Morgan, 012919 ALAGO, AGO 2019-20

Docket Nº:AGO 2019-20
Case Date:January 29, 2019
Court:Alabama
 
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Honorable Greg Cain Morgan
AGO 2019-20
No. 2019-020
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
January 29, 2019
         Honorable Greg Cain          Morgan County Probate Judge          302 Lee St. N.E.          Decatur, Alabama 35601          Probate Judges - Marriage Licenses - Social Security Numbers - Morgan County          A probate judge is required to obtain the social security numbers for both parties to a marriage license if they have social security numbers, and if both numbers are not given, then no license may be issued.          The probate judge is not authorized to remove social security numbers from the applications of previously issued licenses.          Social security numbers should not be published on public records.          Dear Judge Cain:          This opinion of the Attorney General is issued in response to your request.          QUESTIONS          (1) Can the probate judge issue a marriage license to a person that has a social security number but refuses to disclose it?          (2) Can the judge remove the number(s) from the application(s) of previously issued licenses at the request of one of the parties on the license?          FACTS AND ANALYSIS          Marriage licenses may be issued by the probate judges of each county. Ala. Code §30-1-9 (2016). Section 30-3-194 of the Code of Alab ama addresses the requirement for the collection of social security numbers to issue various licenses in the state. This section states, in pertinent part, as follows:
(a) Any agency charged with the administration of any law concerning the issuance or renewal of a license, certificate, or permit to engage in a profession, occupation, or recreational, sporting, or commercial activity shall require all applicants for issuance of the license, certificate, or permit, to provide the applicant's Social Security number to the agency, which agency shall record the Social Security number on the application and related records maintained by the
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