Bill Text: MI SB0740 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Family law; marriage and divorce; persons authorized to officiate civil unions; allow all judges to perform. Amends secs. 7 & 16 of 1846 RS 83 (MCL 551.7 & 551.16).
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-02-03 - Referred To Committee On Judiciary [SB0740 Detail]
Download: Michigan-2015-SB0740-Introduced.html
SENATE BILL No. 740
February 3, 2016, Introduced by Senators WARREN, SMITH and O'BRIEN and referred to the Committee on Judiciary.
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 any
court in this state, 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.
(c) (e)
A judge of a federal court.
(d) (f)
A mayor of a city, anywhere in a
county in which that
city is located.
(e) (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.
(f) (h)
For a county having 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.
(g) (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.
(h) (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.
(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.
Sec. 16. A marriage solemnized before an individual professing
to
be a district judge, common pleas court judge, judge of any
court
in this state, district court
magistrate, municipal judge,
judge
of probate, judge of a federal
court, mayor, the county clerk
or,
in a county having more than 2,000,000 1,500,000 inhabitants,
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
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
