House Bill #5034 (2021)

AN ACT RELATING TO DOMESTIC RELATIONS -- SOLEMNIZATION OF MARRIAGES

Allows 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.

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Changes since original draft

  • 2021 – H 5034
  • 2021 – H 5034 SUBSTITUTE A
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  • LC000598
  • LC000598/SUB A/2
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO DOMESTIC RELATIONS - SOLEMNIZATION OF MARRIAGES
  • RELATING TO DOMESTIC RELATIONS SOLEMNIZATION OF MARRIAGES
  • Introduced By: Representative Katherine S. Kazarian
  • Date Introduced: January 15, 2021
  • Referred To: House 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 who is eligible to vote in the state of Rhode Island 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. 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. The secretary of state shall issue a certificate of designation upon payment of twenty- five dollars ($25.00). The payment of twenty-five dollars ($25.00) shall be for applications delivered by mail, facsimile or hand. All applications submitted electronically shall pay a fee of twenty dollars ($20.00). Upon payment, a certificate of designation shall be issued. The certificate shall expire upon completion of the solemnization. The fees collected under this section shall be deposited into the general fund.
  • SECTION 2. This act shall take effect upon passage.
  • 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 shall designate, upon application, any person eighteen (18) years or older 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. 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. The secretary of state shall issue a certificate of designation upon payment of twenty- five dollars ($25.00) for applications delivered by mail, facsimile or hand. All applications submitted electronically shall pay a fee of twenty dollars ($20.00). Upon payment, a certificate of designation shall be issued within twenty-one (21) days. The certificate shall expire upon completion of the solemnization. The fees collected under this section shall be deposited into the general fund.
  • SECTION 2. This act shall take on January 1, 2022.
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  • LC000598
  • LC000598/SUB A/2
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO DOMESTIC RELATIONS - SOLEMNIZATION OF MARRIAGES
  • ***
  • This act would allow the governor to designate any person who is eligible to vote 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. A fee in the amount of twenty-five dollars ($25.00) would be a prerequisite and would be payable to the secretary of state.
  • This act would take effect upon passage. ======== LC000598 ========
  • A N A C T
  • RELATING TO DOMESTIC RELATIONS SOLEMNIZATION OF MARRIAGES
  • ***
  • This act would allow the governor to designate any person, upon application, eighteen (18) year old or older 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. A fee in the amount of twenty-five dollars ($25.00) would be a prerequisite and would be payable to the secretary of state.
  • This act would take effect on January 1, 2022. ======== LC000598/SUB A/2 ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage In Concurrence

June 28, 2019 at 9:14pm
Yeas: 29 / Nays: 3 / Not voting: 6 / Recused: 0
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley NV
Sen. Cruz N
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan N
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers N
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y

Floor vote for Passage

June 22, 2021 at 6:23pm
Yeas: 36 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell Y
Sen. Burke Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Coyne Y
Sen. Cruz Y
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo NV
Sen. Mack Y
Sen. McCaffrey Y
Sen. Mendes Y
Sen. Miller Y
Sen. Morgan NV
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y