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92_SB0024eng SB24 Engrossed LRB9200664WHcs 1 AN ACT to amend the Illinois Marriage and Dissolution of 2 Marriage Act by changing Sections 202 and 203. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Sections 202 and 203 as 7 follows: 8 (750 ILCS 5/202) (from Ch. 40, par. 202) 9 Sec. 202. Marriage License and Marriage Certificate.) 10 (a) The Director of Public Health shall prescribe the 11 form for an application for a marriage license, which shall 12 include the following information: 13 (1) name, sex, occupation, address, social security 14 number, date and place of birth of each party to the 15 proposed marriage; 16 (2) if either party was previously married, his 17 name, and the date, place and court in which the marriage 18 was dissolved or declared invalid or the date and place 19 of death of the former spouse; 20 (3) name and address of the parents or guardian of 21 each party;and22 (4) whether the parties are related to each other 23 and, if so, their relationship; and.24 (5) whether or not the parties have received the 25 minimum pre-marital education (or that the parties are 26 exempt from the pre-marital education requirement). 27 (b) The Director of Public Health shall prescribe the 28 forms for the marriage license, the marriage certificate, the 29 affidavit as to completion of the minimum pre-marital 30 education, and, when necessary, the consent to marriage. 31 (Source: P.A. 80-923.) SB24 Engrossed -2- LRB9200664WHcs 1 (750 ILCS 5/203) (from Ch. 40, par. 203) 2 Sec. 203. License to Marry. 3 (a) When a marriage application has been completed and 4 signed by both parties to a prospective marriage and both 5 parties have appeared before the county clerk and the 6 marriage license fee has been paid, the county clerk shall 7 issue a license to marry and a marriage certificate form upon 8 being furnished: 9 (1) satisfactory proof that each party to the 10 marriage will have attained the age of 18 years at the 11 time the marriage license is effective or will have 12 attained the age of 16 years and has either the consent 13 to the marriage of both parents or his guardian or 14 judicial approval; provided, if one parent cannot be 15 located in order to obtain such consent and diligent 16 efforts have been made to locate that parent by the 17 consenting parent, then the consent of one parent plus a 18 signed affidavit by the consenting parent which (i) names 19 the absent parent and states that he or she cannot be 20 located, and (ii) states what diligent efforts have been 21 made to locate the absent parent, shall have the effect 22 of both parents' consent for purposes of this Section; 23 (2) satisfactory proof that the marriage is not 24 prohibited; and 25 (3) an affidavit or record as prescribed in 26 subparagraph (1) of Section 205 or a court order as 27 prescribed in subparagraph (2) of Section 205, if 28 applicable. 29 (b) The General Assembly finds that Illinois has long 30 made a commitment to strengthening and preserving the 31 integrity of marriage, safeguarding family relationships, and 32 fostering a lifelong commitment of married couples who are 33 married as authorized under the Illinois Marriage and 34 Dissolution of Marriage Act, that the fundamental unit of the SB24 Engrossed -3- LRB9200664WHcs 1 family is the marital relationship between a man and a woman 2 licensed, solemnized, and registered and not otherwise 3 prohibited in this Act, and that strengthening that 4 relationship can in turn benefit the families of Illinois, 5 their children, and their communities. This amendatory Act of 6 the 92nd General Assembly, therefore, is an effort to 7 encourage the learning and application of relationship skills 8 by engaged couples so that their marriage can be stronger. 9 If the parties to a prospective marriage submit to the 10 county clerk a pre-marital education affidavit executed in 11 accordance with this subsection (b) and the parties have 12 complied with the applicable requirements of subsection (a), 13 the county clerk shall issue a license to marry without 14 delay. If the parties have complied with the applicable 15 requirements of subsection (a) but do not submit a 16 pre-marital education affidavit executed in accordance with 17 this subsection (b), the county clerk shall issue a license 18 to marry 60 days after the date an application for a marriage 19 license is submitted; however, if the parties submit a 20 pre-marital education affidavit issued in accordance with 21 this subsection (b) during that 60-day period, the county 22 clerk shall then issue a license to marry without further 23 delay. 24 The parties to a prospective marriage shall execute a 25 pre-marital education affidavit after they complete a 26 pre-marital education program consisting of a minimum of 4 27 hours focusing generally on relationship skills; there shall 28 be no State-prescribed curriculum. The pre-marital education 29 program shall be conducted by a behavioral health 30 professional or a designated representative of a religious 31 institution. The pre-marital education affidavit shall state 32 that the parties to a prospective marriage have completed the 33 pre-marital education program requirements of this subsection 34 (b). If both of the parties to a prospective marriage are SB24 Engrossed -4- LRB9200664WHcs 1 under 18 years of age and unemancipated, one parent or legal 2 guardian of each party shall also execute the pre-marital 3 education affidavit. If one of the parties to a prospective 4 marriage is under 18 years of age and unemancipated, one 5 parent or legal guardian of the party who is under 18 years 6 of age shall also execute the pre-marital education 7 affidavit. Pre-marital education programs for minors shall 8 include counseling on minors and marriage and on extended 9 family roles. Each pre-marital education program provider 10 shall establish a sliding fee schedule that accommodates 11 families of various financial means and shall provide 12 services on a pro bono basis where appropriate. As used in 13 this subsection (b), "behavioral health professional" means a 14 person licensed as a clinical psychologist under the Clinical 15 Psychologist Licensing Act, licensed as a social worker or 16 clinical social worker under the Clinical Social Work and 17 Social Work Practice Act, licensed as a marriage and family 18 therapist under the Marriage and Family Therapist Licensing 19 Act, licensed as a physician under the Medical Practice Act 20 of 1987 and practicing psychiatry, or licensed as a 21 professional counselor or clinical professional counselor 22 under the Professional Counselor and Clinical Professional 23 Counselor Licensing Act. 24 If the parties have not completed a pre-marital education 25 program but one of the parties is suffering from a 26 catastrophic illness or there is a late-stage pregnancy, the 27 parties may so indicate in their affidavit and submit the 28 affidavit to the county clerk. If the parties submit such an 29 affidavit and the parties have complied with the applicable 30 requirements of subsection (a), the county clerk shall issue 31 a license to marry without delay. 32 If both of the parties are at least 55 years of age: 33 (i) the requirements of this subsection (b) do not 34 apply to them; and SB24 Engrossed -5- LRB9200664WHcs 1 (ii) the county clerk shall issue a license to 2 marry without delay if they have complied with the 3 applicable requirements of subsection (a). 4 (c) With each marriage license, the county clerk shall 5 provide a pamphlet describing the causes and effects of fetal 6 alcohol syndrome. 7 (Source: P.A. 86-832; 86-884; 86-1028.)