Sen. John J. Cullerton

Filed: 11/29/2010





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2    AMENDMENT NO. ______. Amend House Bill 3806, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Illinois Religious Freedom Protection and Civil Union Act.
7    Section 5. Purposes; rules of construction. This Act shall
8be liberally construed and applied to promote its underlying
9purposes, which are to provide adequate procedures for the
10certification and registration of a civil union and provide
11persons entering into a civil union with the obligations,
12responsibilities, protections, and benefits afforded or
13recognized 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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1persons named on the certificate have established a civil union
2in this State in compliance with this Act.
3    "Civil union" means a legal relationship between 2 persons,
4of either the same or opposite sex, established pursuant to
5this Act.
6    "Department" means the Department of Public Health.
7    "Officiant" means the person authorized to certify a civil
8union in accordance with Section 40.
9    "Party to a civil union" means a person who has established
10a civil union pursuant to this Act. "Party to a civil union"
11means, and shall be included in, any definition or use of the
12terms "spouse", "family", "immediate family", "dependent",
13"next of kin", and other terms that denote the spousal
14relationship, as those terms are used throughout the law.
15    Section 15. Religious freedom. Nothing in this Act shall
16interfere with or regulate the religious practice of any
17religious body. Any religious body, Indian Nation or Tribe or
18Native Group is free to choose whether or not to solemnize or
19officiate a civil union.
20    Section 20. Protections, obligations, and
21responsibilities. A party to a civil union is entitled to the
22same legal obligations, responsibilities, protections, and
23benefits as are afforded or recognized by the law of Illinois
24to spouses, whether they derive from statute, administrative



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1rule, policy, common law, or any other source of civil or
2criminal law.
3    Section 25. Prohibited civil unions. The following civil
4unions 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
19for an application, license, and certificate for a civil union.
20    (b) An application for a civil union shall include the
21following 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
14both parties, applicable fees have been paid, and both parties
15have appeared before the county clerk, the county clerk shall
16issue a license and a certificate of civil union upon being
17furnished satisfactory proof that the civil union is not
19    (d) A license becomes effective in the county where it was
20issued one day after the date of issuance, and expires 60 days
21after it becomes effective.
22    (e) The certificate must be completed and returned to the
23county clerk that issued the license within 10 days of the
24civil union.
25    (f) A copy of the completed certificate from the county
26clerk or the return provided to the Department of Public Health



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1by a county clerk shall be presumptive evidence of the civil
2union in all courts.
3    Section 35. Duties of the county clerk.
4    (a) Before issuing a civil union license to a person who
5resides and intends to continue to reside in another state, the
6county clerk shall satisfy himself or herself by requiring
7affidavits or otherwise that the person is not prohibited from
8entering into a civil union or substantially similar legal
9relationship by the laws of the jurisdiction where he or she
11    (b) Upon receipt of the certificate, the county clerk shall
12notify the Department of Public Health within 45 days. The
13county clerk shall provide the Department of Public Health with
14a return on a form furnished by the Department of Public Health
15and 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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1Department of Public Health the total number of civil union
2applications, licenses, and certificates filed during the
4    (d) Any official issuing a license with knowledge that the
5parties are thus prohibited from entering into a civil union
6shall be guilty of a petty offense.
7    Section 40. Certification. A civil union may be certified:
8by a judge of a court of record; by a retired judge of a court
9of record, unless the retired judge was removed from office by
10the Judicial Inquiry Board, except that a retired judge shall
11not receive any compensation from the State, a county, or any
12unit of local government in return for the solemnization of a
13civil union and there shall be no effect upon any pension
14benefits conferred by the Judges Retirement System of Illinois;
15by a judge of the Court of Claims; by a county clerk in
16counties having 2,000,000 or more inhabitants; by a public
17official whose powers include solemnization of marriages; or in
18accordance with the prescriptions of any religious
19denomination, Indian Nation or Tribe or Native Group, provided
20that when such prescriptions require an officiant, the
21officiant be in good standing with his or her religious
22denomination, Indian Nation or Tribe or Native Group. The
23person performing a civil union shall complete the certificate
24and forward it to the county clerk within 10 days after a civil



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1    Section 45. Dissolution; declaration of invalidity. Any
2person who enters into a civil union in Illinois consents to
3the jurisdiction of the courts of Illinois for the purpose of
4any action relating to a civil union even if one or both
5parties cease to reside in this State. A court shall enter a
6judgment of dissolution of a civil union if at the time the
7action is commenced it meets the grounds for dissolution set
8forth in Section 401 of the Illinois Marriage and Dissolution
9of Marriage Act. The provisions of Sections 401 through 413 of
10the Illinois Marriage and Dissolution of Marriage Act shall
11apply to a dissolution of a civil union. The provisions of
12Sections 301 through 306 of the Illinois Marriage and
13Dissolution of Marriage Act shall apply to the declaration of
14invalidity of a civil union.
15    Section 50. Application of the Civil Practice Law. The
16provisions of the Civil Practice Law shall apply to all
17proceedings under this Act, except as otherwise provided in
18this Act. A proceeding for dissolution of a civil union or
19declaration of invalidity of a civil union shall be entitled
20"In re the Civil Union of ... and ...". The initial pleading in
21all proceedings under this Act shall be denominated a petition.
22A responsive pleading shall be denominated a response. All
23other pleadings under this Act shall be denominated as provided
24in the Civil Practice Law.



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1    Section 55. Venue. The proceedings shall be had in the
2county where the petitioner or respondent resides or where the
3parties' certificate of civil union was issued, except as
4otherwise provided herein, but process may be directed to any
5county in the State. Objection to venue is barred if not made
6within such time as the respondent's response is due. In no
7event shall venue be deemed jurisdictional.
8    Section 60. Reciprocity. A marriage between persons of the
9same sex, a civil union, or a substantially similar legal
10relationship other than common law marriage, legally entered
11into in another jurisdiction, shall be recognized in Illinois
12as a civil union.
13    Section 90. Severability. If any part of this Act or its
14application to any person or circumstance is adjudged invalid,
15the adjudication or application shall not affect the validity
16of this Act as a whole or of any other part.".