Reengrossed Senate Bill 565

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SRS 03-106 REENGROSSED
Regular Session, 2003
SENATE BILL NO. 565
BY SENATORS IRONS, HAINKEL AND BAJOIE

MARRIAGE. Provides exceptions from the seventy-two hour delay for certain marriage ceremonies in Orleans Parish.

1 AN ACT
2 To amend and reenact R.S. 9:242 and 243, relative to marriage; to provide that
3 certain officiants in Orleans Parish may waive the seventy-two hour
4 delay for marriages; to provide relative to penalties; and to provide for
5 related matters.
6 Notice of intention to introduce this Act has been published.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:242 and 243 are hereby amended and reenacted to
9 read as follows:
10 §242. Waiver of delay
11 A. A judge or justice of the peace authorized to perform the
12 marriage may waive the seventy-two hour delay upon application of the
13 parties giving serious and meritorious reasons. His certificate
14 authorizing the immediate performance of the ceremony must be
15 attached to the marriage license.

CODING: Words in struck through are deletions from existing law;
words underscored and boldfaced are additions
REENGROSSED
SRS 03-106 SB No. 565

1 R.S. 9:242(B) is all proposed new law.
2 B. Notwithstanding the provisions of R.S. 9:241, an officiant,
3 authorized to perform marriage ceremonies in the parish of Orleans
4 may waive the seventy-two hour delay upon application of the parties
5 giving serious and meritorious reasons. His certificate authorizing the
6 immediate performance of the ceremony must be attached to the
7 marriage license.
8 §243. Penalty
9 An officiant who violates R.S. 9:241, other than a judge or,
10 justice of the peace or an officiant authorized to perform marriage
11 ceremonies in the parish of Orleans and who is authorized to waive
12 the seventy-two hour delay pursuant to the provisions of R.S.
13 9:242(B), who violates R.S. 9:241 may have his authority to perform
14 marriage ceremonies revoked by the state registrar of vital records. The
15 revocation may not exceed one year.

The original instrument was prepared by Yolanda Johnson
Dixon. The following digest, which does not constitute a part of
the legislative instrument, was prepared by Bobbie Hunter.

Irons (SB 565) DIGEST

Present law generally provides that an officiant may not perform a marriage
ceremony until 72 hours have elapsed since the issuance of the marriage
license. Provides that a judge or justice of the peace authorized to perform a
marriage may waive the 72-hour delay upon application of the parties giving
serious and meritorious reasons. Requires that the certificate authorizing the
immediate marriage ceremony be attached to the marriage license. Specifies
that an officiant, other than a judge or justice of the peace, who violates the
prohibition on premature marriage ceremonies may have his authority to
perform marriage ceremonies revoked by the state registrar of vital records for
a period not exceeding one year.

Proposed law retains present law but additionally provides that an officiant
authorized to perform a marriage ceremony in the parish of Orleans may waive
the 72-hour delay upon application of the parties giving serious and

Page 2 of 3
CODING: Words in struck through are deletions from existing law;
words underscored and boldfaced are additions.

REENGROSSED
SRS 03-106 SB No. 565

meritorious reasons.

Proposed law excludes an officiant in Orleans Parish authorized to perform
marriage ceremonies and authorized to waive the 72 hour delay from those
subject to the penalty that may be imposed for performance of premature
ceremonies.

(Amends R.S. 9:242 and 243)

Summary of Amendments Adopted by Senate

Senate Floor Amendments to engrossed bill.

1. Makes applicability of authority to waive the 72 delay applicable
to all applicants in New Orleans by eliminating the limit of the
waiver to non-residents.

CODING: Words in struck through are deletions from existing law;
words underscored and boldfaced are additions.

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