PRIOR PRINTER'S NO. 1468 PRINTER'S NO. 1613
No. 1241 Session of 2005
INTRODUCED BY PAYNE, BELARDI, CAUSER, CREIGHTON, DeWEESE,
GEORGE, MUSTIO, SCAVELLO, B. SMITH, STERN, TIGUE, TRUE, ZUG,
ARMSTRONG, BLACKWELL, CALTAGIRONE, CAPPELLI, GINGRICH, GOOD,
GRELL, HARHART, HERMAN, McNAUGHTON, E. Z. TAYLOR, CIVERA,
PISTELLA, STABACK, GEIST, GOODMAN, REICHLEY, GILLESPIE,
DENLINGER, MARSICO AND JAMES, MARCH 31, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 12, 2005
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing an exception to the oral
3 examination for members of the active military, reserves or
4 Pennsylvania National Guard who are currently deployed in an
5 active military operation or national emergency.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1306 of Title 23 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 1306. Oral examination.
11 (a) General rule.--Each of the applicants for a marriage
12 license shall appear in person and shall be examined under oath
13 or affirmation as to:
14 (1) The legality of the contemplated marriage.
15 (2) Any prior marriage or marriages and its or their
16 dissolution.
17 (3) The restrictions set forth in section 1304 (relating
1 to restrictions on issuance of license).
2 (4) All the information required to be furnished on the
3 application for license as prepared and approved by the
4 department.
5 (b) Exceptions.--The court shall allow a notarized statement <--
6 that addresses and fulfills the requirements of subsection (a)
7 if an applicant is a member of the active military, reserves or
8 Pennsylvania National Guard who is currently deployed in an
9 active military operation or national emergency.
10 (B) EXCEPTION.--IF AN APPLICANT IS UNABLE TO APPEAR IN <--
11 PERSON BECAUSE OF HIS ACTIVE MILITARY SERVICE, THE APPLICANT
12 SHALL BE PERMITTED TO FORWARD AN AFFIDAVIT, WHICH VERIFIES ALL
13 OF THE INFORMATION REQUIRED UNDER SUBSECTION (A), TO THE ISSUING
14 AUTHORITY.
15 (C) FORM.--THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE
16 AFFIDAVIT FORMS TO BE USED BY APPLICANTS UNDER SUBSECTION (B).
17 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ACTIVE
18 MILITARY SERVICE" MEANS ACTIVE SERVICE IN ANY OF THE ARMED
19 SERVICES OR FORCES OF THE UNITED STATES OR OF THIS COMMONWEALTH.
20 Section 2. This act shall take effect immediately.
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