2019 -- H 6003

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LC002387

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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 Azzinaro, Shekarchi, Kennedy, Corvese, and Edwards

     Date Introduced: April 12, 2019

     Referred To: House Special Legislation

     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.

     (a) 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.

     (b) Every city or town clerk or assistant clerk may join persons in marriage. They may

also, in their ministerial capacity, designate another person to solemnize a particular marriage

chosen by the prospective marriage partners, on a particular date, and in a particular city or town.

For just cause, that designation may be revoked by the clerk.

     (c) Parties who seek to have the city or town clerk or their assistant, perform a marriage

shall pay a fee of fifty dollars ($50.00) to the marriage licensing municipality. Parties who seek to

have a clerk designate a person to solemnize their marriage, shall pay a fee of one hundred dollars

($100) to the marriage licensing municipality.

     (d) The general assembly and the governor shall be expressly prohibited from authorizing

persons, not listed in this section, to perform individualized solemnization of marriages.

     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 prohibit the general assembly and the governor from authorizing persons,

not expressly empowered to perform solemnization of marriage, to perform marriages. It would

also allow city and town clerks and their assistant clerks to perform weddings and to also

designate others to perform marriages chosen by the prospective marriage partners.

     This act would take effect upon passage.

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