Rep. Greg Harris
Filed: 5/21/2007
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1 | AMENDMENT TO HOUSE BILL 1826
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2 | AMENDMENT NO. ______. Amend House Bill 1826, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "PART I.
CIVIL UNIONS | ||||||
6 | Section 101. Short title. This Act may be cited as the | ||||||
7 | Illinois Religious Freedom Protection and Civil Union Act. | ||||||
8 | Section 102. Purpose.
The purpose of this Act is to provide | ||||||
9 | committed, adult same-sex and different-sex couples the | ||||||
10 | opportunity to obtain the same obligations, responsibilities, | ||||||
11 | protections, and benefits afforded or recognized by the law of | ||||||
12 | Illinois to spouses. | ||||||
13 | Section 103. Religious freedom. Nothing in this Act shall | ||||||
14 | interfere with or regulate the religious practice of any |
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1 | religious body. Any religious body, Indian Nation or Tribe or | ||||||
2 | Native Group is free to choose whether or not to solemnize or | ||||||
3 | not to officiate civil unions. | ||||||
4 | Section 104. Protections, obligations, and | ||||||
5 | responsibilities. Two adults who enter into a civil union under | ||||||
6 | this Act shall each be entitled to all the same legal | ||||||
7 | obligations, responsibilities, protections, and benefits as | ||||||
8 | are afforded or recognized now or in the future by the law of | ||||||
9 | Illinois to spouses, whether they derive from statute, | ||||||
10 | administrative or court rule, policy, common law, or any other | ||||||
11 | source of civil or criminal law. That remains true even after a | ||||||
12 | civil union has ended for any reason. | ||||||
13 | Section 105. Requisites of a valid civil union.
Two adults | ||||||
14 | who wish to enter a civil union shall be subject to the same | ||||||
15 | protections, requirements and conditions imposed on | ||||||
16 | individuals who wish to become spouses by Chapter 750 of the | ||||||
17 | Illinois Compiled Statutes, provided that civil unions shall | ||||||
18 | only be allowed between two persons who are at least 18 years | ||||||
19 | of age. | ||||||
20 | Section 106. Civil unions prohibited. No one can enter a | ||||||
21 | civil union with a person if she or he is, with someone else, | ||||||
22 | still in a marriage or civil union or in a substantially | ||||||
23 | similar legal relationship created in another state. A civil |
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1 | union is prohibited between an ancestor and a descendant; 2 | ||||||
2 | siblings; an uncle and a niece or nephew; an aunt and a niece | ||||||
3 | or nephew; and first cousins. | ||||||
4 | Section 107. Forms; documents.
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5 | (a) The Director of Public Health shall prescribe the | ||||||
6 | forms, documents, and applications for entering into a civil | ||||||
7 | union, pursuant to the analogous provisions of Chapter 750 of | ||||||
8 | the Illinois Compiled Statutes. | ||||||
9 | (b) A copy of the civil union registration from the county | ||||||
10 | clerk or the return provided to the Department of Public Health | ||||||
11 | by a county clerk shall be presumptive evidence of the civil | ||||||
12 | union in all courts.
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13 | Section 108. Dissolution. Parties to a civil union who wish | ||||||
14 | to dissolve the civil union shall do so pursuant to Chapter 750 | ||||||
15 | of the Illinois Compiled Statutes. Any person who enters into a | ||||||
16 | civil union consents to the jurisdiction of the courts of | ||||||
17 | Illinois to dissolve it. | ||||||
18 | PART II. MISCELLANEOUS | ||||||
19 | Section 201. Construction. This Act shall be liberally | ||||||
20 | construed and applied to promote its purpose. | ||||||
21 | Section 202. Severability.
If any part of this Act or its |
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1 | application to any person or circumstance is adjudged invalid, | ||||||
2 | the adjudication or application shall not affect the validity | ||||||
3 | of this Act as a whole or of any other part. | ||||||
4 | Section 203. Reciprocity.
A marriage between persons of the | ||||||
5 | same sex, a civil union, or a substantially similar legal | ||||||
6 | relationship other than common law marriage, legally entered | ||||||
7 | into in another jurisdiction, will be recognized in Illinois as | ||||||
8 | a civil union. | ||||||
9 | Section 204. Effective date. This Act takes effect January | ||||||
10 | 1, 2008.".
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