JUDGE-PERFORMED MARRIAGES

Senate Bills 698, 699 (S-1), & 700 (S-2)

Sponsor:  Sen. Goeff Hansen

Senate Committee:  Judiciary

House Committee:  Judiciary                    (Enacted as Public Acts 265, 266, and 267 of 2012)

Complete to 5-30-12

A SUMMARY OF SENATE BILLS 698, 699, & 700 AS PASSED BY THE SENATE

Senate Bill 698 would amend Section 7 of Chapter 83 of the Revised Statutes of 1846 to authorize district court judges, district court magistrates, and probate judges to solemnize a marriage anywhere in the state.

Senate Bill 699 would amend the Revised Judicature Act to require the $10 fee paid to a probate court for performing a marriage ceremony to be remitted to the probate court for the county in which a probate judge performing the marriage serves.

Senate Bill 700 would amend the Revised Judicature Act to require the $10 fee paid to a district court for marriages performed by district judges or district magistrates be remitted to the district court in which the district judge or magistrate performing the marriage serves. A district judge or magistrate may waive if the parties to the marriage are indigent.

FISCAL IMPACT:

The bills would not have a significant impact on state or local government. To the extent that judges perform marriages that would otherwise be performed by judges from another court, revenue that would go to one court unit may instead be paid to a different court. The amount of revenue affected by this change would likely be negligible.

                                                                                                                       

                                                                                                Fiscal Analyst:   Erik Jonasson

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.