Rep. Greg Harris
Filed: 5/27/2008
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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 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Illinois Religious Freedom Protection and Civil Union Act. | ||||||
7 | Section 5. Purposes; rules of construction. This Act shall | ||||||
8 | be liberally construed and applied to promote its underlying | ||||||
9 | purposes, which are to provide adequate procedures for the | ||||||
10 | certification and registration of a civil union and provide | ||||||
11 | persons entering into a civil union with the obligations, | ||||||
12 | responsibilities, protections, and benefits afforded or | ||||||
13 | recognized by the law of Illinois to spouses. | ||||||
14 | Section 10. Definitions. As used in this Act: | ||||||
15 | "Certificate" means a document that certifies that the |
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1 | persons named on the certificate have established a civil union | ||||||
2 | in this State in compliance with this Act. | ||||||
3 | "Civil union" means a legal relationship between 2 persons, | ||||||
4 | of either the same or opposite sex, established pursuant to | ||||||
5 | this Act. | ||||||
6 | "Department" means the Department of Public Health. | ||||||
7 | "Officiant" means the person authorized to certify a civil | ||||||
8 | union in accordance with Section 40. | ||||||
9 | "Party to a civil union" means a person who has established | ||||||
10 | a civil union pursuant to this Act. "Party to a civil union" | ||||||
11 | means, and shall be included in, any definition or use of the | ||||||
12 | terms "spouse", "family", "immediate family", "dependent", | ||||||
13 | "next of kin", and other terms that denote the spousal | ||||||
14 | relationship, as those terms are used throughout the law. | ||||||
15 | Section 15. Religious freedom. Nothing in this Act shall | ||||||
16 | interfere with or regulate the religious practice of any | ||||||
17 | religious body. Any religious body, Indian Nation or Tribe or | ||||||
18 | Native Group is free to choose whether or not to solemnize or | ||||||
19 | officiate a civil union. | ||||||
20 | Section 20. Protections, obligations, and | ||||||
21 | responsibilities. A party to a civil union is entitled to the | ||||||
22 | same legal obligations, responsibilities, protections, and | ||||||
23 | benefits as are afforded or recognized by the law of Illinois | ||||||
24 | to spouses, whether they derive from statute, administrative |
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1 | rule, policy, common law, or any other source of civil or | ||||||
2 | criminal law. | ||||||
3 | Section 25. Prohibited civil unions. The following civil | ||||||
4 | unions are prohibited: | ||||||
5 | (1) a civil union entered into prior to both parties | ||||||
6 | attaining 18 years of age; | ||||||
7 | (2) a civil union entered into prior to the dissolution | ||||||
8 | of a marriage or civil union or substantially similar legal | ||||||
9 | relationship of one of the parties; | ||||||
10 | (3) a civil union between an ancestor and a descendent | ||||||
11 | or between siblings whether the relationship is by the half | ||||||
12 | or the whole blood or by adoption; | ||||||
13 | (4) a civil union between an aunt or uncle and a niece | ||||||
14 | or nephew, whether the relationship is by the half or the | ||||||
15 | whole blood or by adoption; and | ||||||
16 | (5) a civil union between first cousins. | ||||||
17 | Section 30. Application, license, and certification. | ||||||
18 | (a) The Director of Public Health shall prescribe the form | ||||||
19 | for an application, license, and certificate for a civil union. | ||||||
20 | (b) An application for a civil union shall include the | ||||||
21 | following information: | ||||||
22 | (1) name, sex, occupation, address, social security | ||||||
23 | number, date and place of birth of each party to the civil | ||||||
24 | union; |
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1 | (2) name and address of the parents or guardian of each | ||||||
2 | party; | ||||||
3 | (3) whether the parties are related to each other and, | ||||||
4 | if so, their relationship; and | ||||||
5 | (4) in the event either party was previously married or | ||||||
6 | entered into a civil union or a substantially similar legal | ||||||
7 | relationship, provide the name, date, place and the court | ||||||
8 | in which the marriage or civil union or substantially | ||||||
9 | similar legal relationship was dissolved or declared | ||||||
10 | invalid or the date and place of death of the former spouse | ||||||
11 | or of the party to the civil union or substantially similar | ||||||
12 | legal relationship. | ||||||
13 | (c) When an application has been completed and signed by | ||||||
14 | both parties, applicable fees have been paid, and both parties | ||||||
15 | have appeared before the county clerk, the county clerk shall | ||||||
16 | issue a license and a certificate of civil union upon being | ||||||
17 | furnished satisfactory proof that the civil union is not | ||||||
18 | prohibited. | ||||||
19 | (d) A license becomes effective in the county where it was | ||||||
20 | issued one day after the date of issuance, and expires 60 days | ||||||
21 | after it becomes effective. | ||||||
22 | (e) The certificate must be completed and returned to the | ||||||
23 | county clerk that issued the license within 10 days of the | ||||||
24 | civil union. | ||||||
25 | (f) A copy of the completed certificate from the county | ||||||
26 | clerk or the return provided to the Department of Public Health |
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1 | by a county clerk shall be presumptive evidence of the civil | ||||||
2 | union in all courts. | ||||||
3 | Section 35. Duties of the county clerk. | ||||||
4 | (a) Before issuing a civil union license to a person who | ||||||
5 | resides and intends to continue to reside in another state, the | ||||||
