2019 -- H 5238

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO DOMESTIC RELATIONS - SOLEMNIZATION OF MARRIAGES

     

     Introduced By: Representatives Kazarian, Amore, Serodio, Carson, and Shekarchi

     Date Introduced: January 30, 2019

     Referred To: House 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.

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     (a) Every ordained clergy or elder in good standing; every justice of the supreme court,

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superior court, family court, workers' compensation court, district court or traffic tribunal; the

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clerk of the supreme court; every clerk, administrative clerk, or general chief clerk of a superior

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court, family court, district court, or traffic tribunal; magistrates, special or general magistrates of

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the superior court, family court, traffic tribunal or district court; administrative clerks of the

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district court; administrators of the workers' compensation court; every former justice or judge

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and former administrator of these courts; every former chief clerk of the district court; every

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former clerk, administrative clerk, or general chief clerk of a superior court; the secretary of the

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senate; elected clerks of the general assembly; any former secretary of the senate; any former

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elected clerk of the general assembly who retires after July 1, 2007; judges of the United States

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

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pursuant to Article I of the United States Constitution; and United States magistrate judges

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appointed pursuant to federal law, may join persons in marriage in any city or town in this state;

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and every justice and every former justice of the municipal courts of the cities and towns in this

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state and of the police court of the town of Johnston and the administrator of the Johnston

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municipal court, while he or she is serving as an administrator, and every probate judge and every

 

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former probate judge may join persons in marriage in any city or town in this state, and wardens

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of the town of New Shoreham may join persons in marriage in New Shoreham.

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     (b) The governor may also, in his or her discretion, designate a justice of the peace in

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each city or town, or more than one justice of the peace in each city or town, not to exceed one

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for every five thousand (5,000) inhabitants of a city or town, as he or she considers expedient, to

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solemnize marriages, and may for just cause at any time revoke the designation.

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     (c) The secretary of state shall issue a certificate of designation upon payment of twenty-

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five dollars ($25.00) by the justice of peace designated pursuant to subsection (b) of this section,

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who is also a clerk or an assistant clerk of a city or town. The fee shall be fifty dollars ($50.00) by

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any other justice that is designated.

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     (d) In addition to the foregoing, the governor may designate any other person to

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solemnize a particular marriage on a particular date and in a particular city or town, and may for

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cause revoke that designation. The secretary of state shall issue a certificate of designation upon

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payment of twenty-five dollars ($25.00). The payment of twenty-five dollars ($25.00) shall be for

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applications delivered by mail, facsimile or hand. All applications submitted electronically shall

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pay a fee of twenty dollars ($20.00). Upon payment, a certificate of designation shall be issued.

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The certificate shall expire upon completion of the solemnization.

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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 authorize the governor in his or her discretion to designate a justice of the

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peace in each town or city, as considered expedient, to solemnize marriages. It would also allow

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the governor to designate any other person to solemnize a particular marriage on a particular date.

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There would be a fee to obtain a certificate of designation, whether the application is submitted

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by mail, hand, facsimile or electronically.

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     This act would take effect upon passage.

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