HB 141

            
2020 SESSION

20104082D

HOUSE BILL NO. 141


Offered January 8, 2020


Prefiled December 18, 2019

 A BILL to amend and reenact �� 32.1-267, 32.1-268, and 
 32.1-268.1 of the Code of Virginia, relating to marriage records; divorce and 
 annulment reports; identification of race.
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Patron-- Davis

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Referred to Committee on Health, Welfare and Institutions

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 32.1-267, 32.1-268, and 32.1-268.1 of the Code of 
 Virginia are amended and reenacted as follows:
 
 
� 32.1-267. Records of marriages; duties of officer issuing 
 marriage license and person officiating at ceremony; blocking of social 
 security number.
 
 
A. For each marriage performed in the Commonwealth, a record 
 showing personal data, including but not limited to the age and race of the married 
 parties, the marriage license, and the certifying statement of the facts of 
 marriage, shall be filed with the State 
 Registrar as provided in this section.
 
 
B. The officer issuing a marriage license shall prepare the 
 record based on the information obtained under oath or by affidavit from the 
 parties to be married. The parties shall also include their social security 
 numbers or other control numbers issued by the Department of Motor Vehicles 
 pursuant to � 46.2-342 and affix their signatures to the application for such 
 license.
 
 
C. Every person who officiates at a marriage ceremony shall 
 certify to the facts of marriage and file the record in duplicate with the 
 officer who issued the marriage license within five days after the ceremony. In 
 the event such officiant dies or becomes incapacitated before completing the 
 certificate of marriage, the official who issued the marriage license shall 
 complete the certificate of marriage upon the order of the court to which is 
 submitted proof that the marriage was performed.
 
 
D. Every officer issuing marriage licenses shall on or before 
 the tenth day of each calendar month forward to the State Registrar a record of 
 each marriage filed with him during the preceding calendar month.
 
 
E. The State Registrar shall furnish forms for the marriage 
 license, marriage certificate, and application for marriage license used in the 
 Commonwealth. Such forms shall be configured so as to cause the social security 
 number or control number required pursuant to the provisions of subsection B to 
 appear only on the application for marriage license retained by the officer 
 issuing the marriage license and the copy of such license forwarded to the 
 State Registrar pursuant to the provisions of subsection D.
 
 
F. Applications for marriage licenses filed on and after July 
 1, 1997, and marriage registers recording such applications, which have not 
 been configured to prevent disclosure of the social security number or control 
 number required pursuant to the provisions of subsection B of 
 this section shall not be available for general public 
 inspection in the offices of clerks of the circuit courts. The clerk shall make 
 such applications and registers available for inspection only (i) upon the 
 order of the circuit court within which such application was made or register 
 is maintained, (ii) pursuant to a lawful subpoena duces tecum issued to the 
 clerk, (iii) upon the written authorization of either of the applicants, or 
 (iv) upon the request of a law-enforcement officer or duly authorized 
 representative of the Division of Child Support Enforcement in the course of 
 performing his official duties. Nothing in this subsection shall be construed 
 to restrict public access to marriage licenses or to prohibit the clerk from 
 making available to the public applications for marriage licenses and marriage 
 registers stored in any electronic medium or other format that permits the 
 blocking of the field containing the social security or control number required 
 pursuant to the provisions of subsection B of 
 this section, so long as access to such number is blocked.
 
 
� 32.1-268. Reports of divorces and annulments.
 
 
A. For each final decree of divorce or annulment of marriage 
 granted by a court in the Commonwealth, a report shall be certified and filed 
 by the clerk of court with the State Registrar. The information necessary to 
 prepare the report, including the social security number of each party or the 
 control number issued a party by the Department of Motor Vehicles pursuant to � 
 46.2-342, shall be furnished, with the petition or when filing the decree, to 
 the clerk of the 
 court by the petitioner or his attorney on forms prescribed by the Board and 
 furnished by the State Registrar. Information on the report shall include, but not be limited to the age and race of the parties, and the number of minor 
 children involved in the divorce or annulment.
 
 
B. On or before the tenth day of 
 each month the clerk of court shall forward to the State Registrar the report 
 of each final decree of divorce and annulment granted during the preceding 
 calendar month and such related reports as the State Registrar may require.
 
 
� 32.1-268.1. Compilation and posting of marriage, divorce, 
 and annulment data.
 
 
The State Registrar shall compile, publish, and make available 
 to the public aggregate data on the number of marriages, divorces, and 
 annulments from the year 2000 forward that occurred in the Commonwealth. The 
 data shall be organized according to the locality in which the marriage license 
 is issued or in which the divorce or annulment report is certified, and shall include but not be limited to information regarding 
 the age and race of the parties. In 
 addition, the data on divorces and annulments shall include information 
 regarding the number of minor children involved. The State Registrar shall 
 post, update, and maintain this information on the Department website. Names, 
 addresses, social security numbers, and any other personal identification 
 information shall not be included.