Illinois 99th Regular Session Status: Passed Senate

SB 166 — CERTIFIED MARRIAGE CELEBRANT

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Probate Act of 1975. Makes a technical change to a Section concerning a testator's capacity.

Bill Text

What changed in the latest version

152 added · 21 removed

Plain-language change summary

The changes to SB 166 primarily involve updating the section related to the solemnization and registration of marriages in Illinois. New wording clarifies that a retired judge can solemnize a marriage, but cannot receive state compensation for doing so. This is important as it maintains the integrity of the judges’ pension system while ensuring that there are recognized officiants available to perform marriages. Additionally, the bill emphasizes that officiants must be in good standing within their religious or cultural groups, which supports inclusivity in marriage ceremonies.

→
Previous
Latest
*LRB09903393HEP23401b* SB0166 99TH GENERAL ASSEMBLY State of Illinois and 2016 SB0166 Introduced 1/28/2015, by Sen.
SB0166 Engrossed LRB099 03393 HEP 23401 b AN ACT concerning civil law.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
ILCS 5/4-1 from Ch.
110 1/2, par.
4-1 concerning a testator's capacity..
Makes a technical change to a Section LRB099 03393 HEP 23401 b A BILL FOR SB0166 LRB099 03393 HEP 23401 b AN ACT concerning civil law.
The Probate Act of 1975 is amended by changing Section 4-1 as follows:
The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 209 as follows:
(755 ILCS 5/4-1) (from Ch.
(750 ILCS 5/209) (from Ch.
110 1/2, par.
40, par.
4-1) Sec.
209) Sec.
4-1.
209.
Capacity of testator.) Every person who has attained the the age of 18 years and is of sound mind and memory has power to bequeath by will the real and personal estate which he has at the time of his death.
Solemnization and Registration.
(a) A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, by a certified marriage celebrant, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group.
Either SB0166 Engrossed - 2 - LRB099 03393 HEP 23401 b the person solemnizing the marriage, or, if no individual acting alone solemnized the marriage, both parties to the marriage, shall complete the marriage certificate form and forward it to the county clerk within 10 days after such marriage is solemnized.
As used in this subsection (a):
"Certified marriage celebrant" means a celebrant or officiant of any life stance organization who is authorized by the organization to solemnize marriages.
"Life stance organization" means a group:
that is recognized as a nonprofit organization by the Internal Revenue Service;
whose members are committed to the promotion of a life stance based upon comprehensive values, beliefs, and practices;
and that is not affiliated with or controlled by any religious institution or religious authority.
(a-5) Nothing in this Act shall be construed to require any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group, to solemnize any marriage.
Instead, any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group is free to choose which marriages it will solemnize.
Notwithstanding any other law to the contrary, a refusal by a religious denomination or Indian Nation or Tribe SB0166 Engrossed - 3 - LRB099 03393 HEP 23401 b or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action.
(a-10) No church, mosque, synagogue, temple, nondenominational ministry, interdenominational or ecumenical organization, mission organization, or other organization whose principal purpose is the study, practice, or advancement of religion is required to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs.
An entity identified in this subsection (a-10) shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs.
As used in this subsection (a-10), "religious facilities" means sanctuaries, parish halls, fellowship halls, and similar facilities.
"Religious facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social service agencies.
SB0166 Engrossed - 4 - LRB099 03393 HEP 23401 b (a-15) Nothing in this Act shall be construed to require a certified marriage celebrant to solemnize any marriage.
Instead, any life stance organization or certified marriage celebrant is free to choose which marriages the life stance organization or certified marriage celebrant will solemnize.
Notwithstanding any other law to the contrary, a refusal by a life stance organization or certified marriage celebrant to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action.
No life stance organization is required to provide facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of the life stance organization's beliefs.
An entity identified in this subsection (a-15) shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its beliefs.
As used in this subsection (a-15), "facilities" means facilities designed and used for gatherings of members of the life stance organization.
"Facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social SB0166 Engrossed - 5 - LRB099 03393 HEP 23401 b service agencies.
(b) The solemnization of the marriage is not invalidated:
(1) by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if a reasonable person would believe the person solemnizing the marriage to be so qualified;
or (2) by the fact that the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was issued and filed.
(c) Any marriage that meets the requirements of this Section shall be presumed valid.
80-808.)
98-597, eff.
Show all 69 changed rows (29 more)
Previous
Latest
6-1-14;
99-90, eff.
1-1-16.) Section 10.
The Illinois Religious Freedom Protection and Civil Union Act is amended by changing Sections 15 and 40 as follows:
(750 ILCS 75/15) Sec.
15.
Religious freedom.
Nothing in this Act shall interfere with or regulate the religious practice of any religious body or life stance organization.
Any religious body, Indian Nation or Tribe or Native Group, or life stance organization is free to choose whether or not to solemnize or officiate a civil union.
As used in this Section, "life stance organization" has the meaning provided in Section 209 of the Illinois Marriage and Dissolution of Marriage Act.
SB0166 Engrossed - 6 - LRB099 03393 HEP 23401 b (Source:
P.A.
96-1513, eff.
6-1-11.) (750 ILCS 75/40) Sec.
40.
Certification.
A civil union may be certified:
by a judge of a court of record;
by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county, or any unit of local government in return for the solemnization of a civil union and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois;
by a judge of the Court of Claims;
by a county clerk in counties having 2,000,000 or more inhabitants;
by a public official whose powers include solemnization of marriages;
or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group;
or by a certified marriage celebrant, as that term is defined in Section 209 of the Illinois Marriage and Dissolution of Marriage Act.
The person performing a civil union shall complete the certificate and forward it to the county clerk within 10 days after a civil union.
(Source:
P.A.
96-1513, eff.
6-1-11.)
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(b) / Re-referred to Rules Committee

