PRINTER'S NO. 4134
No. 2929 Session of 1990
INTRODUCED BY FARMER, NOYE, CAWLEY, FAIRCHILD, FARGO, GEIST,
E. Z. TAYLOR, ROBBINS, B. SMITH, HAGARTY, BURD, HARPER,
JOHNSON, PESCI, McVERRY, ADOLPH, RYBAK, CIVERA, TRELLO,
BILLOW, RICHARDSON AND PETRONE, SEPTEMBER 26, 1990
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 1990
AN ACT
1 Amending the act of August 22, 1953 (P.L.1344, No.383), entitled
2 "An act relating to marriage; and amending, revising,
3 consolidating and changing the law relating thereto," further
4 providing for the period for which a marriage license is
5 valid; and further providing for the fee for a marriage
6 license.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 11 of the act of August 22, 1953
10 (P.L.1344, No.383), known as The Marriage Law, amended June 16,
11 1972 (P.L.473, No.152), is amended to read:
12 Section 11. Form of Marriage Licenses; Marriage
13 Certificates.--(a) The marriage license as issued by the clerk
14 of the orphans' court shall not be valid, except as otherwise
15 provided in subsection (c), for a longer period than sixty days
16 from the date of issue, and shall be in form substantially as
17 follows to wit:
18 Commonwealth of Pennsylvania
19 ss: No.
1 County of
2 To any person authorized by law to solemnize marriage: You are
3 hereby authorized to join together, in holy state of matrimony,
4 according to the laws of the Commonwealth of Pennsylvania,
5 A.B., of full age and never heretofore married, and C.D.......
6 likewise of full age and never heretofore married.
7 Given under my hand and seal of the orphans' court of said
8 county of ........, at ............., this .....................
9 day of .................., one thousand ........................
10 If either of said parties is not of full age of eighteen
11 years, then in lieu of the words "of full age," his or her age
12 shall be stated, and the fact of consent of parent or guardian
13 shall likewise be stated, and if either of said parties shall
14 have been married previously to the issuing of such license,
15 then in lieu of the words "never previously married" there shall
16 be stated the number of times he or she shall have been
17 previously married, and the mode by which said prior marriage or
18 marriages was or were dissolved, the date or dates of divorce or
19 death, and if by divorce, the cause thereof. If either of said
20 parties is under the age of sixteen years and a judge of the
21 orphans' court shall have authorized the license to be issued,
22 then in lieu of the words "of full age," his or her age shall be
23 stated, and the fact that a judge authorized the license to
24 issue shall likewise be stated, in addition to the consent of a
25 parent or a guardian.
26 (b) The license shall have appended to it two certificates,
27 numbered to correspond with said license (one marked original
28 and one marked duplicate), which shall be in form substantially
29 as follows:
30 I hereby certify that on the ..........................day of
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1 ................................ one thousand ..................
2 ......................................., at ....................
3 Pennsylvania, ..................................................
4 and ........................................................were
5 by me united in marriage, in accordance with license issued by
6 the clerk of the orphans' court of .............................
7 county, Pennsylvania, numbered .................................
8 Signed ......................................
9 (Title of person solemnizing marriage)
10 Address .....................................
11 (c) If one or both of the parties is a member of a reserve
12 component of the armed forces of the United States that is
13 ordered into active military service, the marriage license shall
14 be valid for a period of two years from the date of issue. The
15 parties shall, however, be required to resubmit the statements
16 required by section 5(a) of this act.
17 Section 2. Section 19 of the act is amended to read:
18 Section 19. Fees.--(a) The fee to be charged by the clerk
19 of the orphans' court in various counties for issuing a marriage
20 license or declaration and for returns thereof to the Department
21 of Health shall be three dollars, two dollars and fifty cents of
22 which shall be for the use of the clerk of the orphans' court of
23 the county wherein such license is issued, and fifty cents for
24 the use of the Commonwealth. In addition, the clerk shall make
25 the usual charge for affidavits. All monies collected by the
26 said clerk for the use of the Commonwealth shall, on or before
27 the tenth day of the following month, be transmitted to the
28 State Treasurer, to be placed in the General Fund for the use of
29 the Commonwealth.
30 (b) If one or both of the parties is a member of a reserve
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1 component of the armed forces of the United States that is
2 ordered into active military service and solemnization of the
3 marriage can not be accomplished, the clerk shall, upon
4 application, refund the fee imposed by subsection (a).
5 Section 3. This act shall be retroactive to August 1, 1990.
6 Section 4. This act shall take effect immediately.
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