093_HB1629eng

 
HB1629 Engrossed                     LRB093 06871 LCB 07017 b

 1        AN ACT concerning marriage.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Marriage  and  Dissolution of
 5    Marriage Act is amended by changing Sections 202 and  203  as
 6    follows:

 7        (750 ILCS 5/202) (from Ch. 40, par. 202)
 8        Sec. 202.  Marriage License and Marriage Certificate.)
 9        (a)  The  Director  of  Public Health shall prescribe the
10    form for an application for a marriage license,  which  shall
11    include the following information:
12             (1)  name, sex, occupation, address, social security
13        number,  date  and  place  of  birth of each party to the
14        proposed marriage;
15             (2)  if either party  was  previously  married,  his
16        name, and the date, place and court in which the marriage
17        was  dissolved  or declared invalid or the date and place
18        of death of the former spouse;
19             (3)  name and address of the parents or guardian  of
20        each party; and
21             (4)  whether  the  parties are related to each other
22        and, if so, their relationship; and.
23             (5)  whether or not the parties  have  received  the
24        minimum  pre-marital  education  (or that the parties are
25        exempt from the pre-marital  education requirement).
26        (b)  The Director of Public Health  shall  prescribe  the
27    forms for the marriage license, the marriage certificate, the
28    affidavit   as  to  completion  of  the  minimum  pre-marital
29    education, and, when necessary, the consent to marriage.
30    (Source: P.A. 80-923.)
 
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 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
 
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 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  93rd  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
 
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 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
 
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 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.)