LRB-2517/1
PJK:sac:rs
2013 - 2014 LEGISLATURE
October 17, 2013 - Introduced by Representatives T. Larson, Thiesfeldt, Tittl,
Bernier, Bewley, Billings, Born, Doyle, Endsley, Kestell, Kleefisch,
Murphy, Murtha, Nass, A. Ott, Petersen, Petryk, Ripp and Vruwink,
cosponsored by Senators Cowles, Lehman, Schultz and Wirch. Referred to
Committee on State Affairs and Government Operations.
AB429,1,4
1An Act to repeal 765.17;
to renumber and amend 765.16 (except 765.16
2(title));
to amend 59.79 (5), 765.14, 765.23 and 765.30 (4) (a); and
to create
3765.16 (2m) of the statutes;
relating to: requirements for persons officiating
4at a marriage.
Analysis by the Legislative Reference Bureau
Under current law, the following persons may officiate at a marriage: 1) an
ordained member of the clergy; 2) a licentiate of a denominational body or an
appointee of a bishop serving as the regular member of the clergy of any church of
the denomination to which the member of the clergy belongs; 3) the two marrying
parties themselves, by mutual declaration that they take each other as husband and
wife; 4) a judge, reserve judge, or municipal judge; and 5) a circuit court
commissioner. If a person listed under 1) or 2) above is not a state resident, the
person may officiate at a marriage in this state if the person has a letter of
sponsorship from a member of the clergy of the same religious denomination or
society who has a church in this state under his or her ministry.
This bill provides that, except for the two parties themselves, who may be under
age 18 under certain circumstances, any person who officiates at a marriage must
be at least 18 years old. The bill also eliminates the requirement for a letter of
sponsorship if the person officiating is a person listed under 1) or 2) above and not
a state resident.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB429,1
1Section
1. 59.79 (5) of the statutes is amended to read:
AB429,2,72
59.79
(5) Fee for certain marriage ceremonies. Enact an ordinance imposing
3a fee to be paid in advance to the clerk for each marriage ceremony performed by a
4judge or a circuit or supplemental court commissioner specified in s. 765.16
(5) (1m)
5(e) in the courthouse, safety building
, or children's court center during hours when
6any office in those public buildings is open for the transaction of business. The
7amount of the fee shall be determined by the board.
AB429,2
8Section
2. 765.14 of the statutes is amended to read:
AB429,2,12
9765.14 Form of marriage document when solemnized by parties. If the
10marriage is to be solemnized by the parties without an officiating person, as provided
11by s. 765.16
(3) (1m) (c), the marriage document shall contain all those items and
12notations as required by s. 765.13.
AB429,3
13Section
3. 765.16 (except 765.16 (title)) of the statutes is renumbered 765.16
14(1m), and 765.16 (1m) (f), as renumbered, is amended to read:
AB429,2,1515
765.16
(1m) (f) Any municipal
court judge.
AB429,4
16Section
4. 765.16 (2m) of the statutes is created to read:
AB429,2,1817
765.16
(2m) An officiating person under sub. (1m) (a), (b), (d), (e), or (f) must
18be at least 18 years old.
AB429,5
19Section
5. 765.17 of the statutes is repealed.
AB429,6
20Section
6. 765.23 of the statutes is amended to read:
AB429,3,15
1765.23 Immaterial irregularities otherwise. No marriage hereafter
2contracted shall be void either by reason of the marriage license having been issued
3by a county clerk not having jurisdiction to issue the same; or by reason of any
4informality or irregularity of form in the application for the marriage license or in
5the marriage license itself, or the incompetency of the witnesses to such marriage;
6or because the marriage may have been solemnized in a county other than the county
7prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
8if the marriage is in other respects lawful and is consummated with the full belief
9on the part of the persons so married, or either of them, that they have been lawfully
10joined in marriage. Where a marriage has been celebrated in one of the forms
11provided for in s. 765.16
(1m), and the parties thereto have immediately thereafter
12assumed the habit and repute of husband and wife, and having continued the same
13uninterruptedly thereafter for the period of one year, or until the death of either of
14them, it shall be deemed that a marriage license has been issued as required by ss.
15765.05 to 765.24 and 767.803.
AB429,7
16Section
7. 765.30 (4) (a) of the statutes is amended to read:
AB429,3,2217
765.30
(4) (a)
Penalty for failure to file marriage certificate. Every officiating
18person, or persons marrying without the presence of an officiating person, as
19provided by s. 765.16
(3) (1m) (c), who neglect or refuse to transmit the original
20marriage certificate, solemnized by the officiating person or the persons marrying,
21to the register of deeds of the county in which the marriage was performed within
223 days after the date of the marriage.
AB429,8
23Section
8.
Initial applicability.
AB429,4,2
1(1) This act first applies to marriages solemnized on the effective date of this
2subsection.