6 | county clerk shall satisfy himself or herself by requiring | ||||||
7 | affidavits or otherwise that the person is not prohibited from | ||||||
8 | entering into a civil union or substantially similar legal | ||||||
9 | relationship by the laws of the jurisdiction where he or she | ||||||
10 | resides. | ||||||
11 | (b) Upon receipt of the certificate, the county clerk shall | ||||||
12 | notify the Department of Public Health within 45 days. The | ||||||
13 | county clerk shall provide the Department of Public Health with | ||||||
14 | a return on a form furnished by the Department of Public Health | ||||||
15 | and shall substantially consist of the following items: | ||||||
16 | (1) a copy of the application signed and attested to by | ||||||
17 | the applicants, except that in any county in which the | ||||||
18 | information provided in a civil union application is | ||||||
19 | entered into a computer, the county clerk may submit a | ||||||
20 | computer copy of the information without the signatures and | ||||||
21 | attestations of the applicants; | ||||||
22 | (2) the license number; | ||||||
23 | (3) a copy of the certificate; and | ||||||
24 | (4) the date and location of the civil union. | ||||||
25 | (c) Each month, the county clerk shall report to the |
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1 | Department of Public Health the total number of civil union | ||||||
2 | applications, licenses, and certificates filed during the | ||||||
3 | month. | ||||||
4 | (d) Any official issuing a license with knowledge that the | ||||||
5 | parties are thus prohibited from entering into a civil union | ||||||
6 | shall be guilty of a petty offense. | ||||||
7 | Section 40. Certification. A civil union may be certified: | ||||||
8 | by a judge of a court of record; by a retired judge of a court | ||||||
9 | of record, unless the retired judge was removed from office by | ||||||
10 | the Judicial Inquiry Board, except that a retired judge shall | ||||||
11 | not receive any compensation from the State, a county, or any | ||||||
12 | unit of local government in return for the solemnization of a | ||||||
13 | civil union and there shall be no effect upon any pension | ||||||
14 | benefits conferred by the Judges Retirement System of Illinois; | ||||||
15 | by a judge of the Court of Claims; by a county clerk in | ||||||
16 | counties having 2,000,000 or more inhabitants; by a public | ||||||
17 | official whose powers include solemnization of marriages; or in | ||||||
18 | accordance with the prescriptions of any religious | ||||||
19 | denomination, Indian Nation or Tribe or Native Group, provided | ||||||
20 | that when such prescriptions require an officiant, the | ||||||
21 | officiant be in good standing with his or her religious | ||||||
22 | denomination, Indian Nation or Tribe or Native Group. The | ||||||
23 | person performing a civil union shall complete the certificate | ||||||
24 | and forward it to the county clerk within 10 days after a civil | ||||||
25 | union. |
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1 | Section 45. Dissolution; declaration of invalidity. Any | ||||||
2 | person who enters into a civil union in Illinois consents to | ||||||
3 | the jurisdiction of the courts of Illinois for the purpose of | ||||||
4 | any action relating to a civil union even if one or both | ||||||
5 | parties cease to reside in this State. A court shall enter a | ||||||
6 | judgment of dissolution of a civil union if at the time the | ||||||
7 | action is commenced it meets the grounds for dissolution set | ||||||
8 | forth in Section 401 of the Illinois Marriage and Dissolution | ||||||
9 | of Marriage Act. The provisions of Sections 401 through 413 of | ||||||
10 | the Illinois Marriage and Dissolution of Marriage Act shall | ||||||
11 | apply to a dissolution of a civil union. The provisions of | ||||||
12 | Sections 301 through 306 of the Illinois Marriage and | ||||||
13 | Dissolution of Marriage Act shall apply to the declaration of | ||||||
14 | invalidity of a civil union. | ||||||
15 | Section 50. Application of the Civil Practice Law. The | ||||||
16 | provisions of the Civil Practice Law shall apply to all | ||||||
17 | proceedings under this Act, except as otherwise provided in | ||||||
18 | this Act. A proceeding for dissolution of a civil union or | ||||||
19 | declaration of invalidity of a civil union shall be entitled | ||||||
20 | "In re the Civil Union of ... and ...". The initial pleading in | ||||||
21 | all proceedings under this Act shall be denominated a petition. | ||||||
22 | A responsive pleading shall be denominated a response. All | ||||||
23 | other pleadings under this Act shall be denominated as provided | ||||||
24 | in the Civil Practice Law. |
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1 | Section 55. Venue. The proceedings shall be had in the | ||||||
2 | county where the petitioner or respondent resides or where the | ||||||
3 | parties' certificate of civil union was issued, except as | ||||||
4 | otherwise provided herein, but process may be directed to any | ||||||
5 | county in the State. Objection to venue is barred if not made | ||||||
6 | within such time as the respondent's response is due. In no | ||||||
7 | event shall venue be deemed jurisdictional. | ||||||
8 | Section 60. Reciprocity. A marriage between persons of the | ||||||
9 | same sex, a civil union, or a substantially similar legal | ||||||
10 | relationship other than common law marriage, legally entered | ||||||
11 | into in another jurisdiction, shall be recognized in Illinois | ||||||
12 | as a civil union. | ||||||
13 | Section 90. Severability. If any part of this Act or its | ||||||
14 | application to any person or circumstance is adjudged invalid, | ||||||
15 | the adjudication or application shall not affect the validity | ||||||
16 | of this Act as a whole or of any other part.".
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