Fiscal Note & Local Impact Statement

123 rd General Assembly of Ohio

Ohio Legislative Budget Office: a nonpartisan agency providing fiscal research for the Ohio General Assembly

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E-mail: BudgetOffice@LBO.STATE.OH.US ² Internet Web Site:http://www.lbo.state.oh.us/

BILL:

H.B. 519 (with LSC amendments BW1 and BW2)

DATE:

March 29, 2000

STATUS:

In House Civil Justice and Commercial Law

SPONSOR:

Rep. Williams

 

LOCAL IMPACT STATEMENT REQUIRED:

No —

Minimal cost

 


CONTENTS:

Eliminates the requirement that SSNs be included on marriage licenses and requires probate courts under certain circumstances to delete SSNs on such records when made available for public inspection

 

State Fiscal Highlights

 

·        No direct fiscal effect on the state.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2000

FY 2001

FUTURE YEARS

Counties

     Revenues

- 0 -

- 0 -

- 0 -

     Expenditures

 Potential minimal increase

- 0 -

- 0 -

Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.

 

·        The bill will most likely have a minor impact upon probate courts due to the programmatic changes that would be necessary to insure only privileged access to the SSNs on marriage licenses. The nature and extent of these changes may vary by jurisdiction depending on current administrative and programmatic practices. LBO assumes, however, most of these changes would be one-time in nature resulting in, at most, a potential minimal increase in county expenditures for the first year of implementation.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

Detailed Fiscal Analysis

 

Provisions of the bill

 

The bill repeals the requirement that a marriage license issued must include the SSN (SSN) of each party to the marriage and specifically prohibits the display of the SSN of either parity to the marriage on the marriage license issued. The bill requires a probate court, except under certain circumstances, to delete SSNs from records pertaining to marriage licenses when those records are made available for public inspection.

 

Existing Law

 

                Section 3101.05 of the Ohio Revised Code specifies that each marriage license issued must include the SSN of each party to the marriage, as stated on the marriage license application. Under the Public Records Law, section 149.43 of the Ohio Revised Code, generally, all probate courts, upon request, must furnish copies of records pertaining to the issuance of marriage licenses. Currently, records of marriage licenses issued reveal the SSN of the parties to the marriage.

 

            Under Federal Law, the SSNs of the parties to the marriage do not need to be included on the marriage license issued. Parties who choose not to include SSNs on the marriage license can do so under federal law by signing a disclaimer through a probate court.

 

Fiscal Impacts of the Bill

 

                State Fiscal Effects. The bill’s provisions have no direct fiscal effect on state government.

 

Local Fiscal Effects. Based on discussions with probate courts and county judges, the bill will have a minor impact upon probate courts due to the programmatic changes that would be necessary to insure only privileged access to the SSNs on marriage licenses. Several probate courts stated computers are used to generate marriage license information, some of which are accessible to the public. In addition, marriage applications and hard copy records of marriage licenses display SSNs of the parties of the marriage and these records are open to public inspection. The programmatic changes made necessary by the bill may vary by jurisdiction, the full extent of which will depend on current administrative and programmatic practice.

 

In order to fulfill the SSN access prohibition, probate courts may need to take the following actions: 1) change current marriage license applications to make SSNs optional, 2) change computer programming to “hide” or otherwise remove SSNs from the public accessible computer screens, 3) change computer programming to generate marriage licenses without the display of the parties’ SSNs, and 4) remove SSNs from any hard copies of a marriage licenses.  LBO assumes most of these changes would involve a one-time cost resulting in a potential minimal increase in county expenditures for the first year of implementation.

 

            Currently, Henschen Associates provides computer services to approximately half of the state’s 88 probate courts. According to the manager of Henschen Associates, the maximum total cost to reconfigure the databases to hide SSNs on all of the probate courts they service would be up to $3,000. If LBO assumes the scope of the changes that the other one-half of the state’s probate courts will have to undertake would be fairly similar, then the total one-time cost statewide to implement the bill’s provisions relative to SSNs and marriage licenses would be up to $6,000.

 

 

 

 

q LBO staff:  Amy Frankart, Budget/Policy Analyst

 

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