SPONSOR:	Rep. Jaques & Sen. Katz

HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY

HOUSE BILL NO. 370

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §106, Title 13 of the Delaware Code by adding thereto new subsections "(d)" through "(j)" as follows:

"(d)Delaware Clergy persons and ministers desiring to perform marriage ceremonies in accordance with subsection (a) of this section shall register with the Clerk of the Peace of the county where they reside.Registration shall entitle such clergy person or minister to perform marriages in this State.Any person registering to perform marriage ceremonies shall be subject to a $60 annual registration fee, payable beginning the date of registration to the Clerk of the Peace of the county where registered.

(e)Non-resident clergy persons and ministers desiring to perform marriages in the State of Delaware in accordance with subsection (d) of this section may register with any Clerk of the Peace.

(f)Clergy persons and ministers desiring to perform a single marriage ceremony in accordance with subsection (a) of this section shall register with the Clerk of the Peace of the county where the marriage ceremony will be performed.Registration will entitle such clergy person or minister to perform a specific marriage ceremony in the county where registered on a specific date.Any clergy person or minister registering to perform a marriage ceremony pursuant to this subsection shall be subject to a $30 registration fee payable to the Clerk of the Peace of the County where the marriage ceremony is to be performed.

(g)Any clergy person or minister performing a marriage ceremony without first having been registered to do so may be assessed a civil penalty not to exceed $100 per occurrence, by the Clerk of the Peace of the county where such ceremony was performed, payable to the office of such Clerk of the Peace.Any clergy person or minister assessed a civil penalty pursuant to this section may have their authorization to solemnize marriages in this State suspended until all assessed penalties have been paid in full.A Clerk of the Peace may also file a civil action in any Justice of the Peace Court for their respective county to secure payment of any unpaid penalties assessed pursuant to this section.

(h) (1)Any clergy person or minister assessed a civil penalty or who has had their authorization to solemnize marriages suspended shall be notified of these sanctions in writing by the Clerk of the Peace, evidenced by a certificate of mailing.

(2)Any clergy person or minister assessed a civil penalty or who has had their authorization to solemnize marriages suspended may file a written appeal of the sanctions to the Clerk of the Peace who issued the same within ten calendar days of receiving the notification referred to in paragraph (1).

(i)Any couple married by an unregistered clergy person or minister shall still be considered legally married, provided they meet all of the other requirements for marriage set forth in the Delaware Code.

(j)Clerks of the Peace, former Clerks of the Peace and Judges shall be exempt from the registration requirements of this section.".

SYNOPSIS

The State Bureau of Vital Statistics discontinued the policy of registering clergy and ministers authorized to solemnize marriages more than a decade ago.Since that time, there has been no way of verifying the legitimacy and entitlement of persons solemnizing marriages under Delaware law.This Bill re-establishes the registration of clergy and ministers and transfers the responsibility for overseeing registration to the Clerks of the Peace of the respective counties.This Bill would require any clergy person or minister wishing to solemnize marriages in this State to register with the Clerk of the Peace of the County they reside or where a marriage ceremony will be performed.Registration will assure couples planning to marry select an officiant who is lawfully authorized to solemnize marriages.The Bill also establishes fees for clergy persons and ministers registering on an annual basis, and for those desiring to officiate a specific ceremony on a specific date.The Bill also imposes a civil penalty on any person who performs a marriage ceremony without being lawfully registered.