Senate passes age of consent to marry bill, but includes parental consent for those 16 and 17

Mar. 14—A bill to prevent marriages in West Virginia under the age of 18 had died in a House committee, but then was resurrected and passed, but with a major change.

House Bill 3018 was initially proposed to make the age of consent to marry 18, with no exceptions, including parental consent. The bill passed the House and was sent to the Senate, but stalled in the Senate Judiciary Committee and presumed dead for this year.

But as time was running out last week before the end of session Saturday, an amendment was added to allow marriages at 16 and 17 with parental consent, but no marriages under 16 for any reason.

Besides that, anyone wanting to marry someone who is 16 or 17 must be no more than four years older than the person they wish to marry.

The revised version passed the Senate 31-1 and the House concurred in an 83-9 vote, so it now awaits the signature of Gov. Jim Justice.

According to the bill, the clerk of the county commission may issue a marriage license to an applicant who is under the age of 18 but at least 16 years of age "if the clerk obtains valid written consent from the applicant and from the applicant's parent or parents or the applicant's legal guardian or guardians as outlined in this section: Provided, That a marriage license may not be issued to an applicant who is under the age of 18 but who is at least 16 years of age if the person whom the applicant seeks to marry is more than four years older than the applicant."

Anyone who wants to marry and is at least 16 years of age must give his or her "signed and acknowledged affirmation that he or she is freely and voluntarily choosing to enter into a marriage with the person named in the application as part of the written consent required by this section. The applicant must also provide, as part of the same written consent, a signed and acknowledged affirmation that his or her decision to enter into the marriage is not the product of duress or coercion by any person."

The change was something that Del. Doug Smith, R-Mercer County, was seeking when he voted against the original bill in the House.

"I believe that there should be exceptions for age 16 or 17 with parental consent," he said. "Heck, you can join the military at 17 with parental consent but with this bill you can't get married until you are 18."

Another bill that died in committee may get new life next year.

Senate Bill 254 would have changed the frequency of state vehicle inspections from annual to once every two years.

The bill passed the Senate 23-5 but did not pass out of the House Finance Committee.

However, House Technology and Infrastructure Committee originated House Concurrent Resolution 65, requesting a study of the impact of eliminating the mandatory inspection of motor vehicles all together.

According to the resolution, "the practice of mandatory vehicle inspections has become a burden for vehicle owners as automobile manufacturing technology advancements provides for safer and more reliable autos and the mandatory inspection of motor vehicles is becoming less necessary in the age of smart and internet connected automobiles that can self-monitor its own maintenance needs."

But the committee said the issue requires "in-depth consideration from all sides."

"The Joint Committee on Government and Finance is hereby requested to study the effects of eliminating the mandatory inspection of motor vehicles, trailers, semitrailers, pole trailers, antique motor vehicles, and motorcycles registered in the state," the resolution says, and on the first day of the 2024 regular session "will report on its findings with any suggestions for legislation to effectuate its recommendations."

West Virginia is one of only 11 states that require an annual inspection of passenger vehicles. Four other states require a biennial (every two years) inspection and 37 states do not require an inspection at all, but some have a few exceptions.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com