Bill Text: MI HB4297 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Family law; marriage and divorce; persons authorized to solemnize marriage; expand to include a legislator. Amends secs. 7 & 16 of 1846 RS 83 (MCL 551.7 & 551.16).

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced - Dead) 2019-03-07 - Bill Electronically Reproduced 02/26/2019 [HB4297 Detail]

Download: Michigan-2019-HB4297-Introduced.html

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HOUSE BILL No. 4297

 

 

March 6, 2019, Introduced by Reps. Neeley, Love, Ellison, Cherry, Sabo, Elder, Hertel, Sneller, LaFave, Howell, Gay-Dagnogo, Miller, LaGrand, Guerra, Whitsett, Coleman and Jones and referred to the Committee on Government Operations.

 

     A bill to amend 1846 RS 83, entitled

 

"Of marriage and the solemnization thereof,"

 

by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as

 

amended by 2014 PA 278 and section 16 as amended by 2006 PA 419.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) Marriages may be solemnized by any of the

 

following:

 

     (a) A judge of the district court, anywhere in this state.

 

     (b) A district court magistrate, anywhere in this state.

 

     (c) A municipal judge, in the city in which the judge is

 

serving or in a township over which a municipal court has

 

jurisdiction under section 9928 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.9928.

 

     (d) A judge of probate, anywhere in this state.

 

     (e) A judge of a federal court.

 

     (f) A mayor of a city, anywhere in a county in which that city

 

is located.

 

     (g) A county clerk in the county in which the clerk serves, or

 

in another county with the written authorization of the clerk of

 

the other county.

 

     (h) For a county having a population of more than 1,500,000,

 

inhabitants, an employee of the county clerk's office designated by

 

the county clerk, in the county in which the clerk serves.

 

     (i) A minister of the gospel or cleric or religious

 

practitioner, anywhere in this state, if the minister or cleric or

 

religious practitioner is ordained or authorized to solemnize

 

marriages according to the usages of the denomination.

 

     (j) A minister of the gospel or cleric or religious

 

practitioner, anywhere in this state, if the minister or cleric or

 

religious practitioner is not a resident of this state but is

 

authorized to solemnize marriages under the laws of the state in

 

which the minister or cleric or religious practitioner resides.

 

     (k) A state legislator.

 

     (2) A person authorized by this act to solemnize a marriage

 

shall keep proper records and return licenses and certificates as

 

required by section 4 of 1887 PA 128, MCL 551.104.

 

     (3) If a mayor of a city solemnizes a marriage, the mayor

 

shall charge and collect a fee to be determined by the council of

 

that city, which shall be paid to the city treasurer and deposited

 

in the general fund of the city at the end of the month.

     (4) If the county clerk or, in a county having more than

 

1,500,000 inhabitants, an employee of the clerk's office designated

 

by the county clerk solemnizes a marriage, the county clerk shall

 

charge and collect a fee to be determined by the commissioners of

 

the county in which the clerk serves. The fee shall be paid to the

 

treasurer for the county in which the clerk serves and deposited in

 

the general fund of that county at the end of the month.

 

     (5) As used in this section, "state legislator" means an

 

individual elected to the office of state senator or state

 

representative.

 

     Sec. 16. (1) A marriage solemnized before an individual

 

professing to be a district judge, common pleas court judge,

 

district court magistrate, municipal judge, judge of probate, judge

 

of a federal court, mayor, the county clerk or, in a county having

 

a population of more than 2,000,000 inhabitants, 1,500,000, an

 

employee of the county clerk designated by the clerk to solemnize

 

marriages, or a minister of the gospel or cleric or religious

 

practitioner, shall not be considered or adjudged to be or a state

 

legislator is not void, nor shall the validity of the marriage be

 

affected, on account of a want of jurisdiction or authority by that

 

individual if the marriage was consummated with a full belief on

 

the part of the individuals married, or either of them, that they

 

were lawfully joined in marriage.

 

     (2) As used in this section, "state legislator" means an

 

individual elected to the office of state senator or state

 

representative.