SENATE BILL No. 59

 

 

January 25, 2005, Introduced by Senators CHERRY, JACOBS and GOSCHKA and referred to the Committee on Judiciary.

 

 

 

 

 

 

     A bill to amend 1846 RS 83, entitled

 

"Of marriage and the solemnization thereof,"

 

by amending section 7 (MCL 551.7), as amended by 1983 PA 64.

 

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, in the district in which

 

the judge is serving.

 

     (b) A district court magistrate, in the district in which the

 

magistrate serves.

 

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

 

serving or in a township over which a municipal court has

 

jurisdiction  pursuant  according to section 9928 of  Act No. 236


 

of the Public Acts of 1961, being section 600.9928 of the Michigan

 

Compiled Laws  the revised judicature act of 1961, 1961 PA 236, MCL

 

600.9928.

 

     (d) A judge of probate, in the county or probate court

 

district in which the judge is serving.

 

     (e) A judge of a federal court.

 

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

 

which  the mayor serves  that city is located.

 

     (g) The county clerk of a county having more than 2,000,000

 

inhabitants or an employee of the clerk's office designated by the

 

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

 

     (h) A minister of the gospel, anywhere in the state, if the

 

minister is ordained or authorized to solemnize marriages according

 

to the usages of the denomination, and is a pastor of a church in

 

this state, or continues to preach the gospel in this state.

 

     (i) A minister of the gospel, anywhere in the state, if the

 

minister is not a resident of this state but is authorized to

 

solemnize marriages under the laws of the state in which the

 

minister resides.

 

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

 

shall keep proper records and make returns as required by section 4

 

of  Act No. 128 of the Public Acts of 1887, as amended, being

 

section 551.104 of the Michigan Compiled Laws  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  that 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 of a county having more than 2,000,000

 

inhabitants or 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 that

 

county,  which  that shall be paid to the county treasurer and

 

deposited in the general fund of the county at the end of the

 

month.