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92_SB0024 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. 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.) -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) If the parties to a prospective marriage submit to 30 the county clerk a pre-marital education affidavit executed 31 in accordance with this subsection (b) and the parties have 32 complied with the applicable requirements of subsection (a), 33 the county clerk shall issue a license to marry without 34 delay. If the parties have complied with the applicable -3- LRB9200664WHcs 1 requirements of subsection (a) but do not submit a 2 pre-marital education affidavit executed in accordance with 3 this subsection (b), the county clerk shall issue a license 4 to marry 60 days after the date an application for a marriage 5 license is submitted; however, if the parties submit a 6 pre-marital education affidavit issued in accordance with 7 this subsection (b) during that 60-day period, the county 8 clerk shall then issue a license to marry without further 9 delay. 10 The parties to a prospective marriage shall execute a 11 pre-marital education affidavit after they complete a 12 pre-marital education program consisting of a minimum of 4 13 hours focusing on communication, conflict resolution, and 14 other relationship skills and conducted by a behavioral 15 health professional or an official representative of a 16 religious institution. The pre-marital education affidavit 17 shall state that the parties to a prospective marriage have 18 completed the pre-marital education program requirements of 19 this subsection (b). If either of the parties to a 20 prospective marriage is under 18 years of age and 21 unemancipated, one parent or legal guardian of each party 22 shall also execute the pre-marital education affidavit. 23 Pre-marital education programs for minors shall include 24 counseling on minors and marriage and on extended family 25 roles. Each pre-marital education program provider shall 26 establish a sliding fee schedule that accommodates families 27 of various financial means and shall provide services on a 28 pro bono basis where appropriate. As used in this subsection 29 (b), "behavioral health professional" means a person licensed 30 as a clinical psychologist under the Clinical Psychologist 31 Licensing Act, licensed as a social worker or clinical social 32 worker under the Clinical Social Work and Social Work 33 Practice Act, licensed as a marriage and family therapist 34 under the Marriage and Family Therapist Licensing Act, -4- LRB9200664WHcs 1 licensed as a physician under the Medical Practice Act of 2 1987 and practicing psychiatry, or licensed as a professional 3 counselor or clinical professional counselor under the 4 Professional Counselor and Clinical Professional Counselor 5 Licensing Act. 6 If the parties have not completed a pre-marital education 7 program but one of the parties is suffering from a 8 catastrophic illness or there is a late-stage pregnancy, the 9 parties may so indicate in their affidavit and submit the 10 affidavit to the county clerk. If the parties submit such an 11 affidavit and the parties have complied with the applicable 12 requirements of subsection (a), the county clerk shall issue 13 a license to marry without delay. 14 (c) With each marriage license, the county clerk shall 15 provide a pamphlet describing the causes and effects of fetal 16 alcohol syndrome. 17 (Source: P.A. 86-832; 86-884; 86-1028.)