2016 -- S 2306

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LC004310

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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:

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

of Marriages" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

may be necessary to implement and carry out the provisions of this section and upon payment to

the office of the secretary of state the sum of one hundred fifty dollars ($150), shall issue to said

person a certificate of such designation. Such certificate shall expire upon either the completion

of such solemnization or the day following the particular date set forth in said certificate,

whichever shall occur first. The fees collected under this section shall be deposited into the

general fund.

     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

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

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

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

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

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

would be payable to the secretary of state.

     This act would take effect upon passage.

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