Session of 1999
By Special Committee on Judiciary

  9             AN  ACT concerning marriage; relating to marriage licenses; application
10             and issuance by mail; amending K.S.A. 1998 Supp. 23-106 and re-
11             pealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 23-106 is hereby amended to read as
15       follows: 23-106. (a) The clerks of the district courts or judges thereof,
16       when applied to for a marriage license by any person who is one of the
17       parties to the proposed marriage and who is legally entitled to a marriage
18       license, shall issue a marriage license in substance as follows:
(Name of place where office located, month, day and year.)
21       TO ANY PERSON authorized by law to perform the marriage ceremony, Greeting:
22             You are hereby authorized to join in marriage A B of
, date of birth
23       ________, and C D of ________, date of birth ________, (and name of parent
24       or guardian consenting), and of this license, duly endorsed, you will make due return to this
25       office immediately after performing the ceremony.
E F, (title of person issuing the license).
27             (b) The applicant may apply for a marriage license in person or by
28       mail upon request of the applicant. The clerk or judge of the district court
29       shall issue such marriage license as provided by this section in person or
30       by mail upon request of the applicant. No clerk or judge of the district
31       court shall issue a marriage license before the third calendar day (, Sunday
32       and holidays included), following the date of the filing of the application
33       therefor in such clerk's or judge's office in person or by mail except that
34       in cases of emergency or extraordinary circumstances, a judge of the dis-
35       trict court may upon proper showing being made, permit by order of the
36       court the issuance of such marriage license without waiting three days.
37       Each district court shall keep a record of all marriages resulting from
38       licenses issued by the court, which record shall show the names of the
39       persons who were married and the date of the marriage. No clerk or
40       judge shall issue a license authorizing the marriage of any person under
41       the age of 18 years without the express consent of such person's father,
42       mother or legal guardian and the consent of the judge unless consent of
43       both the mother and father and any legal guardian or all then living par-

SB 5


  1       ents and any legal guardian is given in which case the consent of the judge
  2       shall not be required. If not given in person at the time of the application,
  3       the consent shall be evidenced by a written certificate subscribed thereto
  4       and duly attested. Where the applicants or either of them are under 18
  5       years of age and their parents are dead and there is no legal guardian
  6       then a judge of the district court may after due investigation give consent
  7       and issue the license authorizing the marriage. The judge or clerk may
  8       issue a license upon the affidavit of the party personally appearing and
  9       applying therefor, to the effect that the parties to whom such license is
10       to be issued are of lawful age, as required by this section, and the judge
11       or clerk is hereby authorized to administer oaths for that purpose.
12             Every person swearing falsely in such affidavit shall be guilty of a mis-
13       demeanor and shall be punished by a fine not exceeding $500. A clerk or
14       judge of the district court shall state in every license the birth dates of
15       the parties applying for the same, and if either or both are minors, the
16       name of the father, mother, or guardian consenting to such marriage.
17             (c) Every marriage license shall expire at the end of six months from
18       the date of issuance if the marriage for which the license was issued does
19       not take place within the six-month period of time. 
20       Sec.  2. K.S.A. 1998 Supp. 23-106 is hereby repealed.
21        Sec.  3. This act shall take effect and be in force from and after its
22       publication in the statute book.