102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3376
 
Introduced 2/22/2021, by Rep. Joe Sosnowski
 
SYNOPSIS AS INTRODUCED:
 

 
    
750 ILCS 5/203  from Ch. 40, par. 203
750 ILCS 5/208 rep.

     Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Repeals a provision regarding judicial approval of underage marriages. Effective immediately.
  


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A BILL FOR
 

  
HB3376LRB102 16897 LNS 22308 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Marriage and Dissolution of 
5Marriage Act is amended  by changing Section 203 as follows:
 



6    (750 ILCS 5/203)  (from Ch. 40, par. 203)



7    Sec. 203. License to Marry. When a marriage application 
8has been
completed and signed by both parties to a prospective 
9marriage and both
parties have appeared before the county 
10clerk and the marriage license
fee has been paid, the county 
11clerk shall issue a license to marry and a
marriage 
12certificate form upon being furnished:

13        (1) satisfactory proof that each party to the marriage 
14    has will have
attained the age of 18 years at the time the 
15    marriage license is
effective or will have attained the 
16    age of 16 years and has either the
consent to the marriage 
17    of
both parents or his guardian or judicial approval; 
18    provided, if one
parent cannot be located in order to 
19    obtain such consent and diligent
efforts have been made to 
20    locate that parent by the consenting parent, then
the 
21    consent of one parent plus a signed affidavit by the 
22    consenting parent
which (i) names the absent parent and 
23    states that he or she cannot be
located, and (ii) states 
 
 
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1    what diligent efforts have been made to locate the
absent 
2    parent, shall have the effect of both parents' consent for 
3    purposes
of this Section;

4        (2) satisfactory proof that the marriage is not 
5    prohibited; and

6        (3) an affidavit or record as prescribed in 
7    subparagraph (1) of Section
205 or a court order as 
8    prescribed in subparagraph (2) of Section 205, if 
9    applicable.

10    With each marriage license, the county clerk shall provide 
11a pamphlet
describing the causes and effects of fetal alcohol 
12syndrome. At least annually, the county board shall submit to 
13the Illinois Department of Public Health

a report as to the 
14county clerk's compliance with the requirement that the county 
15clerk provide a pamphlet with each marriage license. All 
16funding and production costs for the aforementioned 
17educational pamphlets for distribution to each county clerk 
18shall be provided by non-profit, non-sectarian statewide 
19programs that provide education, advocacy, support, and 
20prevention services pertaining to Fetal Alcohol Syndrome. 

21(Source: P.A. 96-1323, eff. 1-1-11.)

 

22    (750 ILCS 5/208 rep.)

23    Section 10. The Illinois Marriage and Dissolution of 
24Marriage Act is amended  by repealing Section 208.
 
 
25    Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.