A05089
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
360
Session of
2019
INTRODUCED BY TOPPER, WARREN, TOOHIL, BERNSTINE, BIZZARRO,
BRIGGS, CALTAGIRONE, CIRESI, T. DAVIS, DRISCOLL, ECKER,
EMRICK, GOODMAN, HERSHEY, HILL-EVANS, HOWARD, IRVIN,
ISAACSON, KAUFFMAN, KINSEY, KLUNK, McCLINTON, McNEILL,
D. MILLER, MIZGORSKI, NEILSON, PETRARCA, RABB, SANKEY,
SCHEMEL, SCHLOSSBERG, SCHWEYER, SHUSTERMAN, STAATS AND
ULLMAN, FEBRUARY 4, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in marriage license, further providing
for restrictions on issuance of license and for oral
examination.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1304(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
Section 1. Sections 1304(b) and 1306(b) of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1304. Restrictions on issuance of license.
(b) Minors.--
(1) No marriage license may be issued if either of the
applicants for a license is under [16 years of age unless the
court decides that it is to the best interest of the
applicant and authorizes the issuance of the license.
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(2) No marriage license may be issued if either of the
applicants is under 18 years of age unless the consent of the
custodial parent or guardian of the applicant is personally
given before the person issuing the license or is certified
under the hand of the custodial parent or guardian attested
by two adult witnesses and, in the latter case, the signature
of the custodial parent or guardian is acknowledged before an
officer authorized by law to take acknowledgments. When the
minor has no guardian and a judge of the court is absent or
not accessible for any reason, the office issuing the license
may appoint a guardian pro hac vice for the minor.] 18 years
of age.
* * *
Section 2. This act shall take effect in 60 days.
§ 1306. Oral examination.
* * *
(b) Exception.--If an applicant is unable to appear in
person because of his active military service or because the
office of the register of wills is closed due to a state of
disaster emergency declared by the Governor under 35 Pa.C.S. §
7301(c) (relating to general authority of Governor) or a
declaration of judicial emergency under Article V of the
Constitution of Pennsylvania, a law of this Commonwealth, a rule
of court or other judicial order by the Supreme Court or any
agency or unit of the unified judicial system exercising a power
or performing a duty under 42 Pa.C.S. § 1721 (relating to
delegation of powers), the applicant shall be permitted to
forward an affidavit, which verifies all of the information
required under subsection (a), to the issuing authority.
* * *
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Section 2. The amendment of 23 Pa.C.S. § 1306(b) shall be
retroactive to March 18, 2020.
Section 3. This act shall take effect as follows:
(1) The amendment of 23 Pa.C.S. § 1304(b) shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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