Text of IL HB 2234 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2234 Introduced 2/18/2009, by Rep. Greg Harris SYNOPSIS AS INTRODUCED: New Act Creates the Illinois Religious Freedom Protection and Civil Union Act. Defines "civil union" as a legal relationship between 2 persons, of either the same or opposite sex, established in accordance with the Act. Provides that a party to a civil union shall be entitled to the same legal obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses. Prohibits certain civil unions. Provides that the Director of Public Health shall prescribe forms for an application, license, and certificate for a civil union. Contains provisions regarding: application for a civil union license; certification of a civil union; and duties of the county clerk and Department of Public Health. Provides for dissolution and declaration of invalidity of a civil union. Provides that a marriage between persons of the same sex, a civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union. Contains provisions regarding construction, application, religious freedom, severability, and other matters. LRB096 04779 AJO 14843 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB2234 LRB096 04779 AJO 14843 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Illinois Religious Freedom Protection and Civil Union Act. 6 Section 5. Purposes; rules of construction. This Act shall 7 be liberally construed and applied to promote its underlying 8 purposes, which are to provide adequate procedures for the 9 certification and registration of a civil union and provide 10 persons entering into a civil union with the obligations, 11 responsibilities, protections, and benefits afforded or 12 recognized by the law of Illinois to spouses. 13 Section 10. Definitions. As used in this Act: 14 "Certificate" means a document that certifies that the 15 persons named on the certificate have established a civil union 16 in this State in compliance with this Act. 17 "Civil union" means a legal relationship between 2 persons, 18 of either the same or opposite sex, established pursuant to 19 this Act. 20 "Department" means the Department of Public Health. 21 "Officiant" means the person authorized to certify a civil 22 union in accordance with Section 40. HB2234 - 2 - LRB096 04779 AJO 14843 b 1 "Party to a civil union" means a person who has established 2 a civil union pursuant to this Act. "Party to a civil union" 3 means, and shall be included in, any definition or use of the 4 terms "spouse", "family", "immediate family", "dependent", 5 "next of kin", and other terms that denote the spousal 6 relationship, as those terms are used throughout the law. 7 Section 15. Religious freedom. Nothing in this Act shall 8 interfere with or regulate the religious practice of any 9 religious body. Any religious body, Indian Nation or Tribe or 10 Native Group is free to choose whether or not to solemnize or 11 officiate a civil union. 12 Section 20. Protections, obligations, and 13 responsibilities. A party to a civil union is entitled to the 14 same legal obligations, responsibilities, protections, and 15 benefits as are afforded or recognized by the law of Illinois 16 to spouses, whether they derive from statute, administrative 17 rule, policy, common law, or any other source of civil or 18 criminal law. 19 Section 25. Prohibited civil unions. The following civil 20 unions are prohibited: 21 (1) a civil union entered into prior to both parties 22 attaining 18 years of age; 23 (2) a civil union entered into prior to the dissolution HB2234 - 3 - LRB096 04779 AJO 14843 b 1 of a marriage or civil union or substantially similar legal 2 relationship of one of the parties; 3 (3) a civil union between an ancestor and a descendent 4 or between siblings whether the relationship is by the half 5 or the whole blood or by adoption; 6 (4) a civil union between an aunt or uncle and a niece 7 or nephew, whether the relationship is by the half or the 8 whole blood or by adoption; and 9 (5) a civil union between first cousins. 10 Section 30. Application, license, and certification. 11 (a) The Director of Public Health shall prescribe the form 12 for an application, license, and certificate for a civil union. 13 (b) An application for a civil union shall include the 14 following information: 15 (1) name, sex, occupation, address, social security 16 number, date and place of birth of each party to the civil 17 union; 18 (2) name and address of the parents or guardian of each 19 party; 20 (3) whether the parties are related to each other and, 21 if so, their relationship; and 22 (4) in the event either party was previously married or 23 entered into a civil union or a substantially similar legal 24 relationship, provide the name, date, place and the court 25 in which the marriage or civil union or substantially HB2234 - 4 - LRB096 04779 AJO 14843 b 1 similar legal relationship was dissolved or declared 2 invalid or the date and place of death of the former spouse 3 or of the party to the civil union or substantially similar 4 legal relationship. 5 (c) When an application has been completed and signed by 6 both parties, applicable fees have been paid, and both parties 7 have appeared before the county clerk, the county clerk shall 8 issue a license and a certificate of civil union upon being 9 furnished satisfactory proof that the civil union is not 10 prohibited. 11 (d) A license becomes effective in the county where it was 12 issued one day after the date of issuance, and expires 60 days 13 after it becomes effective. 