2007 Montana Legislature
About Bill -- Links
HOUSE BILL NO. 361
INTRODUCED BY D. KOTTEL
AN ACT REVISING REQUIREMENTS FOR A PROXY MARRIAGE; REQUIRING ONE PARTY TO A PROXY MARRIAGE TO BE A MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON FEDERAL ACTIVE DUTY OR A RESIDENT OF MONTANA; AMENDING SECTIONS 40-1-202 AND 40-1-301, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 40-1-202, MCA, is amended to read:
"40-1-202. License issuance. When Except as provided in 40-1-301, when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:
(1) satisfactory proof that each party to the marriage will have attained the age of 18 years of age at the time the marriage license is effective or will have attained the age of 16 years of age and has obtained judicial approval as provided in 40-1-213;
(2) satisfactory proof that the marriage is not prohibited; and
(3) a certificate of the results of any medical examination required by the laws of this state."
Section 2. Section 40-1-301, MCA, is amended to read:
"40-1-301. Solemnization and registration. (1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
(2) If a party to a marriage is unable to be present at the solemnization, he the party may authorize in writing a third person to act as his proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, he the person may solemnize the marriage by proxy. If he the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
(3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if either party to the marriage believed him that person to be so qualified.
(4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215."
Section 3. Effective date. [This act] is effective on passage and approval.
- END -
Version of HB 361 (HB0361.ENR)
Processed for the Web on April 11, 2007 (1:40pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2007
Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills (WP 5.1 format)
Authorized print version w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services