Bill Text: PA HB270 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for persons qualified to solemnize marriages.

Spectrum: Slight Partisan Bill (Democrat 23-14)

Status: (Passed) 2009-07-14 - Act No. 18 [HB270 Detail]

Download: Pennsylvania-2009-HB270-Amended.html

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PRIOR PRINTER'S NO. 289 PRINTER'S NO. 914
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 270 Session of2009
INTRODUCED BY P. COSTA, WALKO, CALTAGIRONE, COHEN, FRANKEL, MANN, CARROLL, CONKLIN, CRUZ, GOODMAN, KORTZ, KOTIK, LONGIETTI, M. O'BRIEN, READSHAW, SABATINA, SIPTROTH, K. SMITH, STABACK, WHITE, BEYER, BOYD, CREIGHTON, FAIRCHILD, FLECK, GEIST, GROVE, HARKINS, HENNESSEY, MARSHALL, PYLE, SWANGER, BENNINGHOFF, FREEMAN, PALLONE AND STERN, FEBRUARY 5, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 9, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for persons
qualified to solemnize marriages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1503 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1503. Persons qualified to solemnize marriages.
(a) General rule.--The following are authorized to solemnize
marriages between persons that produce a marriage license issued
under this part:
(1) A justice, judge or magisterial district judge of
this Commonwealth.
(2) A former or retired justice, judge or magisterial
district judge of this Commonwealth who is serving as a
senior judge or senior magisterial district judge as provided
or prescribed by law[.]; or not serving as a senior judge or
senior magisterial district judge but meets the following
criteria:
(i) has served as a magisterial district judge,
judge or justice, whether or not continuously or on the
same court, by election or appointment for an aggregate
period equaling a full term of office;
(ii) has not been defeated for reelection or
retention;
(iii) has not been convicted of, pleaded nolo
contendere to or agreed to an Accelerated Rehabilitative
Disposition or other probation without verdict program
relative to any misdemeanor or felony offense under the
laws of this Commonwealth or an equivalent offense under
the laws of the United States or one of its territories
or possessions, another state, the District of Columbia,
the Commonwealth of Puerto Rico or a foreign nation;
(iv) has not resigned a judicial commission to avoid
having charges filed or to avoid prosecution by Federal,
State or local law enforcement agencies or by the
Judicial Conduct Board;
(v) has not been removed from office by the Court of
Judicial Discipline; and
(vi) is a resident of this Commonwealth.
(3) An active or senior judge or full-time magistrate of
the District Courts of the United States for the Eastern,
Middle or Western District of Pennsylvania.
(3.1) An active, retired or senior bankruptcy judge of
the United States Bankruptcy Courts for the Eastern, Middle
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or Western District of Pennsylvania who is a resident of this
Commonwealth.
(4) An active, retired or senior judge of the United
States Court of Appeals for the Third Circuit who is a
resident of this Commonwealth.
(5) A mayor of any city or borough of this Commonwealth.
(5.1) A former mayor of a city or borough of this <--
Commonwealth who:
(i) has not been defeated for reelection;
(ii) has not been convicted of, pleaded nolo
contendere to or agreed to an Accelerated Rehabilitative
Disposition or other probation without verdict program
relative to a misdemeanor or felony offense under the
laws of this Commonwealth or an equivalent offense under
the laws of the United States or any one of its
possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation;
(iii) has not resigned the position of mayor to
avoid having charges filed or to avoid prosecution by
Federal, State or local law enforcement agencies;
(iv) has served as a mayor, whether continuously or
not, by election for an aggregate of a full term in
office; and
(v) is a resident of this Commonwealth.
(6) A minister, priest or rabbi of any regularly
established church or congregation.
(7) A representative or officer of a federally or State- <--
recognized Indian Nation or Tribe who has been ordained or is
authorized to solemnize marriages in accordance with the
rules and customs of the Indian Nation or Tribe.
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(b) Religious organizations.--Every religious society,
religious institution or religious organization in this
Commonwealth may join persons together in marriage when at least
one of the persons is a member of the society, institution or
organization, according to the rules and customs of the society,
institution or organization.
(c) Marriage license needed to officiate.--No person or
religious organization qualified to perform marriages shall
officiate at a marriage ceremony without the parties having
obtained a marriage license issued under this part.
Section 2. This act shall take effect immediately.
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