14 (e) The certificate must be completed and returned to the 15 county clerk that issued the license within 10 days of the 16 civil union. 17 (f) A copy of the completed certificate from the county 18 clerk or the return provided to the Department of Public Health 19 by a county clerk shall be presumptive evidence of the civil 20 union in all courts. 21 Section 35. Duties of the county clerk. 22 (a) Before issuing a civil union license to a person who 23 resides and intends to continue to reside in another state, the 24 county clerk shall satisfy himself or herself by requiring 25 affidavits or otherwise that the person is not prohibited from HB2234 - 5 - LRB096 04779 AJO 14843 b 1 entering into a civil union or substantially similar legal 2 relationship by the laws of the jurisdiction where he or she 3 resides. 4 (b) Upon receipt of the certificate, the county clerk shall 5 notify the Department of Public Health within 45 days. The 6 county clerk shall provide the Department of Public Health with 7 a return on a form furnished by the Department of Public Health 8 and shall substantially consist of the following items: 9 (1) a copy of the application signed and attested to by 10 the applicants, except that in any county in which the 11 information provided in a civil union application is 12 entered into a computer, the county clerk may submit a 13 computer copy of the information without the signatures and 14 attestations of the applicants; 15 (2) the license number; 16 (3) a copy of the certificate; and 17 (4) the date and location of the civil union. 18 (c) Each month, the county clerk shall report to the 19 Department of Public Health the total number of civil union 20 applications, licenses, and certificates filed during the 21 month. 22 (d) Any official issuing a license with knowledge that the 23 parties are thus prohibited from entering into a civil union 24 shall be guilty of a petty offense. 25 Section 40. Certification. A civil union may be certified: HB2234 - 6 - LRB096 04779 AJO 14843 b 1 by a judge of a court of record; by a retired judge of a court 2 of record, unless the retired judge was removed from office by 3 the Judicial Inquiry Board, except that a retired judge shall 4 not receive any compensation from the State, a county, or any 5 unit of local government in return for the solemnization of a 6 civil union and there shall be no effect upon any pension 7 benefits conferred by the Judges Retirement System of Illinois; 8 by a judge of the Court of Claims; by a county clerk in 9 counties having 2,000,000 or more inhabitants; by a public 10 official whose powers include solemnization of marriages; or in 11 accordance with the prescriptions of any religious 12 denomination, Indian Nation or Tribe or Native Group, provided 13 that when such prescriptions require an officiant, the 14 officiant be in good standing with his or her religious 15 denomination, Indian Nation or Tribe or Native Group. The 16 person performing a civil union shall complete the certificate 17 and forward it to the county clerk within 10 days after a civil 18 union. 19 Section 45. Dissolution; declaration of invalidity. Any 20 person who enters into a civil union in Illinois consents to 21 the jurisdiction of the courts of Illinois for the purpose of 22 any action relating to a civil union even if one or both 23 parties cease to reside in this State. A court shall enter a 24 judgment of dissolution of a civil union if at the time the 25 action is commenced it meets the grounds for dissolution set HB2234 - 7 - LRB096 04779 AJO 14843 b 1 forth in Section 401 of the Illinois Marriage and Dissolution 2 of Marriage Act. The provisions of Sections 401 through 413 of 3 the Illinois Marriage and Dissolution of Marriage Act shall 4 apply to a dissolution of a civil union. The provisions of 5 Sections 301 through 306 of the Illinois Marriage and 6 Dissolution of Marriage Act shall apply to the declaration of 7 invalidity of a civil union. 8 Section 50. Application of the Civil Practice Law. The 9 provisions of the Civil Practice Law shall apply to all 10 proceedings under this Act, except as otherwise provided in 11 this Act. A proceeding for dissolution of a civil union or 12 declaration of invalidity of a civil union shall be entitled 13 "In re the Civil Union of ... and ...". The initial pleading in 14 all proceedings under this Act shall be denominated a petition. 15 A responsive pleading shall be denominated a response. All 16 other pleadings under this Act shall be denominated as provided 17 in the Civil Practice Law. 18 Section 55. Venue. The proceedings shall be had in the 19 county where the petitioner or respondent resides or where the 20 parties' certificate of civil union was issued, except as 21 otherwise provided herein, but process may be directed to any 22 county in the State. Objection to venue is barred if not made 23 within such time as the respondent's response is due. In no 24 event shall venue be deemed jurisdictional. HB2234 - 8 - LRB096 04779 AJO 14843 b 1 Section 60. Reciprocity. A marriage between persons of the 2 same sex, a civil union, or a substantially similar legal 3 relationship other than common law marriage, legally entered 4 into in another jurisdiction, shall be recognized in Illinois 5 as a civil union. 6 Section 90. Severability. If any part of this Act or its 7 application to any person or circumstance is adjudged invalid, 8 the adjudication or application shall not affect the validity 9 of this Act as a whole or of any other part.