HB4508eng 104TH GENERAL ASSEMBLY

HB4508 Engrossed LRB104 17620 JRC 31051 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 203 as follows:

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

Sec. 203. License to Marry.

(a) When a marriage application has been completed and signed by both parties to a prospective marriage and both parties have appeared before the county clerk and the marriage license fee has been paid, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:

(1) satisfactory 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; provided, if one parent cannot be located in order to obtain such consent and diligent efforts have been made to locate that parent by the consenting parent, then the consent of one parent plus a signed affidavit by the consenting parent which (i) names the absent parent and states that he or she cannot be located, and (ii) states what diligent efforts have been made to locate the absent parent, shall have the effect of both parents' consent for purposes of this Section;

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

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

With each marriage license, the county clerk shall provide a pamphlet describing the causes and effects of fetal alcohol syndrome. At least annually, the county board shall submit to the Illinois Department of Public Health a report as to the county clerk's compliance with the requirement that the county clerk provide a pamphlet with each marriage license. All funding and production costs for the aforementioned educational pamphlets for distribution to each county clerk shall be provided by non-profit, non-sectarian statewide programs that provide education, advocacy, support, and prevention services pertaining to Fetal Alcohol Syndrome.

(b) Each county clerk must establish a process within 6 months or sooner after the effective date of this amendatory Act of the 104th General Assembly that allows a party or parties to participate in a video conferencing application in which a party may be seen and heard by the county clerk in real time if a party cannot travel or has difficulty traveling because of a disability, physical impairment, or health condition that impedes the mobility of a party to appear in person. For such a party, at the sole discretion of the county clerk, the county clerk or designee may go to a party's location to complete the application. A request to the county clerk to complete the application in-person at a party's location must be supported by a written note or certification from a licensed physician, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, certified nursing assistant, or hospice professional stating that this accommodation is necessary to prevent a hardship as provided in this Section. A party's actions under this Section are subject to the provisions of Section 215 of this Act.

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