2016 -- S 2306 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO DOMESTIC RELATIONS - SOLEMNIZATION OF MARRIAGES

     

     Introduced By: Senators McCaffrey, and Lombardi

     Date Introduced: February 09, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-3-5 of the General Laws in Chapter 15-3 entitled "Solemnization

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of Marriages" is hereby amended to read as follows:

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     15-3-5. Officials empowered to join persons in marriage. -- Every ordained clergy or

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elder in good standing; every justice of the supreme court, superior court, family court, workers'

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compensation court, district court or traffic tribunal; the clerk of the supreme court; every clerk,

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administrative clerk, or general chief clerk of a superior court, family court, district court, or

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traffic tribunal; magistrates, special or general magistrates of the superior court, family court,

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traffic tribunal or district court; administrative clerks of the district court; administrators of the

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workers' compensation court; every former justice or judge and former administrator of these

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courts; every former chief clerk of the district court; every former clerk, administrative clerk, or

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general chief clerk of a superior court; the secretary of the senate; elected clerks of the general

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assembly;, any former secretary of the senate; any former elected clerk of the general assembly

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who retires after July 1, 2007; judges of the United States appointed pursuant to Article III of the

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United States Constitution; bankruptcy judges appointed pursuant to Article I of the United States

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Constitution; and United States magistrate judges appointed pursuant to federal law, may join

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persons in marriage in any city or town in this state; and every justice and every former justice of

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the municipal courts of the cities and towns in this state and of the police court of the town of

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Johnston and the administrator of the Johnston municipal court, while he or she is serving as an

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administrator, and every probate judge and every former probate judge may join persons in

 

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marriage in any city or town in this state, and wardens of the town of New Shoreham may join

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persons in marriage in New Shoreham. In addition to the foregoing, the governor may designate

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any person to solemnize a particular marriage on a particular date and in a particular city or town,

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and may for cause at any time revoke such designation; provided, however, that no felon shall be

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permitted to solemnize a particular marriage until completion of such felon's sentence, served or

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suspended, and while on parole or probation regardless of a nolo contendere plea. In the case of

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persons so designated by the governor, the secretary of state shall promulgate rules and

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regulations as may be necessary to implement and carry out the provisions of this section and

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upon payment to the office of the secretary of state the sum of one hundred fifty dollars ($150),

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shall issue to said person a certificate of such designation. Such certificate shall expire upon

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either the completion of such solemnization or the day following the particular date set forth in

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said certificate, whichever shall occur first. The fees collected under this section shall be

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deposited into the general fund.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS - SOLEMNIZATION OF MARRIAGES

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     This act would allow the governor to designate any person to solemnize a marriage

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within the state of Rhode Island on a particular day and within a particular city or town. Said

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authorization would expire upon completion of the marriage or the following day of the

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scheduled marriage, whichever occurs first. People who are under a sentence or while on parole

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or probation for any felony would be ineligible to solemnize a marriage until said sentence is

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completed. A fee in the amount of one hundred fifty dollars ($150) would be a prerequisite and

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would be payable to the secretary of state.

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     This act would take effect upon passage.

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