THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY P. COSTA, WALKO, CALTAGIRONE, COHEN, FRANKEL, MANN, CARROLL, CONKLIN, CRUZ, GOODMAN, KORTZ, KOTIK, LONGIETTI, M. O'BRIEN, READSHAW, SABATINA, SIPTROTH, K. SMITH, STABACK, WHITE, BEYER, BOYD, CREIGHTON, FAIRCHILD, FLECK, GEIST, GROVE, HARKINS, HENNESSEY, MARSHALL, PYLE, SWANGER, BENNINGHOFF, FREEMAN, PALLONE AND STERN, FEBRUARY 5, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 9, 2009   

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for persons

qualified to solemnize marriages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1503 of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1503.  Persons qualified to solemnize marriages.

(a)  General rule.--The following are authorized to solemnize

marriages between persons that produce a marriage license issued

under this part:

(1)  A justice, judge or magisterial district judge of

this Commonwealth.

(2)  A former or retired justice, judge or magisterial

district judge of this Commonwealth who is serving as a

senior judge or senior magisterial district judge as provided

or prescribed by law[.]; or not serving as a senior judge or

senior magisterial district judge but meets the following

criteria:

(i)  has served as a magisterial district judge,

judge or justice, whether or not continuously or on the

same court, by election or appointment for an aggregate

period equaling a full term of office;

(ii)  has not been defeated for reelection or

retention;

(iii)  has not been convicted of, pleaded nolo

contendere to or agreed to an Accelerated Rehabilitative

Disposition or other probation without verdict program

relative to any misdemeanor or felony offense under the

laws of this Commonwealth or an equivalent offense under

the laws of the United States or one of its territories

or possessions, another state, the District of Columbia,

the Commonwealth of Puerto Rico or a foreign nation;

(iv)  has not resigned a judicial commission to avoid

having charges filed or to avoid prosecution by Federal,

State or local law enforcement agencies or by the

Judicial Conduct Board;

(v)  has not been removed from office by the Court of

Judicial Discipline; and

(vi)  is a resident of this Commonwealth.

(3)  An active or senior judge or full-time magistrate of

the District Courts of the United States for the Eastern,

Middle or Western District of Pennsylvania.

(3.1)  An active, retired or senior bankruptcy judge of

the United States Bankruptcy Courts for the Eastern, Middle

or Western District of Pennsylvania who is a resident of this

Commonwealth.

(4)  An active, retired or senior judge of the United

States Court of Appeals for the Third Circuit who is a

resident of this Commonwealth.

(5)  A mayor of any city or borough of this Commonwealth.

(5.1)  A former mayor of a city or borough of this

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Commonwealth who:

(i)  has not been defeated for reelection;

(ii)  has not been convicted of, pleaded nolo

contendere to or agreed to an Accelerated Rehabilitative

Disposition or other probation without verdict program

relative to a misdemeanor or felony offense under the

laws of this Commonwealth or an equivalent offense under

the laws of the United States or any one of its

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation;

(iii)  has not resigned the position of mayor to

avoid having charges filed or to avoid prosecution by

Federal, State or local law enforcement agencies;

(iv)  has served as a mayor, whether continuously or

not, by election for an aggregate of a full term in

office; and

(v)  is a resident of this Commonwealth.

(6)  A minister, priest or rabbi of any regularly

established church or congregation.

(7)  A representative or officer of a federally or State-

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recognized Indian Nation or Tribe who has been ordained or is

authorized to solemnize marriages in accordance with the

rules and customs of the Indian Nation or Tribe.

(b)  Religious organizations.--Every religious society,

religious institution or religious organization in this

Commonwealth may join persons together in marriage when at least

one of the persons is a member of the society, institution or

organization, according to the rules and customs of the society,

institution or organization.

(c)  Marriage license needed to officiate.--No person or

religious organization qualified to perform marriages shall

officiate at a marriage ceremony without the parties having

obtained a marriage license issued under this part.

Section 2.  This act shall take effect immediately.