HB0563113th GA (Historical)Introduced

Amends TCA Title 36, Chapter 3.

This bill prohibits certain public officers from charging a fee or demanding compensation for the solemnization of a marriage as described below. <br /> <br /> Present law authorizes certain individuals to solemnize a marriage in this state, including county mayors, county clerks, members of a county legislative body, and municipal mayors. Present law authorizes a county mayor, county clerk, members of the county legislative body, or municipal mayor to retain any gratuity received for the solemnization of a marriage, whether performed during or after the person's regular working hours, as personal remuneration for such services, in addition to other sources of compensation the person might receive. Present law further provides that the gratuity must not be paid into the county general fund or the treasury of such municipality.<br /> <br /> This bill retains the present law provisions but prohibits a county mayor, county clerk, member of a county legislative body, and municipal mayor from charging a fee or demanding compensation for the solemnization of a marriage. This bill creates a Class C misdemeanor for a public officer who knowingly violates this prohibition and creates a rebuttable presumption that there is an actionable basis to institute ouster or quo warranto proceedings for the removal of the public officer from office for such violation.<br />

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Overview

This bill prohibits certain public officers from charging a fee or demanding compensation for the solemnization of a marriage as described below. <br /> <br /> Present law authorizes certain individuals to solemnize a marriage in this state, including county mayors, county clerks, members of a county legislative body, and municipal mayors. Present law authorizes a county mayor, county clerk, members of the county legislative body, or municipal mayor to retain any gratuity received for the solemnization of a marriage, whether performed during or after the person's regular working hours, as personal remuneration for such services, in addition to other sources of compensation the person might receive. Present law further provides that the gratuity must not be paid into the county general fund or the treasury of such municipality.<br /> <br /> This bill retains the present law provisions but prohibits a county mayor, county clerk, member of a county legislative body, and municipal mayor from charging a fee or demanding compensation for the solemnization of a marriage. This bill creates a Class C misdemeanor for a public officer who knowingly violates this prohibition and creates a rebuttable presumption that there is an actionable basis to institute ouster or quo warranto proceedings for the removal of the public officer from office for such violation.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 25, 2023

Subjects
29853880

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