2019 -- S 0325

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LC000484

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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: Senators McCaffrey, Lynch Prata, and Goodwin

     Date Introduced: February 13, 2019

     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.

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     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. In addition to the

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foregoing, the governor may designate any person to solemnize a particular marriage on a

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particular date and in a particular city or town, and may for cause at any time revoke such

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designation; provided, however, that no felon shall be permitted to solemnize a particular

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marriage until completion of such felon's sentence, served or suspended, and while on parole or

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probation regardless of a nolo contendere plea. In the case of persons so designated by the

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governor, the secretary of state shall promulgate rules and regulations as may be necessary to

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implement and carry out the provisions of this section and upon payment to the office of the

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

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

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solemnization or the day following the particular date set forth in said certificate, whichever shall

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occur first. The fees collected under this section shall be 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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