, the parties to the marriage shall present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy.  Each application for a license shall contain the social security number of the applicant.  The social security number [shall be a closed record and any such number appearing on a public record] contained in an application for a marriage license shall be exempt from examination and copying pursuant to section 610.024, RSMo.  Upon the expiration of three days after the receipt of the application the recorder of deeds shall issue the license, unless one of the parties withdraws the application.  The license shall be void after thirty days from the date of issuance.

3.  Provided, however, that such license may be issued on order of a circuit or associate circuit judge of the county in which the license is applied for, without waiting three days, such license being issued only for good cause shown and by reason of such unusual conditions as to make such marriage advisable.

4.  Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

5.  Common-law marriages shall be null and void.

6.  Provided, however, that no marriage shall be deemed or adjudged invalid, nor shall the validity be in any way affected for want of authority in any person so solemnizing the marriage pursuant to section 451.100, if consummated with the full belief on the part of the persons, so married, or either of them, that they were lawfully joined in marriage.

451.100.  Marriages may be solemnized by any clergyman, either active or retired, who is in good standing with any church or synagogue in this state. [or] Marriages may also be solemnized, without compensation, by any judge [of a court of record, other than], including a municipal judge.  Marriages may also be solemnized by a religious society, religious institution, or religious organization of this state, according to the regulations and customs of the society, institution or organization, when either party to the marriage to be solemnized is a member of such society, institution or organization.