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92_HB1406ham001
LRB9203984WHcsam
1 AMENDMENT TO HOUSE BILL 1406
2 AMENDMENT NO. . Amend House Bill 1406 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Section 209 as follows:
6 (750 ILCS 5/209) (from Ch. 40, par. 209)
7 Sec. 209. Solemnization and Registration.)
8 (a) A marriage may be solemnized by a judge of a court
9 of record, by a retired judge of a court of record, unless
10 the retired judge was removed from office by the Judicial
11 Inquiry Board, except that a retired judge shall not receive
12 any compensation from the State, a county or any unit of
13 local government in return for the solemnization of a
14 marriage and there shall be no effect upon any pension
15 benefits conferred by the Judges Retirement System of
16 Illinois, by a judge of the Court of Claims, by a county
17 clerk in counties having 2,000,000 or more inhabitants, by a
18 public official whose powers include solemnization of
19 marriages, or in accordance with the prescriptions of any
20 religious denomination, Indian Nation or Tribe or Native
21 Group, provided that when such prescriptions require an
22 officiant, the officiant be in good standing with his
-2- LRB9203984WHcsam
1 religious denomination, Indian Nation or Tribe or Native
2 Group. Either the person solemnizing the marriage, or, if no
3 individual acting alone solemnized the marriage, both parties
4 to the marriage, shall complete the marriage certificate form
5 and forward it to the county clerk within 10 days after such
6 marriage is solemnized.
7 (a-5) The chief judge of a judicial circuit, or a judge
8 or judges within the circuit designated by the chief judge,
9 may appoint one or more reputable persons to solemnize
10 marriages on behalf of the court. An appointment is effective
11 only if the appointee consents to the appointment. The
12 appointments shall be in writing and shall be effective for a
13 period of 2 years from the date of the appointment. The chief
14 judge or the judge who made an appointment may revoke the
15 appointment at any time by a written revocation.
16 (b) The solemnization of the marriage is not invalidated
17 by the fact that the person solemnizing the marriage was not
18 legally qualified to solemnize it, if either party to the
19 marriage believed him to be so qualified.
20 (Source: P.A. 87-1261.)".