To amend section 3101.08 and to enact section 101.261 of the Revised Code to permit members of the General Assembly to perform civil marriage ceremonies in Ohio.

Section 1. That section 3101.08 be amended and section 101.261 of the Revised Code be enacted to read as follows:

Sec. 101.261. Each member currently holding office in the general assembly has the authority and jurisdiction to perform marriage ceremonies anywhere in the state. Any fee collected by the member for performance of a marriage ceremony shall be donated directly to a foundation or other charitable organization that is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. A fee collected and donated as described in this section shall not be considered a violation of section 102.03 or 102.04 of the Revised Code or Section 31 of Article II, Ohio Constitution.

Sec. 3101.08.  The following persons may join together as husband and wife any persons who are not prohibited by law from being joined in marriage:

(A) An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a;

(B) A judge of a county court in accordance with section 1907.18 of the Revised Code, a;

(C) A judge of a municipal court in accordance with section 1901.14 of the Revised Code, a;

(D) A probate judge in accordance with section 2101.27 of the Revised Code, the;

(E) A current member of the general assembly in accordance with section 101.261 of the Revised Code;

(F) The mayor of a municipal corporation in any county in which such municipal corporation wholly or partly lies, the;

(G) The superintendent of the state school for the deaf, or any;

(H) Any religious society in conformity with the rules of its church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage.

Section 2. That existing section 3101.08 of the Revised Code is hereby repealed.