EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 66
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY.
0356S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 451.040, 451.080, and 451.090, RSMo, and to enact in lieu thereof three new
sections relating to the age of marriage, with existing penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 451.040, 451.080, and 451.090, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 451.040, 451.080, and 451.090, to read as 3
follows:4
451.040. 1. Previous to any marriage in this state, a 1
license for that purpose shall be obtained from the officer 2
authorized to issue the same, and no marriage contracted 3
shall be recognized as valid unless the license has been 4
previously obtained, and unless the marriage is solemnized 5
by a person authorized by law to solemnize marriages. 6
2. Before applicants for a marriage license shall 7
receive a license, and before t he recorder of deeds shall be 8
authorized to issue a license, the parties to the marriage 9
shall present an application for the license, duly executed 10
and signed in the presence of the recorder of deeds or their 11
deputy or electronically through an online process. If an 12
applicant is unable to sign the application in the presence 13
of the recorder of deeds as a result of the applicant's 14
incarceration or because the applicant has been called or 15
ordered to active military duty out of the state or country, 16
the recorder of deeds may issue a license if: 17 SB 66 2
(1) An affidavit or sworn statement is submitted by 18
the incarcerated or military applicant on a form furnished 19
by the recorder of deeds which includes the necessary 20
information for the recorder of dee ds to issue a marriage 21
license under this section. The form shall include, but not 22
be limited to, the following: 23
(a) The names of both applicants for the marriage 24
license; 25
(b) The date of birth of the incarcerated or military 26
applicant; 27
(c) An attestation by the incarcerated or military 28
applicant that both applicants are not related; 29
(d) The date the marriage ended if the incarcerated or 30
military applicant was previously married; 31
(e) An attestation signed by the incarcera ted or 32
military applicant stating in substantial part that the 33
applicant is unable to appear in the presence of the 34
recorder of deeds as a result of the applicant's 35
incarceration or because the applicant has been called or 36
ordered to active military d uty out of the state or country, 37
which will be verified by the professional or official who 38
directs the operation of the jail or prison or the military 39
applicant's military officer, or such professional's or 40
official's designee, and acknowledged by a n otary public 41
commissioned by the state of Missouri at the time of 42
verification. However, in the case of an applicant who is 43
called or ordered to active military duty outside Missouri, 44
acknowledgment may be obtained by a notary public who is 45
duly commissioned by a state other than Missouri or by 46
notarial services of a military officer in accordance with 47
the Uniform Code of Military Justice at the time of 48
verification; 49 SB 66 3
(2) The completed marriage license application of the 50
incarcerated or milit ary applicant is submitted which 51
includes the applicant's Social Security number; except 52
that, in the event the applicant does not have a Social 53
Security number, a sworn statement by the applicant to that 54
effect; and 55
(3) A copy of a government -issued identification for 56
the incarcerated or military applicant which contains the 57
applicant's photograph. However, in such case the 58
incarcerated applicant does not have such an identification 59
because the jail or prison to which he or she is confined 60
does not issue an identification with a photo his or her 61
notarized application shall satisfy this requirement. 62
3. Each application for a license shall contain the 63
Social Security number of the applicant, provided that the 64
applicant in fact has a S ocial Security number, or the 65
applicant shall sign a statement provided by the recorder 66
that the applicant does not have a Social Security number. 67
The Social Security number contained in an application for a 68
marriage license shall be exempt from exami nation and 69
copying pursuant to section 610.024. After the receipt of 70
the application the recorder of deeds shall issue the 71
license, unless one of the parties withdraws the 72
application. The license shall be void after thirty days 73
from the date of iss uance. 74
4. Any person violating the provisions of this section 75
shall be deemed guilty of a misdemeanor. 76
5. Common-law marriages shall be null and void. 77
6. Provided, however, that no marriage shall be deemed 78
or adjudged invalid, nor shall the validity be in any way 79
affected for want of authority in any person so solemnizing 80
the marriage pursuant to section 451.100, if consummated 81 SB 66 4
with the full belief on the part of the persons, so married, 82
or either of them, that they were lawfully joi ned in 83
marriage. 84
7. In the event a recorder of deeds utilizes an online 85
process to accept applications for a marriage license or to 86
issue a marriage license and the applicants' identity has 87
not been verified in person, the recorder of deeds shall 88
have a two-step identity verification process or a process 89
that independently verifies the identity of such 90
applicants. Such process shall be adopted as part of any 91
electronic system for marriage licenses if the applicants do 92
not present themselves to the recorder of deeds or his or 93
her designee in person. It shall be the responsibility of 94
the recorder of deeds to ensure any process adopted to allow 95
electronic application or issuance of a marriage license 96
verifies the identities of both applican ts. The recorder of 97
deeds shall not accept applications for or issue marriage 98
licenses through the process provided in this subsection 99
unless [both applicants are at least eighteen years of age 100
and] at least one of the applicants is a resident of the 101
county or city not within a county in which the application 102
was submitted. 103
451.080. 1. The recorders of the several counties of 1
this state, and the recorder of the city of St. Louis, 2
shall, when applied to by any person legally ent itled to a 3
marriage license, issue the same which may be in the 4
following form: 5
6 State of Missouri )
7 )
8 ss. SB 66 5
2. [If the man is under eighteen or the woman under 20
eighteen, add the following: 21
3.] On which such license the person solemnizing the 29
marriage shall, within fifteen days after the issuing 30
thereof, make as near as may be the following return, and 31
return such license to the officer issuing the same: 32
9 )
10 County of ______ )
11
12
13
14
15
16
17
18
19
This license authorizes any judge, associate
circuit judge, licensed or ordained preacher of
the gospel, or other person authorized under the
laws of this state, to solemnize marriage between
A B of ______, county of ______ and state of
______, who is ______ the age of eighteen years,
and C D of ______, in the county of ______, state
of ______, who is ______ the age of eighteen
years.
22
23
24
25
The custodial parent or guardian, as the case may
be, of the said A B or C D (A B or C D, as the
case may require), has given his or her assent to
the said marriage.
26
27
28
Witness my hand as recorder, with the seal of
office hereto affixed, at my office, in ______,
the ______ day of ______, 20______, recorder.
33 State of Missouri )
34 )
35 ss.
36 )
37 County of ______ )
38
39
This is to certify that the undersigned ______ did
at ______, in said county, on the ______ day of
SB 66 6
451.090. 1. No recorder shall issue a license 1
authorizing the marriage of any male or female under 2
[sixteen] eighteen years of age [nor shall a license be 3
issued authorizing the marriage of any male or female twenty - 4
one years of age or older to a male or female under eighteen 5
years of age]. 6
2. [No recorder shall issue a license authorizing the 7
marriage of any male or female under the age of eighteen 8
years, except with the consent of his or her custodial 9
parent or guardian, which consent shall be given at the 10
time, in writing, stating the re sidence of the person giving 11
such consent, signed and sworn to before an officer 12
authorized to administer oaths. 13
3.] The recorder shall state in every license whether 14
the parties applying for same [, one or either or both of 15
them,] are of age[, or whether the male is under the age of 16
eighteen years or the female under the age of eighteen 17
years, and if the male is under the age of eighteen years or 18
the female is under the age of eighteen years, the name of 19
the custodial parent or guardian consen ting to such 20
marriage]. Applicants shall provide proof of age to the 21
recorder in the form of a certified copy of the applicant's 22
birth certificate, passport, or other government -issued 23
identification, which shall then be documented by the 24
recorder. 25
40
41
______ A.D. 20______, unite in marriage the above -
named persons.