  3. Arrived in House

  4. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  5. Third Reading - Passed; 051-000-000

  6. Placed on Calendar Order of 3rd Reading

  7. Senate Floor Amendment No. 2 Adopted; J. Cullerton

  8. Recalled to Second Reading

  9. Chief Sponsor Changed to Sen. Kwame Raoul

  10. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 007-001-002

  11. Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments

  12. Senate Floor Amendment No. 2 Assignments Refers to Judiciary

  13. Senate Floor Amendment No. 2 Referred to Assignments

  14. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  15. Senate Floor Amendment No. 1 Referred to Assignments

  16. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  17. Rule 2-10 Committee/3rd Reading Deadline Established As May 27, 2016

  18. Rule 2-10 Committee/3rd Reading Deadline Established As May 13, 2016

  19. Placed on Calendar Order of 3rd Reading April 18, 2016

  20. Approved for Consideration Assignments

  21. Re-referred to Assignments

  22. Placed on Calendar Order of 3rd Reading April 16, 2015

  23. Second Reading

  24. Placed on Calendar Order of 2nd Reading April 14, 2015

  25. Do Pass Executive; 016-000-000

  26. Assigned to Executive

  27. Referred to Assignments

  28. First Reading

  29. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Kwame Raoul · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Kwame Raoul

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 33006
Democrat 14000
Republican 4002
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Not Voting
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
Link — Yea
Luechtefeld — Yea
Harris — Yea
Bennett — Yea
McCann — Yea
McConnaughay — Yea
McGuire — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Brady — Yea
Sullivan — Yea
Nybo — Yea
Oberweis — Yea
Radogno — Yea
Cullerton, T. — Yea
Cullerton — Yea
Steans — Yea
Clayborne — Yea
Connelly — Yea
Forby — Not Voting
Haine — Not Voting
Hutchinson — Yea
Trotter — Yea
McCarter — Not Voting
Silverstein — Not Voting
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Neil Anderson Republican Not Voting
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 166 do?
Amends the Probate Act of 1975. Makes a technical change to a Section concerning a testator's capacity.
Who sponsors SB 166?
SB 166 is sponsored by Kwame Raoul.
What is the current status of SB 166?
This bill died with 99th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 166?
Track SB 166 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 166

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 166

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →