SB 290 raises the fee charged by county clerks for issuing, acknowledging, and recording a marriage license and marriage certificate to $55. The bill also changes how those fees are distributed after collection, requiring the county treasurer to remit the money monthly in specified amounts rather than leaving the full fee in the county clerk recording and filing fund.
Under the bill, each $55 fee would be divided among three recipients: $15 to the county general fund, $20 to the state treasurer for the children’s trust fund, and $20 retained by the county clerk. The measure is a revenue and fee-distribution change tied to marriage licensing, and it directly amends Section 40-1-11 NMSA 1978.
Impact
SB 290 amends New Mexico’s marriage licensing fee statute by increasing the total fee and revising the statutory allocation of those revenues. It affects county clerks, county treasurers, the county general fund, and the state children’s trust fund by redirecting portions of marriage license revenue to those entities and changing the timing and method of remittance.
Sentiment
The bill appears to have received generally favorable legislative support, as reflected by its passage in both chambers. The Senate approved it 27-11 and the House approved it 41-21, indicating clear majority support but not unanimity. The vote margins suggest the bill was accepted as a revenue and fund-distribution measure, though with a meaningful minority opposed.
Contention
The main point of contention is likely the higher cost imposed on couples obtaining marriage licenses, since the bill increases the fee from prior law to $55. Opposition may also have centered on whether marriage license revenue should be diverted to the children’s trust fund and county general fund rather than being retained entirely by county clerks. The recorded no votes in both chambers suggest some lawmakers objected either to the fee increase itself or to the redistribution of the proceeds.