Illinois 2023-2024 Regular Session

Illinois House Bill HB1111 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1111 EngrossedLRB103 05783 LNS 50803 b HB1111 Engrossed LRB103 05783 LNS 50803 b
2		-	HB1111 Engrossed LRB103 05783 LNS 50803 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1111 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: 750 ILCS 5/209 from Ch. 40, par. 209 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a State executive branch constitutional officer who is in office on the date of the solemnization or by a member of the General Assembly who is in office on the date of the solemnization. LRB103 05783 LNS 50803 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1111 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: 750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a State executive branch constitutional officer who is in office on the date of the solemnization or by a member of the General Assembly who is in office on the date of the solemnization. LRB103 05783 LNS 50803 b LRB103 05783 LNS 50803 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1111 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
	3	+	750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209
	4	+	750 ILCS 5/209 from Ch. 40, par. 209
	5	+	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a State executive branch constitutional officer who is in office on the date of the solemnization or by a member of the General Assembly who is in office on the date of the solemnization.
	6	+	LRB103 05783 LNS 50803 b LRB103 05783 LNS 50803 b
	7	+	LRB103 05783 LNS 50803 b
	8	+	A BILL FOR
	9	+	HB1111LRB103 05783 LNS 50803 b HB1111 LRB103 05783 LNS 50803 b
	10	+	HB1111 LRB103 05783 LNS 50803 b
3	11		1 AN ACT concerning civil law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Marriage and Dissolution of
7	15		5 Marriage Act is amended by changing Section 209 as follows:
8	16		6 (750 ILCS 5/209) (from Ch. 40, par. 209)
9	17		7 Sec. 209. Solemnization and registration.
10	18		8 (a) A marriage may be solemnized by a judge of a court of
11	19		9 record, by a retired judge of a court of record, unless the
12	20		10 retired judge was removed from office by the Judicial Inquiry
13	21		11 Board, except that a retired judge shall not receive any
14	22		12 compensation from the State, a county or any unit of local
15	23		13 government in return for the solemnization of a marriage and
16	24		14 there shall be no effect upon any pension benefits conferred
17	25		15 by the Judges Retirement System of Illinois, by a judge of the
18	26		16 Court of Claims, by a county clerk in counties having
19	27		17 2,000,000 or more inhabitants, by a public official whose
20	28		18 powers include solemnization of marriages, by a mayor or
21	29		19 president of a city, village, or incorporated town who is in
22	30		20 office on the date of the solemnization, by a State executive
23	31		21 branch constitutional officer who is in office on the date of
24	32		22 the solemnization, by a member of the General Assembly who is
25	33		23 in office on the date of the solemnization, or in accordance
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29		-	HB1111 Engrossed LRB103 05783 LNS 50803 b
	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1111 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
	38	+	750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209
	39	+	750 ILCS 5/209 from Ch. 40, par. 209
	40	+	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a State executive branch constitutional officer who is in office on the date of the solemnization or by a member of the General Assembly who is in office on the date of the solemnization.
	41	+	LRB103 05783 LNS 50803 b LRB103 05783 LNS 50803 b
	42	+	LRB103 05783 LNS 50803 b
	43	+	A BILL FOR
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32		-	HB1111 Engrossed- 2 -LRB103 05783 LNS 50803 b HB1111 Engrossed - 2 - LRB103 05783 LNS 50803 b
33		-	HB1111 Engrossed - 2 - LRB103 05783 LNS 50803 b
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	49	+	750 ILCS 5/209 from Ch. 40, par. 209
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34	68		1 with the prescriptions of any religious denomination, Indian
35	69		2 Nation or Tribe or Native Group, provided that when such
36	70		3 prescriptions require an officiant, the officiant be in good
37	71		4 standing with his or her religious denomination, Indian Nation
38	72		5 or Tribe or Native Group. Either the person solemnizing the
39	73		6 marriage, or, if no individual acting alone solemnized the
40	74		7 marriage, both parties to the marriage, shall complete the
41	75		8 marriage certificate form and forward it to the county clerk
42	76		9 within 10 days after such marriage is solemnized. A mayor or
43	77		10 president of a city, village, or incorporated town shall not
44	78		11 receive any compensation in return for the solemnization of a
45	79		12 marriage.
46	80		13 (a-5) Nothing in this Act shall be construed to require
47	81		14 any religious denomination or Indian Nation or Tribe or Native
48	82		15 Group, or any minister, clergy, or officiant acting as a
49	83		16 representative of a religious denomination or Indian Nation or
50	84		17 Tribe or Native Group, to solemnize any marriage. Instead, any
51	85		18 religious denomination or Indian Nation or Tribe or Native
52	86		19 Group, or any minister, clergy, or officiant acting as a
53	87		20 representative of a religious denomination or Indian Nation or
54	88		21 Tribe or Native Group is free to choose which marriages it will
55	89		22 solemnize. Notwithstanding any other law to the contrary, a
56	90		23 refusal by a religious denomination or Indian Nation or Tribe
57	91		24 or Native Group, or any minister, clergy, or officiant acting
58	92		25 as a representative of a religious denomination or Indian
59	93		26 Nation or Tribe or Native Group to solemnize any marriage
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70	104		1 under this Act shall not create or be the basis for any civil,
71	105		2 administrative, or criminal penalty, claim, or cause of
72	106		3 action.
73	107		4 (a-10) No church, mosque, synagogue, temple,
74	108		5 nondenominational ministry, interdenominational or ecumenical
75	109		6 organization, mission organization, or other organization
76	110		7 whose principal purpose is the study, practice, or advancement
77	111		8 of religion is required to provide religious facilities for
78	112		9 the solemnization ceremony or celebration associated with the
79	113		10 solemnization ceremony of a marriage if the solemnization
80	114		11 ceremony or celebration associated with the solemnization
81	115		12 ceremony is in violation of its religious beliefs. An entity
82	116		13 identified in this subsection (a-10) shall be immune from any
83	117		14 civil, administrative, criminal penalty, claim, or cause of
84	118		15 action based on its refusal to provide religious facilities
85	119		16 for the solemnization ceremony or celebration associated with
86	120		17 the solemnization ceremony of a marriage if the solemnization
87	121		18 ceremony or celebration associated with the solemnization
88	122		19 ceremony is in violation of its religious beliefs. As used in
89	123		20 this subsection (a-10), "religious facilities" means
90	124		21 sanctuaries, parish halls, fellowship halls, and similar
91	125		22 facilities. "Religious facilities" does not include facilities
92	126		23 such as businesses, health care facilities, educational
93	127		24 facilities, or social service agencies.
94	128		25 (b) The solemnization of the marriage is not invalidated:
95	129		26 (1) by the fact that the person solemnizing the marriage was
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106	140		1 not legally qualified to solemnize it, if a reasonable person
107	141		2 would believe the person solemnizing the marriage to be so
108	142		3 qualified; or (2) by the fact that the marriage was
109	143		4 inadvertently solemnized in a county in Illinois other than
110	144		5 the county where the license was issued and filed.
111	145		6 (c) Any marriage that meets the requirements of this
112	146		7 Section shall be presumed valid.
113	147		8 (Source: P.A. 101-14, eff. 6-14-19.)
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