HOUSE BILL No. 5613 February 25, 1998, Introduced by Reps. Brater, Scott, Quarles, Hale, Brewer, Brackenridge, Crissman and Parks and referred to the Committee on Local Government. 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: 1 Sec. 7. (1) Marriages may be solemnized by any of the fol- 2 lowing PERSONS: 3 (a) A judge of the district court,IF THE MARRIAGE IS 4 SOLEMNIZED in the district in which the judge is serving. 5 (b) A district court magistrate,IF THE MARRIAGE IS 6 SOLEMNIZED in the district in which the magistrateservesIS 7 SERVING. 8 (c) A municipal judge,IF THE MARRIAGE IS SOLEMNIZED in 9 the city in which the judge is serving or in a township over 10 which a municipal court has jurisdiction pursuant to section 9928 05642'98 FDD 2 1 ofAct No. 236 of the Public Acts of 1961, being section2600.9928 of the Michigan Compiled LawsTHE REVISED JUDICATURE 3 ACT OF 1961, 1961 PA 236, MCL 600.9928. 4 (d) A judge of probate,IF THE MARRIAGE IS SOLEMNIZED in 5 the county or probate court district in which the judge is 6 serving. 7 (e) A judge of a federal court. 8 (f) A mayor of a city,IF THE MARRIAGE IS SOLEMNIZED in 9 the city in which the mayor serves. 10 (g)TheA county clerkof a county having more than112,000,000 inhabitantsor an employee of the clerk's office des- 12 ignated by the county clerk,IF THE MARRIAGE IS SOLEMNIZED in 13 the county in which the clerk serves. 14 (h) A minister of the gospel,anywhere in the state,if 15 the minister is ordained or authorized to solemnize marriages 16 according to the usages of the denomination,and is a pastor 17 of a church in this state,or continues to preach the gospel 18 in this state. 19 (i) A minister of the gospel,anywhere in the state,if 20 the minister is not a resident of this state but is authorized to 21 solemnize marriages under the laws of the state in which the min- 22 ister resides. 23 (2) A person authorized by this act to solemnize a marriage 24 shall keep proper records and make returns as required by section 25 4 ofAct No. 128 of the Public Acts of 1887, as amended, being26section 551.104 of the Michigan Compiled Laws1887 PA 128, MCL 27 551.104. 05642'98 3 1 (3) If a mayor of a city solemnizes a marriage, the mayor 2 shall charge and collect a fee to be determined by the council of 3 that city., whichTHE FEE shall be paid to the city treasurer 4 and deposited in the general fund of the city at the end of the 5 month. 6 (4) IftheA county clerkof a county having more than72,000,000 inhabitantsor an employee of the clerk's office des- 8 ignated by the county clerk solemnizes a marriage, the county 9 clerk shall charge and collect a fee to be determined by the com- 10 missioners of that county., whichTHE FEE shall be paid to the 11 county treasurer and deposited in the general fund of the county 12 at the end of the month. 13 Sec. 16. A marriage solemnized before a person professing 14 to be adistrict judge, common pleas court judge, district court15magistrate, municipal judge, judge of probate, judge of a federal16court, mayor, the county clerk of a county having more than172,000,000 inhabitants or an employee of the county clerk desig-18nated by the clerk to solemnize marriages, or a minister of the19gospel shall not be considered or adjudged to be void, nor shall20 PERSON AUTHORIZED TO SOLEMNIZE A MARRIAGE UNDER SECTION 7 IS NOT 21 VOID AND the validity of the marriagebeIS NOT affected, on22account of any wantFOR LACK of jurisdiction or authority in 23the supposed judge, magistrate, mayor, clerk, employee, or24ministerTHAT PERSON, if the marriage was consummated with a 25 full beliefon the partBY 1 OR BOTH of the persons married,26or either of them,that they were lawfully joined in marriage. 05642'98 Final page. FDD