HB-4086, As Passed House, March 14, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4086

     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 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, in the city in which the mayor serves.

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

inhabitants in the county in which the clerk serves or, in a

county having more than 2,000,000 inhabitants, 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 or cleric or religious

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

religious practitioner 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 or cleric or religious

practitioner, anywhere in the 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 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 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, in a county having more than 2,000,000

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 that

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

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

     (5) As used in this act, "minister of the gospel or cleric or

religious practitioner" means a priest, minister, rabbi, Christian

Science practitioner, or other religious practitioner or similar

functionary of a church, temple, religious body, denomination, or

similar organization exempt from taxation under section 501(c)(3)

of the internal revenue code of 1986, 26 USC 501.

     Sec. 16. A marriage solemnized before  a person 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, or mayor, the county clerk of a county  having

more than 2,000,000 inhabitants  or, in a county having more than

2,000,000 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  any a want of jurisdiction or authority

in the supposed judge, magistrate, mayor, clerk, employee, or

minister by that individual if the marriage was consummated with a

full belief on the part of the  persons individuals married, or

either of them, that they were lawfully joined in marriage.